you will find here the terms and conditions, which contain information m.in. about how to place an order leading to the conclusion of the contract, details of the performance of the concluded contract, forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.
So much for the introduction word, now it's time for paperwork. To begin with, our full registration data as a store administrator, retailer and service provider:
Treffler Transport - Luke Treffler
TAX ID: PL5932303279.
If you have any comments, questions, concerns, we are at your disposal at firstname.lastname@example.org.
We greet and wish you a successful purchaseonline store team E-trucker
§ 1 Definitions
1. For the purposes of these Regulations, the following terms shall be adopted:
- Buyer – a natural person, a legal person or a infert person,
- Consumer – a natural person concluding a sales contract with the Seller not directly related to his business or professional activity,
- Terms and Conditions – these terms and conditions, available https://e-trucker.eu/en/content/2-regulamin,
- Shop – an online store operating at https://e-trucker.eu,
- Seller – Treffler Transport - Łukasz Treffler, Sadowa 2A/6 83-110 Tczew, NIP: PL593230327.
§ 2 Preliminary provisions
1. Through the Store, the Seller conducts retail sales, while providing electronic services to the Buyers. Through the Store, the Buyer may purchase the products shown on the Store's website.
2. The Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and Buyers.
3. In order to use the Store, including in particular to make a purchase in the Store, it is not necessary for the Buyer's computer or other device to comply with special technical conditions. Sufficient are:
- Internet access
- standard operating system,
- Standard web browser
- have an active email address.
4. The Buyer may not make a purchase in the Store anonymously or under a pseudonym.
5. It is prohibited when using the Store to provide content of an unlawful nature, in particular by sending such content through forms available in the Store.
6. All product prices listed on the Store's website are gross prices.
§ 3 Electronically supplied services
1. Through the Store, the Seller provides services to the Buyer by electronic means.
2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. You can place an order without having an account with the Store.
3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an electronic service consisting in creating and maintaining an account in the Store. The Account stores the Buyer's data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his/her e-mail address and password.
4. Creating an account in the Store is done by filling in a stand-alone account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by submitting a request to the Seller. Deleting the account will not delete the information about the placed orders using the account, which the Seller will store until the expiry of the limitation of claims from the contract concluded through the Store / for the entire duration of the operation of the Store, unless the Buyer has previously objected to the storage of this information and the Seller has no overriding interest in their storage.
5. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with a service by electronic means consisting in sending the Buyer e-mails containing information about news, promotions, products or services of the Seller. Registration for the newsletter is done by filling in and submitting the sign-up form to the newsletter or by ticking the appropriate checkbox during the ordering process. The Buyer may at any time unsubscribe from the newsletter by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending a request to the Seller.
6. The services are provided electronically to the Buyer free of charge. On the other hand, sales contracts, contracts for the supply of digital content and contracts for participation in stationary training and contracts for consultation concluded through the Store are payable.
7. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
8. The Seller takes steps to ensure the fully proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
9. Any complaints related to the functioning of the Store, the Buyer may submit by e-mail to the e-mail address email@example.com. In the complaint, the Buyer should specify the type and date of the occurrence of irregularities related to the functioning of the Store. The Seller will process any complaints within 30 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the complainant.
§ 4 Placing an order
1. The buyer may place an order either as a registered customer or as a guest.
2. The registered customer is the Buyer who has an account in the Store. The Buyer may create an account by filling in a self-contained account registration form available in the Store.
3. If the Buyer has an account in the Store, he should log in to the Store before placing an order. Logging in is also possible during the order process by clicking on the link available as part of the displayed message.
4. Placing an order is done by filling in the order form after the products, digital content or services have been added to the shopping cart. In the form it is necessary to provide the data necessary for the execution of the order. At the ordering stage, you also choose how to deliver the ordered products and choose the payment method for your order. The condition for placing an order is acceptance of the Terms and Conditions, which the Buyer should first familiarize himself with. In case of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.
5. The order process completes by clicking on the checkout button. Clicking on the button completing the order constitutes a statement of the Buyer's will leading to the conclusion of a sales contract with the Seller,
6. If the Buyer has selected an online payment (Pay Pal) when placing the order, when clicking on the checkout button, the order will be redirected to the payment gateway operated by the third party payment provider to make the payment for the order. If the Buyer has selected payment by bank transfer, after clicking on the button completing the order will be redirected to the store page with the order confirmation and the instructions for payment. Payment for the order should take place within 7 days of the conclusion of the contract.
7. On the order form, the Buyer must provide true personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in the event that the Buyer has provided incorrect data or where such data raises reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by telephone or e-mail of the Seller's doubts. In such a situation, the Buyer has the right to clarify all circumstances related to the verification of the veracity of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer has taken contact.
