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  • info@falconwheels.pl
  • 11-001 Dywity Różnowo 324

STORE REGULATIONS

  1. General provisions
    • The online store operating at: www.falconwheels.pl is run by Falcon Sebastian Żelazowski with its registered office in Różnowo 324; 11-001 Dywity, NIP 739-202-65-11, REGON 280572771, tel.: +48 502-392-488, e-mail: info@falconwheels.pl
    • Using the online store is possible provided that the IT system used by the User meets the following minimum technical requirements:
    • Internet browser:
    • It should be updated to the latest version (IE, Firefox, Chrome, Safari),
    • It should have ActiveX, JavaScript and cookies enabled.
    • Minimum screen resolution: 1024×768 pixels.
    • To use the Online Store, an Internet connection is required.
  2. Definitions
    • Regulations – this document, together with its annexes. It specifies the rules for using the online store, concluding distance contracts, their performance, and the rules for handling complaints. In the scope of services provided electronically, the Regulations and their annexes are, respectively, the regulations referred to in Article 8 of the Act on the provision of services by electronic means.
    • User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which concludes a distance contract with the Seller. When the User is not a natural person, it is presumed that he is represented by a representative authorized to represent him in light of the provisions of the law.
    • Consumer – consumer within the meaning of Article 22, index 1, of the Civil Code.
    • Online Store (Service, Website) – online service run by the Seller at the electronic address: www.falconwheels.pl
    • Distance selling agreement – ​​a contract for the sale of goods/provision of services concluded via an online store.
    • Goods – a movable item that the User can purchase in the online store. The Seller declares that the goods sold by him are new (except for some outlet offers), free from physical and legal defects. All goods have been legally introduced to the Polish market.
    • Prices – all prices given in the online store are given in Polish currency (PLN) and are gross prices (i.e. they include all taxes and stamp duties). The binding price is the price at which the User ordered the goods in the order. The given prices of goods do not include delivery costs, which depend on the method of its execution. In some cases, fees resulting from the selected payment method may be added to the price, about which the User will be informed before finalizing the order.
    • Seller – the entity running the online store indicated in § 1 section 1 of these Regulations.
    • Content – ​​all information, data, elements, materials, algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos of Goods originating from the Seller, regardless of their nature, format and method of recording or processing.
    • Privacy Policy – ​​a document specifying detailed rules for the processing of personal data and the use of cookies. It constitutes an annex to the Regulations and is available on the website of the Online Store.
    • Shopping without registration – a service for Users enabling the purchase of Goods without the need to register in the online store.
  3. Types and scope of services provided electronically
    • Concluding online sales contracts – in the scope of goods sold in the online store.
    • Forwarding email messages.
    • Sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution and its progress.
    • Fulfillment of orders, course of handling complaints
  4. Purchase documentation
    • The seller issues a VAT invoice
    • In the event of the Consumer withdrawing from the Distance Selling Agreement or if the complaint is accepted, after receiving the goods the Seller will issue a correction invoice together with a request for its confirmation.
    • If the corrective invoice is not confirmed within 5 days from the date of receipt of the first message, the User will receive a message asking for confirmation of the corrective invoice.
  5. Orders
    • The content, including product descriptions and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
    • The user places an order in order to make an offer to purchase goods.
    • The order is placed by filling out the form available on the online store website and clicking the "Buy and pay" button.
    • The User guarantees that the data he provides when placing the order is true.
    • The order specifies, among other things, what goods, at what price and in what quantities the User orders to the delivery address indicated by him/her.
    • After receiving the order, the Seller will send information about the acceptance of the order to the User's e-mail address. At the moment the User accepts the Seller's declaration of acceptance of the order, a Distance Sale Agreement is concluded between the parties.
  6. Prices and Payments
    • No later than immediately before placing the order, the Seller shall inform the User about the final total price of the goods and any additional fees, including shipping costs, payment costs, etc.
    • The Seller informs the User about the available payment methods, and if a given payment method involves an additional fee, the Seller informs the User about this at the latest immediately before placing the order.
    • The Seller informs the User about the payment deadline via the IT system.
    • The User pays for the ordered goods in the manner selected when placing the order.
    • The following payment options are available:
    • By instant transfer or payment card - payment handled by PayU
    • The operator of the payments specified in § 7 section 5 points c and d is the PayU platform, owned by PayU S.A. with its registered office in Poznań (60-166 Poznań) at ul. Grunwaldzka 186, entered into the register of entrepreneurs maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under number 0000274399, with the share capital of PLN 4,944,000, NIP 779-23-08-495, REGON 300523444.
  7. Order fulfillment and delivery method
    • The user is informed about the methods and dates of delivery via the order form or electronically.
    • If there are additional delivery costs, the User will be informed about this in the manner described in § 8 section 1.
