Internet store rules

INTERNET STORE RULES

 (shall apply from o1.12.2015)

CarClimat

 

§1
General provisions


1. The online store [hereinafter the "Store"] operating at the address: www.carclimat.pl, conducts retail sales remotely via the Internet, on the basis of these Regulations [hereinafter "Regulations"].
2. The owner of the Store is: Pommard spółka z ograniczoną odpowiedzialnością spółka komandytowa, in Łomianki, (office and warehouse - Kiełpin, ul. Ogrodowa 27/29), entered in the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, XIV Commercial Division of the National Court Register under the number KRS 0000572815, REGON 362351331, NIP 1182112230, tel .: +48 22 751 75 06, email address: sklep@carclimat.pl
3. The Customer of the Store may be both a natural person and a legal person.
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 between 9: 00-15: 00. On the same days and hours, the Customer may contact the Store by e-mail at sklep@carclimat.pl and by phone at +48 22 751 75 06.
6. The Regulations are an integral part of the sales contract concluded with the Customer.
7. The condition for the conclusion of the sales contract is, inter alia, acceptance of the Regulations by the Customer and the Customer having an active e-mail address.
8. The prices of the Goods in the Store are given in Polish zlotys 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. 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.



§2
Orders


1. 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.
2. 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 Goods: "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 an appropriate inquiry to the Store on the terms set out in §1 paragraph 5 of the Regulations.
3. 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.
4. By placing an order on the form and clicking the "order and pay" button, the Customer submits 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 Regulations. By sending the order, the Customer confirms, among others the fact of having read the Regulations, agrees to its content, agrees to the processing of personal data in order to fulfill the order, undertakes to pay the price of the Goods and pay the shipping costs, resulting from §3 sec. 2 of the Regulations.
5. The condition for the contract to be processed is that the Customer provides data that allow the Customer to be verified.
6. 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 Regulations in pdf format.
7. 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. Failure to confirm 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.
8. In the absence of the confirmation referred to in sec. 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.
9. 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 condition the acceptance of the order only on payment by bank transfer or payment card (in accordance with §3 section 1 b) and c) of the Regulations).
10. The Store begins the execution of the order immediately after receiving the confirmation of payment by the Customer, and in the event of selecting the "cash on delivery" option, immediately after receiving the confirmation from the Customer, referred to in paragraph 7 above.
11. In the absence of the confirmation referred to in sec. 7 above, if the Customer selects the "cash on delivery" option, the Store has the right to suspend the execution of the order until it receives the above-mentioned confirmation. After 5 working days from the conclusion of the Agreement ineffectively, 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 the contract.
12. If the Customer fails to make the payment within 5 working days from sending the confirmation of the order 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.
13. The moment of payment is considered to be the moment the funds are credited to the Store's bank account.



§3
Payment

 

1. The customer can choose from the following payment methods:
a.cash on delivery - then the payment is made in cash upon receipt of the Goods,
b.by transfer - then the Store reserves the Goods in the warehouse and sends them to the address indicated by the Customer after the payment is credited to the bank account indicated for this purpose on the Store's website or in an email to the Customer,
c. by payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro - then the Store reserves the Goods in the warehouse and sends them to the address indicated by the Customer after accepting the payment from the eCard system.
2. Shipping costs are specified in the delivery price list [link].
3. The condition for the release of the Goods is payment for the Goods and shipment.
4. As a standard, the Store provides the Customer with a fiscal receipt (natural persons) or a VAT invoice (legal persons) together with the goods. The request to receive the above documents also by e-mail should be included in the comments to the order sent by e-mail or by phone.



§4
Shipment of goods

 

1. The ordered goods are sent by the Store via shipping companies or made available for collection by the Customer at the indicated collection point Kiełpin, ul. Ogrodowa 27/29, 05-092 Łomianki.
2. The maximum time of order fulfillment in the case of full availability of the Goods is up to 4 business days from the confirmation of the order by the Customer.
3. In the case of payment other than cash on delivery, 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.
4. The Store is not responsible for delays in the delivery of the Goods on the part of shipping companies.
5. 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.
6. 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.

 

§5
Complaints

 

1. The basis for accepting the complaint is the Customer's proof of purchase of the Goods (a fiscal receipt or a VAT invoice).
2. The Store considers complaints in accordance with the complaint procedure specified in §5 of the Regulations, 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.
3. 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 the 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 report should be sent immediately to the Store by post or scanned to the e-mail address of the Store sklep@carclimat.pl 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).
4. 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 following address: ul. Ogrodowa 27/29, Kiełpin, 05-092 Łomianki.
5. The Store will respond to the Customer's complaint within 14 business days of receiving 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.
6. Individual settings of the Customer's computer and monitor causing incorrect or distorted display of information about goods (eg colors) cannot be the basis for a complaint.
7. 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 cause inherent in the Goods at the time of its release.
8. The customer who is a consumer may use the complaint procedure if he finds a defect in the Goods within 2 years from the date of delivery of the Goods.
9. A customer who is not a consumer, under the warranty, is entitled to rights under the Act of 23 April 1964 - Civil Code (as amended) in Title XI. SALE, in Section II. WARRANTY FOR DEFECTS.
10. In addition to the above procedure, the Customer, who is a consumer, has the option of extrajudicial consideration of complaints by: obtaining free legal assistance from the relevant Consumer Advocate or non-governmental organizations acting for the benefit of consumers or by obtaining free legal assistance from state administration authorities, in particular the Office of Competition Protection and Consumers and the Trade Inspection, on the terms set out in the regulations governing these bodies.

 

§6
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 sklep@carclimat.pl, 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:

 

§7
Privacy protection


1. The processing of personal data is carried out in accordance with the Store's Privacy Policy, available HERE.


§8
Intellectual property


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.



§9
Final provisions

Entry into force and amendments to the Regulations
1. In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code and the Act of May 30, 2014 on consumer rights.
2. The Regulations come into force on the day of publication on the Store's website and replace the previous Regulations. The provisions of the previous Regulations shall apply to contracts concluded before the date of entry into force of the Regulations (link below).
3. The Store reserves the right to amend the Regulations, which shall enter into force on the day of their publication on the Store's website. Agreements concluded before the amendment to the Regulations shall be each time the version of the Regulations in force on the date of placing the Order by the Customer.


Regulations in force before 01/12/2015 (pdf format)

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