8. The Buyer declares that all the data provided by him in the order form is true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph 7 above.
§ 5 Delivery and payment
1. Available for selection of delivery method of the order are described on the Store's website and presented to the Buyer at the stage of placing the order. The cost of delivery of the order shall be borne by the Buyer, unless the Seller indicates otherwise on the Store's website. The Seller has the right to decide on the division of the order into several separate shipments at no additional cost by the Buyer.
2. The available payment methods for the order are described on the Store's website and presented to the Buyer at the stage of placing the order.
3. Electronic payments, including card payments, are handled by Pay Pal.
4. If the Buyer has asked for an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided on the order form.
§ 6 Execution of the order
1. Execution of an order involving physical products consists in completing the ordered products, packing them for delivery to the Buyer and placing the shipment to the Buyer in accordance with the form of delivery chosen by the Buyer.
2. The order shall be deemed to have been executed upon delivery to the Buyer (entrusting the shipment to the carrier ing the carriage).
3. The lead time is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days, unless the product description clearly indicates a longer period of time by the Seller. In such a situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description.
4. If the Buyer has ordered products with the indicated different lead times, the deadline binding on the Seller for the execution of the entire order is the longest of all products included in the order, the Seller may propose to divide the order into several independent shipments, the objectives of accelerating the lead time for parts of the products.
§ 7 Withdrawal from the Consumer's contract
1. The Consumer, who has concluded a distance contract with the Seller, has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased goods.
2. From 01.06.2020, the right to withdraw from the contract under the conditions described in this paragraph and under the Consumer Rights Act shall also be vested in a natural person concluding a contract with the Seller directly related to his business activity, where it is apparent from the content of this agreement that he does not have for that person a professional character, arising in particular from the subject matter of his business activity, made available under the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the consumer's rights, as from 01.06.2020, these rights also apply to a person meeting the above criteria.
3. The right of withdrawal shall not be vested in respect of the contract:
- for the provision of services if the trader has fully performed the service with the express consent of the consumer, who was informed before the start of the service that he will lose his right of withdrawal once the service has been performed by the trader;
- in which the object of the supply is a non-prefabricated item, manufactured to the consumer's specifications or to meet his individual needs;
- where the consumer has expressly requested that the trader come to him for urgent repair or maintenance; where the trader provides additional services other than those requested by the consumer or supplies goods other than spare parts necessary for the performance of repair or maintenance, the consumer shall have the right of withdrawal in respect of additional services or goods.
4. In order to withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal declaration - for example, a letter sent by post, fax or e-mail.
5. The Consumer may use the model withdrawal form available at https://e-trucker.eu/doc/Complaint Form.pdf but this is not mandatory.
6. In order to keep the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of the Consumer's right of withdrawal before the expiry of the withdrawal period.
7. The Consumer is obliged to return the product to the Seller or to transfer it to a person authorized by the Seller for collection immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to pick up the thing himself. In order to meet the time limit, it is sufficient to return the product before its expiry
8. The consumer shall bear the direct costs of returning the goods.
9. In the event of withdrawal from the contract, the Seller shall reimburse the Consumer for all payments received from the Consumer, including the cheapest available in the Store, the cost of delivery of the products (if the cost was covered by the Consumer) immediately, and in any case no later than 14 days from the date on which the Seller was informed of the exercise of the right of withdrawal. The refund of payments will be made using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution. In any case, the Consumer will not indue any fees in connection with the form of refund.
10. If the Seller has not offered to collect the goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until the goods are received back or the Consumer has provided proof of its return, which is which occurs first.
11. The consumer is responsible for the reduction in the value of the product resulting from the use of the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
§ 8 Liability for defects
1. The Seller is obliged to provide the Buyer with a product free from defects.
2. The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
3. If the product sold has a defect, the Buyer may:
- require the replacement of the product with a defect-free product,
- request the removal of the defect,
- make a price reduction declaration,
- make a declaration of withdrawal from the contract.
4. If the Buyer finds a defect in the product, he should inform the Seller, at the same time specifying his claim related to the defect found or making a statement of the relevant content.
5. The Buyer may use the complaint form available at https://e-trucker.eu/doc/Complaint Form.pdf, but this is not mandatory.
6. The Buyer may contact the Seller both by post and by e-mail.
7. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him by such means of communication, using which the complaint was made.
8. Details of the Seller's warranty for defects are governed by the provisions of the Civil Code (Art. 556 – 576).
9, 2014, in New As of 01.06.2020, the provisions on the Seller's warranty for defects of the sold item concerning Consumers also apply to a natural person entering into a contract with the Seller directly related to his business activity, where it is apparent from the content of this agreement that he does not have for that person a professional character, resulting in particular from the subject of his business activities, made available under the provisions on the Central Register and Information on Economic Activity.
