- Store - an online store located at www.dorian-czesci.sklep.pl
- Regulations - these regulations regulating the rules of using the Store, being an integral part of the contract concluded between the Seller and the Buyer.
- Agreement - a sales contract concluded between the Buyer and the Seller, the integral part of which is the Regulations.
- Parties - Both parties to the Agreement, the Buyer and the Seller.
- Seller - entity responsible for the functioning of the Store: AUTO-CZĘŚCI DORIAN ul.ŁOKIETKA 44 82-300 ELBLAG REGON: 280489604 NIP: 5782787754 Buyer - an entity making purchases via the Store; The buyer can be both the purchasing entity and the consumer. If the buyer is a natural person, he must be of legal age and have full legal capacity.
- Consumer - consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
- User - a person viewing the content of the Store's website
- Goods - goods sold in the Store, mainly auto parts, including used parts.
- Delivery Price List - the price list of Goods delivery services published at https://www.dorian-czesci.sklep.pl/kontakt/
- The regulations are based on art. 8 sec. 1 point 1 of the Act on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
- The Regulations define in particular:
- types and scope of services provided electronically,
- conditions for the provision of electronic services,
- conditions for concluding and terminating contracts for the provision of electronic services,
- the complaint procedure
- The buyer accepts the Regulations.
- The subject of the Store's activity is the sale of Goods. The Goods sold together with a detailed description and price are presented on the relevant subpages of the Store.
- The contract is concluded in Polish.
In order to avoid errors when using the Services, it is necessary to use a PC or similar computer connected to the Internet, equipped with the Windows, Linux or MAC OS operating system and the Internet Explorer, Google Chrome, Opera, Mozilla Firefox or Safari web browser.
- The provisions of the Regulations do not infringe the generally applicable provisions of law on consumer protection, including the Civil Code, the Act on Consumer Rights.
- Any non-compliance of the provisions of the Regulations with generally applicable legal standards is considered not binding. In their place, the relevant norms of generally applicable law are applied.
Contact with the Seller takes place: by phone - number: +48 794 618 862 by e-mail - email@example.com Traditional correspondence should be sent to the address of the Seller's registered office.
PROCEDURE FOR ORDERING GOODS
- The Buyer places an order by completing the interactive order form available on the Store's website and sending it to the Store, and the selection of the ordered Goods is made by adding them to the virtual shopping cart. The form is completed in accordance with the detailed instructions visible while filling in.
- The Buyer indicates the Goods he wants to order. The Buyer provides the following data: name and surname, address of residence / registered office, address for delivery, e-mail address, telephone number, method of payment, method of delivery of the Goods. Additionally, the Buyer provides the necessary data to issue an invoice or bill.
- The Buyer is allowed to verify and correct the order data ("back" button).
- The purchase procedure is ended by the Buyer pressing the button confirming the order with the obligation to pay (the button "order with the obligation to pay" or other equivalent in the content).
- The order placed by the Buyer is confirmed by the Seller by sending an (automatic) e-mail. Along with the confirmation, the Seller sends the Buyer the Regulations.
- The buyer should follow the indications contained in the confirmation, in particular, click on the link provided in the e-mail.
- Regardless of the information sent to the Buyer regarding the Agreement, the full content of the Agreement is recorded by the Seller in the form of an electronic record placed in its IT system and made available to the Buyer at his request.
- In the event of detecting errors in the data entered by the Buyer, referred to in paragraph 2, the Buyer may request their correction by providing the correct data. This option does not apply to changes to the Goods ordered after their shipment to the Buyer.
- In case of doubts as to the reliability of the data provided, the Seller is entitled to confirm them and may refrain from completing the order until their verification. The Seller will immediately inform the Buyer about such a situation and, at his request, will return the amount already paid for the price.
- The delivery of the ordered Goods takes place as soon as possible, not longer than 30 days from the conclusion of the Agreement. The completion date is counted from the date of sending the order confirmation by the Seller, or - when paying in the form of a prepayment - from the day the amount due is credited to the Seller's account
- If the Seller has not fulfilled its obligation to deliver the Goods within the time limit specified in the preceding paragraph, the Buyer shall request it to be delivered within an additional period appropriate to the circumstances. If the Seller has not delivered the Goods within this additional period, the Buyer has the right to terminate the Agreement. The provision of § 18 shall apply.