    • The User is informed about restrictions regarding the delivery of goods at the beginning of placing the order.
    • Possible delivery methods:
    • Delivery by courier and personal collection at the company's headquarters.
    • In case of choosing the form of payment specified in § 7 section 5 point 2, the User is obliged to make the payment within 5 business days from the date of conclusion of the sales agreement.
    • In the event of failure to make payment within the time specified in § 8 sec. 5, the Seller may withdraw from the Sales Agreement. In such a case, the Seller shall deliver to the User by e-mail to the e-mail address provided by the User a declaration of intent to withdraw. The Sales Agreement shall be deemed not to have been concluded and the order shall be deemed to have been canceled. The User and the Seller shall not be obliged to provide any services to each other, in particular to pay compensation or its substitute, reimbursement of costs, etc.
    • In the event that the Seller fails to fulfill the obligation within the time specified in the message to the Consumer, the Consumer may withdraw from the Distance Sale Agreement. Withdrawal from the agreement is made by submitting a declaration of intent to the Seller on withdrawal.
  8. Withdrawal from the contract and its consequences
    • The right to withdraw from the contract without giving reasons applies to the User who is a Consumer.
    • The consumer retains the right to withdraw from the distance contract within 14 days. The user does not bear any costs except for the costs indicated below, provided that the necessity to bear them was announced during the ordering process.
    • If the User submitted a declaration of withdrawal before the Seller accepted his offer, it ceases to be binding.
    • The deadline for withdrawing from the contract for the sale of goods begins on the day on which the User or a person indicated by him other than the carrier came into possession of the goods.
    • In order to exercise the right of withdrawal, the Consumer should submit a declaration to the Seller in this respect. To meet the deadline, it is sufficient to send the declaration before it expires. Withdrawal from the contract may be submitted by the Consumer in any manner
    • The Seller shall immediately confirm to the Consumer the receipt of the declaration of withdrawal from the contract. Confirmation shall be in writing.
    • The right to withdraw from the contract does not apply to the Consumer in relation to contracts listed in Article 38 of the Consumer Rights Act, including:
    • Where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
    • The subject of which is an item that spoils quickly or has a short shelf life.
    • The Seller shall return to the Consumer, within 14 days from the date of receipt of the declaration of withdrawal from the contract, all payments made by him, including the costs of delivery of the Goods. Additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery available in the Online Store are not subject to refund.
    • The Seller shall refund the payment using the same method of payment that was used by the Consumer, unless the Consumer expressly agrees to another method of refund that does not involve any costs for the Consumer.
    • The consumer is liable for the reduction in the value of the goods resulting from the use of the goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product. Exceeding the above limits does not exclude the possibility of withdrawal from the contract.
    • The consumer shall return the item to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before it expires.
    • The consumer returns the goods by sending them to the seller's address.
    • The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are received back.
    • The Consumer shall bear the costs of returning the Goods (including the cost of delivering them to the Seller) and shall be liable for any reduction in their value resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.
  9. Purchase without registration
    • To make a purchase without registration you must:
    • Acceptance of the Regulations.
    • Providing the data necessary to complete the order (i.e. e-mail address, telephone number, address for shipping the goods, name and surname, and in the case of the purchase of the goods by an entrepreneur, also the name of the business and tax identification number).
  10. Liability for product defects and complaints
    • Goods offered in the online store may be covered by a manufacturer's, seller's or distributor's warranty. The warranty period and terms are indicated on the product card or in the description of a given product on the online store's website.
    • Before accepting the shipment, please check whether the packaging has not been damaged during transport.
    • If you discover any damage to the shipment packaging, do not accept the shipment or draw up a damage report in the presence of an employee of the courier company delivering the ordered goods and contact the Seller as soon as possible to clarify the matter.
    • The seller is liable under the warranty if the product has a physical or legal defect.
    • In the case of a sale that is not a consumer sale, the warranty provisions contained in the Civil Code are excluded.
    • The Seller delivers goods free from defects and, in relation to Consumers, is liable for their defects under the principles regulated in Article 556 of the Civil Code (warranty for defects).
    • If the User is not a Consumer:
    • The Seller's liability under the warranty for physical defects of the goods is excluded.
    • The Seller's liability covers only actual damage.
    • Odpowiedzialność Sprzedawcy ograniczona jest do wartości zamówienia.
    • The Seller is not responsible for the actions and omissions of third parties, including courier companies, internet services, etc.,
    • A Customer who is not a Consumer is obliged to examine the Goods within 5 working days from the date of receipt in order to verify the compliance of the Goods with the sales agreement (i.e. completeness of the order and quality of the delivered Goods) and to report any reservations to the Seller within this period, under penalty of losing the right to invoke them in the future.