§ 9 Damage to the shipment at the time of delivery
If damage is found during transport, a damage report must be drawn up in the presence of the courier and photographic documentation of the damage and packaging of the shipment must be made.
The damage report shall be drawn up at the time of delivery or no later than 7 days after the date of acceptance of the consignment in the event of damage and defects which cannot be seen from the outside, as found after acceptance of the consignment.
The dpd delivery damage report can be written down during delivery or by ordering a courier to write down the protocol via the DPD website by contacting the complaint department – 22 577 55 00.
The damage report on delivery by Polish Post can be written down during delivery or at any post office.
Scan of the damage protocol, together with photographic documentation, must be sent to firstname.lastname@example.org. On this basis, we ship damaged goods without the courier company having to acknowledge the damage.
§ 10 Personal data and cookies
1. The Administrator of the Buyer's personal data is the Seller.
2. The Buyer's personal data are processed for the following purposes and on the following legal grounds:
- conclusion and performance of the contract - article 6(1)(a) of the GDPR.b
- the performance of tax and accounting obligations - 6(1)(a) and (b.c GDPR,
- defending, pursuing or establishing claims related to the contract, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the GDPR,
- identification of the returning customer, which is a legitimate interest pursued by the Seller - article 6(1)(f) of the GDPR,
- handling inquiries addressed by Buyers not yet leading to the conclusion of the contract, which is a legitimate interest pursued by the Seller – Art. 6 para. 1 lit. f GDPR,
- sending the newsletter, after the consent previously expressed - article 6(1)(a) of the GDPR.
3. The recipients of the Buyer's personal data are: courier companies, tax offices, accounting office, law firm, web host, invoicing system provider, CRM system provider, mailing system provider.
4. Due to the use of the MailChimp mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The MailChimp system provider guarantees an adequate level of protection of personal data through appropriate compliance mechanisms (Privacy Shield).
5. The Buyer's personal data is stored in the Seller's database at all times of the business in order to ensure the possibility of identifying the returning customer, which, however, the Buyer may object by requesting the deletion of his data from the Seller's database. If such an objection is filed before the expiry of the limitation period for claims from the concluded contract, the Seller will have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting records containing the Buyer's personal data shall be kept for the period required by law. data
6. The Buyer's rights in the processing of personal data: the right to request from the Seller access to personal data, rectification, erasure, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint with the President of the Office for Personal Data Protection.
7. Providing personal data by the Buyer is voluntary, but it is necessary to contact the Seller, create a user account, enter into a contract or subscribe to the newsletter.
§ 11 Intellectual property rights
1. The Seller hereby instructs the Buyer that the content available on the Store's website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights to which the Seller has copyright.
2. The Seller hereby instructs the Buyer that the further distribution of copyrighted content by the Buyer without the Seller's consent, with the exception of the use of the content in the framework of fair personal use, constitutes a violation of the Seller's copyright rights and may result in civil or criminal liability.
§ 12 Out-of-court complaint handling and redress
1. The Seller agrees to submit any disputes arising in connection with the sale of goods through mediation proceedings. Details will be determined by the parties to the conflict.
2. The consumer has the opportunity to use out-of-court means of dealing with complaints and redress. Among other things, the Consumer has the opportunity to:
- to apply to the consumer court on a permanent amicable basis to settle the dispute resulting from the contract of sale concluded,
- request the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable conclusion of the dispute between the Buyer and the Seller,
- the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory task is to protect consumers.
3. More detailed information about out-of-court complaint handling and redress, the Consumer may search the website for http://polubowne.uokik.gov.pl.
4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The Platform is used to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising out of an online sales or service contract.
§ 13 Final provisions
1. The Seller reserves the right to enter into and revoke offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of the contracts concluded before the change.
2. The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment of the Regulations. Buyers who have a registered user account will be informed of any change to the Terms and Conditions by sending an e-mail to the email address assigned to the user account. If you do not accept the new Terms and Conditions, you may delete your user account free of charge.
3. Any disputes related to contracts concluded through the Store will be dealt with by Polish court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers for whom jurisdiction is dealt with on a general basis. From 01.06.2020 nor does that provision apply to a natural person entering into a contract with the Seller directly related to his economic activity, where it is apparent from the content of that contract that he does not have a professional character for that person, arising in particular from the subject matter of his economic activity, made available under the provisions on the Central Register and Information on Economic Activity - in the case of such a person, the jurisdiction of the court is examined on a general basis.
4. These Terms and Conditions shall apply from 10.02.2020.
5. All current and archival versions of the Regulations are available to download in .pdf format – links can be found below the Regulations.
- Regulations until 09.02.2020
- Regulations from 10.02.2020