- Paragraph 1 above shall not apply if the Seller has refused to deliver the Goods or if the delivery date has been individually agreed with the Buyer and is significant due to all circumstances related to the conclusion of the Agreement, or if the Buyer informs the Seller before concluding the Agreement. that the delivery of the Goods before or on a specific date is essential. In such cases, if the Seller did not deliver the Goods within the period agreed with the Buyer or within the period specified in paragraph 1, the Buyer has the right to terminate the Agreement immediately.
- After the termination of the Agreement in accordance with the above provisions, the Seller shall refund the entire amount paid under the Agreement without undue delay.
- Delivery of the ordered Goods is normally carried out via Poczta Polska or the courier company DPD and DHL.
- It is recommended that the Buyer checks the condition of the parcel at the time of its delivery, and in the event of visible damage to the packaging, this fact should be reported to the person delivering the parcel and, if possible, with her participation, draw up a damage report. Failure to control the shipment does not result in the loss of the right to file a complaint.
PRICE AND PAYMENT
- The prices of the Goods are listed on the Store's website.
- The prices of the Goods are given in the final version, including all fees and taxes, including in particular VAT at the applicable rate, taking into account, however, the provision of the following paragraph.
- The prices of the Goods do not include shipping costs, which are presented to the Buyer during the ordering procedure. Independently, the Buyer may refer to the applicable fee rates.
The buyer receives a receipt or invoice with the shipment.
- The Delivery Price List specifies the costs of individual delivery options for the Goods. The choice of options is up to the Buyer.
- The parties may agree to deliver the Goods using a different option, not included in the Delivery Price List.
- If the transport costs, due to the nature of the order or the size of the ordered Goods, do not allow the price to be calculated in advance, it will be determined based on the generally applicable rates of the given carrier. In this case, an entity other than that indicated in § 9 section 1.
The buyer chooses one of the following payment methods:
- cash on delivery - the Buyer pays the payment for the Goods and shipment upon collection of the parcel at the post office or to the deliverer.
- by bank transfer - the Buyer prepares to the Seller's account number 49 1160 2202 0000 0003 6010 9221 the amount due for the Goods and shipment based on the data received in the order confirmation.
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Buyer for physical and legal defects of the Goods to the extent specified in the Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16 item 93, as amended)
- If the Product has a defect, the Buyer may:
- a) demand that the seller remove the defect
b) demand replacement of the goods with a new one
c) demand a price reduction
d) withdraw from the contract
- The goods are used and therefore show signs of use which cannot be considered as defects; significant damage to the Goods are described on the Store's website.
- The Buyer may not demand a price reduction or withdraw from the contract if the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with one free from defects or removes the defect.
- If the Buyer is a Consumer, he may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a Product free from defects, or instead of the proposed replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product into compliance with the Agreement in a manner chosen by the Buyer or would require excessive costs compared to the method proposed by the Seller.
- In the event of a repeated replacement or repair of the Goods, the limitation of the possibility of withdrawing from the Agreement or requesting a price reduction referred to in the preceding paragraph shall not apply.
- In the event of a minor defect, the Buyer may not withdraw from the Agreement.
- The Seller may refuse to satisfy the demand for repairing the Goods or replacing them with a new one, if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Buyer or would require excessive costs compared to the other possible method of bringing it into compliance with the agreement.
- If the Buyer is an entrepreneur, the Seller may refuse to replace the defective item with a non-defective one or to remove the defect also when the costs of compensating this obligation exceed the price of the sold item.
- Complaints regarding the Goods may be submitted: in writing to the address of the Seller's seat, by phone, e-mail or in person at the Seller's seat.
- The Seller shall inform the Buyer about the method of considering the complaint within 14 days from the date of receipt of the complaint in writing (the date of postage is important), as well as in the form of an e-mail.
- The Seller shall not be liable for defects in the goods sold if the defect is found after two years from the delivery of the goods to the Buyer. The Buyer's claims shall expire after one year. If the Buyer is a Consumer, the limitation period may not end before the expiry of two years from the delivery of the item.