    • The Seller is liable under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the goods to the User.
    • The benefits and burdens, including the risk of accidental loss or damage to the goods, are transferred to the User who is not a Consumer, at the moment the Seller entrusts the goods to a carrier (courier) engaged in the transport of such goods for the purpose of delivering them to the User.
    • In the case specified in § 11 section 10, the Seller shall not be liable for the action or omission of the carrier, in particular for the loss, shortage or damage of the Goods arising from the moment of its acceptance for transport until its delivery to the User who is not a Consumer. The Seller shall not then be liable for any delay in shipment.
  11. Complaints
    • Any complaints regarding the functioning of the Online Store and contracts concluded via it may be submitted by e-mail or in writing to the address given in § 1 section 1.
    • When submitting a complaint, please describe the defect and specify your request.
    • Warranty claims must be accompanied by proof of purchase (invoice, account statement, postal order confirmation, etc.).
    • It is recommended that a return notification be submitted before sending the parcel with the returned Goods.
    • The User exercising warranty rights is obliged (at the Seller's expense) to deliver the defective goods to the Seller's address.
    • If it is necessary to supplement the data or information provided in the complaint, the Seller will immediately ask the User to supplement it to the indicated extent, also indicating the form of providing the supplements.
    • The Seller shall consider warranty complaints within 14 days from the date of delivery of the statement containing the User’s request.
    • The deadline contained in § 11 section 7 does not apply to complaints in which the User wishes to withdraw from the contract.
    • The Seller shall inform the User about the result of the complaint consideration by e-mail or in writing, depending on the method of filing the complaint.
  12. Prohibited Activities
    • Any actions of the User that are contrary to generally applicable law or not expressly permitted by the Regulations are prohibited, in particular:
    • Which would hinder the Seller's work or make it impossible, or which would hinder access to the Online Store or its contents.
    • Use of viruses, bots, worms or other computer code.
    • Taking other actions that are detrimental to the Seller, other Users or that threaten their rights or interests.
  13. Personal data
    • The process of processing personal data, including information about their Administrator, the purposes of processing, the rights of data subjects are described in the Privacy Policy and the Information Clause constituting annexes to these Regulations.
  14. Final provisions
    • These Regulations are effective from 10 December 2020 until they are revoked or amended.
    • The Seller reserves the right to make changes to the Regulations at any time, in particular when this is required by the introduction of new functionalities of the online store or adaptation to changes in legal regulations.
    • Users will be informed about changes to the Regulations by publishing them on the online store's website.
    • If any provision of these Regulations is found to be invalid or changed by a decision of an authority or court, the remaining provisions shall remain in force.
    • The online store is subject to the jurisdiction of Polish law, which is applicable to the resolution of any disputes related to the Regulations.
    • A User who is a Consumer may use out-of-court methods of handling complaints and pursuing claims. These include: in the event of a dispute regarding property rights arising from sales and service agreements, filing a motion for the case to be considered by the Permanent Consumer Arbitration Court operating at the relevant Provincial Trade Inspectorate; filing a motion with the Provincial Trade Inspector to take steps to resolve the dispute out-of-court on the basis of the Act of 23 September 2016 on out-of-court resolution of consumer disputes Journal of Laws of 2016, item 1823. Regardless of the above, the Consumer may seek assistance from the municipal (district) consumer ombudsman. All necessary information on out-of-court methods of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. Jednocześnie informujemy, że wskazane postępowania mają charakter dobrowolny i obie strony muszą wyrazić na nie zgodę.
    • In the case of Users who are not Consumers, the court with jurisdiction over the Seller's registered office shall have jurisdiction.
    • Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that at http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is a website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
    • The Seller informs that the use of services provided electronically via the Internet is associated with risk. The basic threat to every Internet user, including people using services provided electronically, is the possibility of "infecting" the IT system with various types of software created primarily to cause damage, such as viruses, "worms" or "Trojan horses". In order to avoid the risks associated with this, it is important for the Service Recipient to equip their equipment, which they use to connect to the Internet, with an antivirus program and to constantly update it by installing its latest versions. At the same time, the Seller informs that they enter the following data, which are not part of the content of the service provided electronically, into the IT system used by the Service Recipient:
    • Cookies
    • The Online Store sends the buyer e-mails in which it confirms receipt of the order, any receipt of payment, acceptance of the order for fulfillment and the progress of order fulfillment.
    • Product descriptions and photos come from manufacturer databases, own resources and publicly available marketing materials.
    • Any commercial use of product information from the Online Store websites is prohibited.
    • The information contained on the websites is merely an invitation to conclude a contract within the meaning of the Civil Code.
    • In matters not regulated by these regulations, the provisions of applicable law shall apply, including the provisions of the Civil Code.

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