Internet store rules
INTERNET STORE RULES
(shall apply from 01.12.2015)
1. The online store [hereinafter "Store"] operating at: www.carclimat.pl, conducts retail sales remotely via the Internet, on the basis of these Terms and Conditions [hereinafter "Terms and Conditions"].
2. The owner of the Store is: Pommard Spółka z ograniczoną odpowiedzialnością spółka jawna, based in Łomianki, (office and warehouse - Kiełpin, ul. Ogrodowa 27/29), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register under the number KRS 0000572815, REGON 362351331, NIP 1182112230, phone: +48 22 751 75 06, email address: firstname.lastname@example.org
3. Both natural and legal persons may be the Store's customers:
3a. Consumers - means a consumer within the meaning of Article 221 of the Act of 23 April 1964. Civil Code (Journal of Laws 2017.459, i.e. as amended) , hereinafter referred to as the "Consumer".
3b. Entrepreneurs with Consumer Rights - an entrepreneur who is a natural person who, after the date of entry into force of Art. 1 and Art. 55 of the Act of July 31, 2019 amending certain acts in order to reduce regulatory burdens, contains an Agreement directly related to his business activity, when the content of this agreement shows that it has no professional nature for him, resulting in particular from the subject matter performed by business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Hereinafter referred to as the "Entrepreneur on consumer rights"
3c. Business entities and other legal persons.
4. Orders for Goods may be placed in the Store 7 days a week, 24 hours a day. The Store is not responsible for the lack of access to the website for reasons beyond the Store's control. The store reserves the right to suspend the operation of the website due to ongoing updates, repairs or technical reviews.
5. Orders are processed (Goods are shipped) by the Store on working days from 9:00-15:00. On the same days and hours, the Customer may contact the Store by e-mail at the address email@example.com and by phone number +48 22 751 75 06.
6. The Terms and Conditions are an integral part of the sales contract concluded with the Customer.
7. The condition for concluding a sales contract is, inter alia, acceptance of the Terms and Conditions by the Customer and the Customer having an active e-mail address.
8. The prices of the Goods in the Store are given in euro currency and are gross prices (including VAT). The prices of the Goods do not include the costs of delivering the Goods to the Customer (shipping costs).
9. All Goods available in the Store are brand new and free from physical and legal defects. The Store is obliged to deliver the ordered Goods to the Customer without defects.
10. The photos of the Goods posted on the website may slightly differ from the actual appearance of the Goods. These differences may concern colors, which may result from the differences between the image of photography in artificial light and daylight, as well as the parameters of computer monitors.
11. The store complies with the principles of fair market practices within the meaning of the Act of August 23, 2007 on Counteracting Unfair Market Practices.
12. In the event of any disputes regarding the purchased Goods, the Store will endeavor to resolve the matter amicably.
- Orders for Goods available in the Store can be placed via the Store's website: www.carclimat.pl in accordance with the procedure contained therein.
- Each product has its own product card with a detailed description of the product, its price and availability in the warehouse. There are three types of determining the availability of the Good: "available", "unavailable", "ask for availability". In the case of the message "ask for availability", the Customer may find out about the date of availability of the Goods by sending a relevant inquiry to the Store on the terms set out in §1 para. 5 of the Terms and Conditions.
- Information on the Goods on the Store's website does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract.
- The customer placing an order on the form and clicking the button "Place an order and pay", makes an offer to buy a specific Good under the conditions specified in the description of the Good on the Store's website and under the conditions specified in the Terms and Conditions. By placing the order, the Customer confirms, among others the fact of having read the Terms and Conditions, agrees to its content, agrees to the processing of personal data in order to perform the order, undertakes to pay the price of the Goods and pay the shipping costs, resulting from §3 para. 2 of the Terms and Conditions.
- The condition for the order to be fulfilled is that the Customer provides data that allow the Customer to be verified.
- After receiving the completed order form from the Customer, the Store confirms the acceptance of the order (conclusion of the contract) by sending an e-mail to the Customer's e-mail address provided in the order form. The Store attaches to the e-mail the information required by law in the form of the Store Terms and Conditions in pdf format.