The risk of loss or damage to the Goods passes to the Consumer when he or a third party designated by him, other than the carrier, acquires physical possession of the Goods. However, the risk passes to the Buyer upon delivery of the goods to the carrier, if the Buyer commissioned this carrier to transport them, and the Seller did not offer such an option.
In the event of non-performance of the Agreement by the Seller, the Seller is obliged to repair the damage resulting from this fact under the terms of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
- The Seller does not provide a guarantee for the Goods sold, unless he declares otherwise in relation to a specific Good.
- Information on the fact that a given Good is covered by the warranty of a given manufacturer can be found in the description of the Good.
- If the Buyer is not a Consumer, the Seller reserves the right not to be liable for damages resulting from failure to meet the delivery date or failure to deliver the product. In particular, it is not responsible for interruptions in production, loss of profit or indirect losses resulting from failure to deliver the appropriate goods within a given period, or the delivery of goods that turned out to be defective and therefore required a complaint. The resulting damage cannot be the basis for claims against the Seller.
- In the case specified in sec. 1 above, the Parties agree that they are not bound by the provisions of Art. 66.1 par. 1-3 of the Civil Code.
WITHDRAWAL FROM THE CONTRACT
- The Buyer, who is a Consumer, may withdraw from the Goods purchased in the Store without giving any reason, within 14 days from the date of receipt of the parcel (Right of withdrawal). The Buyer will not be able to exercise this right if the Goods show signs of wear to a greater extent than resulting from normal use, which means in particular violation of the seals on the Goods.
- The right to withdraw from the contract does not apply in the following cases:
- a contract the subject of which is non-prefabricated Goods, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
- a contract in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- for a contract the subject of which is Goods that deteriorate quickly or have a short shelf-life;
- a contract the subject of which is the Goods which after delivery, due to their nature, remain inseparably connected with other things;
- In order to exercise the right to withdraw from the Agreement, the Buyer shall inform the Seller about the withdrawal by an unequivocal statement in writing or by e-mail before the deadline for withdrawal, and then at his own expense, he will send back the Goods without undue delay, at the latest within 14 days from the day The Buyer informed the Seller about his withdrawal.
- The Buyer may submit a declaration of withdrawal and send it to the address firstname.lastname@example.org
- In the event of effective withdrawal from the Agreement, the Seller shall return to the Buyer all payments received from him within 14 days of receipt of the Goods, including delivery costs (except for the additional costs of a non-standard method of delivery of the Goods chosen by the Buyer and the cost of returning the Goods to the Seller). The payment will be returned using the same method that the Buyer made the payment.
- The Seller shall not bear the costs of returning the Goods if the Buyer exercises the Right to Withdraw from the Agreement, which means that in this case the Buyer bears the direct costs of returning the Goods to the Seller.
PERSONAL DATA PROTECTION
- The Seller is the administrator of personal data obtained from the Buyer in the Goods ordering procedure.
- In the course of the Goods ordering procedure, the Buyer voluntarily provides his personal data to the extent required by the Seller.
- The personal data obtained by the Seller are collected and processed solely for the purpose of implementing the contract concluded with the Buyer, in accordance with the Personal Data Protection Act, subject to point 6.
- At any time, the Buyer may oblige the Seller, by sending an appropriate inquiry, including e-mail, to provide information about the status of personal data being processed regarding his person.
- The Buyer also has the right to request the deletion, supplementation or modification of personal data processed by the Seller.
- The Seller reserves the right to short-term technical breaks in access to the Store, caused by maintenance or updating of data on the server.
- The Seller does not provide any additional services related to the servicing of the Goods, apart from the services specified in the Regulations.
- In the event of a dispute arising out of the performance of the Agreement, the Parties are advised to try to resolve it amicably.
- The Regulations enter into force on 01/01/2019.
- The regulations may be changed at any time. Information about the content of changes to the Regulations is immediately posted on the Store's website.
- The changes are effective from the date of their publication on the Store's website and are not retroactive.
- In the case of Sales Agreements provided by the Store, amendments to the Regulations will not infringe the rights of Consumers that they acquired before the effective date of amendments to the Regulations. Amendments to the Regulations will not, in particular, affect the orders already placed, as well as concluded, implemented and performed Agreements.