- As soon as the Customer receives an e-mail confirming the acceptance of the order by the Store, the contract is concluded. The customer is obliged to confirm receipt of the above-mentioned
e-mail using the link contained in this e-mail. Lack of confirmation of receipt of the e-mail authorizes the Store to contact the Customer by phone in order to verify that the Customer receives the above-mentioned e-mail from the Store and the order placed by the Customer.
- In the absence of the confirmation referred to in paragraph 7, it is considered that the Customer's payment of the price for the Goods is an implied confirmation of receipt of the e-mail referred to in paragraph 6 above.
- When the order raises justified doubts of the Store as to the truthfulness and reliability of the data provided by the Customer or the method and possibility of payment, the Store has the right to refuse to accept the order or to condition the order only on payment by bank transfer or payment card (in accordance with §3 para. 1 b) and c ) of the Terms and Conditions).
- The store starts processing the order immediately after receiving the confirmation of payment by the customer referred to in paragraph 7 above.
- In the absence of the confirmation referred to in paragraph 7 above, the Store has the right to suspend the execution of the order until it receives the above-mentioned confirmation. After the ineffective lapse of 5 working days from the conclusion of the Agreement, the Store has the right to withdraw from the contract by sending the Customer an e-mail with the appropriate content within 6 months from the date of conclusion of the contract.
- If the Customer fails to make the payment within 5 working days from sending the confirmation of the order acceptance to the Customer by the Store, the Store has the right to suspend the execution of the order and withdraw from the contract by sending the Customer an e-mail with the appropriate content within 6 months from the date of conclusion of the contract.
- The moment of payment is the moment the funds are credited to the Store's bank account.
- The condition for the release of the Goods is payment for the Goods and shipment.
- Shipping costs are specified in the delivery price list [link].
- traditional transfer to a bank account - the payment should be made to the indicated bank account number, which we will provide you in the e-mail confirming the acceptance of the order. You can make the transfer online, at the post office or in a bank. After the payment is credited to our account, we will start processing the order.
- electronic payment (online transfer, PayPal) - the most convenient and secure way to transfer money via the Internet. We use the PayPal payment system in our store, to which you will be redirected in order to make the payment. The entire process is carried out quickly and safely.
Shipment of goods
- The ordered goods are shipped by the Store via shipping companies.
- The maximum time of order fulfillment in the case of full availability of the Goods is depending on the country of delivery from 5 to 10 working days from the confirmation of the order by the Customer.
- The shipping date is extended by the period between placing the order and the date the payment is credited to the Store's bank account.
- The Store is not responsible for delays in the delivery of the Goods on the part of shipping companies.
- Any changes to the terms of delivery made by the Customer after the shipment of the Goods may involve additional costs to be borne by the Customer, about which the Customer will be informed at the time of making the change.
- If it is not possible to deliver the Goods to the Customer for reasons attributable to the Customer, all costs related to the re-delivery or storage of the Goods shall be borne by the Customer. The cost of returning the parcel due to ineffective delivery is borne by the customer.
- The basis for accepting the complaint is the Customer's presentation of a proof of purchase of the Goods (fiscal receipt or VAT invoice).
- The store considers complaints in accordance with the complaint procedure specified in §5 of the Terms and Conditions, and in unregulated matters, in accordance with the provisions of Polish law, in particular the provisions on the sales contract, contained in the Civil Code Act.
- It is in the interest of the customer to check the condition of the shipment in the presence of the courier or carrier, in particular compliance with the order, quantity, type of goods, and the condition of the packaging. In the event of discrepancies and irregularities, the Customer should prepare an appropriate report in the presence of the carrier (courier) with the date, time and a detailed description of the irregularity as well as the signature of the Customer and the carrier (courier). The protocol should be sent immediately to the Store by post or scanned to the Store's e-mail address firstname.lastname@example.org in order to carry out the complaint procedure. In the event of damage to the Goods caused during transport, such a protocol is the basis for the Store to initiate a complaint procedure against the carrier (courier company).
- In the event of a defect in the Goods (non-compliance of the Goods with the contract), the Customer should return the Goods complained about at the Store's expense, along with a description of the non-compliance and proof of purchase, to the address ul. Ogrodowa 27/29, Kiełpin, 05-092 Łomianki. You can download the complaint form here.
- The Store will respond to the Customer's complaint within 14 working days from the receipt of the Goods sent, along with a description of non-compliance and proof of purchase. If the verification of non-compliance requires consulting an expert or a representative of the manufacturer of the goods, the deadline for responding to the Store is extended by the time the Store receives such an opinion.
- The individual settings of the Customer's computer and monitor causing incorrect or distorted display of information about the goods (e.g. colors) cannot be the basis for the complaint.
- The Store considers complaints regarding those defects of the Goods that existed at the time of the release of the Goods to the Customer or resulted from a reason inherent in the Goods at the time of its release.
- The client being Consumer and Entrepreneur about consumer rights may use the complaint procedure if it finds a defect in the Goods within 2 years from the date of release of the Goods.
- The customer who is not a consumer, under the warranty, is entitled to the rights resulting from the Act of 23 April 1964 - Civil Code (as amended) in Title XI. SALE, in Section II. WARRANTY FOR DEFECTS.
- In addition to the above procedure, the Customer being Consumer and Entrepreneur about consumer rightshas the option of out-of-court examination of complaints by: obtaining free legal assistance from the relevant Consumer Ombudsman or non-governmental organizations acting for consumers or by obtaining free legal assistance from state administration bodies, in particular the Office of Competition and Consumer Protection and the Trade Inspection, on the terms set out in Terms and Conditions relating to these authorities.
The right to withdraw from the contract
1. Pursuant to the Act of May 30, 2014 on consumer rights, the Customer who is a consumer has the right to withdraw from the contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of delivery of the Goods.
2. To exercise the right to withdraw from the contract, the Customer must inform the Store about his decision to withdraw from the contract by an unequivocal statement sent to the address of the Store email@example.com, and the Store will immediately send the Customer confirmation of receipt of this statement. The customer may use the model withdrawal form, but it is not obligatory.
Download: Template of the declaration of withdrawal from the contract.
3.To meet the deadline to withdraw from the contract, it is enough to send a statement of withdrawal from the contract before the deadline to withdraw from the contract
4. In the event of withdrawal from the contract, the Store will 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 delivery method offered by the Store), immediately, and in any case not later than 14 days from the date on which he was informed about the Customer's decision to exercise the right to withdraw from the contract. The reimbursement will be made by the Store using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution; in any event, the Customer will not incur any fees in connection with this refund.
5. The Store may withhold the reimbursement until receipt of the Goods or until the Customer provides proof of its return, whichever occurs first.
6. In the event of withdrawal from the contract, the Customer is obliged to return the Goods at his own expense to the following address: Kiełpin, ul. Ogrodowa 27/29, 05-092 Łomianki, immediately, and in any case not later than 14 days from the date on which he submitted the declaration of withdrawal. The customer is obliged to bear the direct costs of returning the Goods.
7. The goods should be returned unchanged, packed in a way ensuring protection against damage during transport. The Customer is responsible for reducing the value of the Goods resulting from the use of the Goods in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.
8. In the event of a breach by the Customer of the conditions specified in paragraphs 1-3 and 6-7 above, the declaration of withdrawal is ineffective, the Goods are not returnable, and the Store does not reimburse the amount paid to the Customer and return the Goods to the Customer at his expense.
9. Pursuant to Art. 38 of the Act of May 30, 2014 on consumer rights, the Customer is not entitled to withdraw from the contract in relation to contracts:
It is forbidden to use any materials published on the Store's website (including photos and descriptions of goods) without the Store's written consent.
- In matters not covered by the Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the Civil Code and the Act of May 30, 2014 on consumer rights.
- The Terms and Conditions come into force on the day of publication on the Store's website and replace the previous Terms and Conditions. The provisions of the previous Terms and Conditions shall apply to contracts concluded before the date of entry into force of the Terms and Conditions (link below).
- The Store reserves the right to amend the Terms and Conditions, which shall enter into force on the day of their publication on the Store's website. Agreements concluded before the amendment to the Terms and Conditions shall be each time the version of the Terms and Conditions in force on the date of placing the Order by the Customer.