TERMS AND CONDITIONS OF THE ONLINE STORE
1. The owner and operator of the online store via the website https://netrack.store/en/ (hereinafter referred to as the "Online Store" or "Store") is Dystrybucja Pro Sp. z o. o. with its registered office in Cholerzyn, address: Cholerzyn 467, 32-060 Cholerzyn, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number 0000321673, NIP: 6762389956, REGON: 120836033.
2. These Regulations are addressed to all Customers and define the rules for registering and using an Individual Account, selling the Seller's products via the Online Store and specify the rules and conditions for the provision of free electronic services.
3. The customer can contact the Online Store at the e-mail address: [email protected] or by phone from Monday to Friday from 8:00 a.m. to 4:00 p.m. at the telephone number: +48 501 216 196 or + 48 12 34 14 119. For messages received on Saturdays, Sundays and holidays, the customer will receive a reply on the next business day during the hotline's working hours.
4. The administrator of Customers' personal data is Dystrybucja Pro Sp. z o. o. with its registered office in Cholerzyn, address: Cholerzyn 467, 32-060 Cholerzyn, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number 0000321673, NIP: 6762389956, REGON: 120836033.
§ 1 Definitions
Client – an entity that is a user of the Store's website, for which services may be provided via the Online Store in accordance with the Regulations and the law.
Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended).
Consumer – means a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
Individual account – a panel assigned individually to the Customer after registration of data in the Online Store system, marked with the e-mail address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Statute - means these regulations.
Online shop – it should be understood as a website available at https://netrack.store/en/
Seller or Company - Dystrybucja Pro Sp. z o. o. with its registered office in Cholerzyn, address: Cholerzyn 467, 32-060 Cholerzyn, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number 0000321673, NIP: 6762389956, REGON: 120836033.
Commodity - means a product presented each time by the Seller as part of the Online Store, for the purpose of its sale.
Contact details – the following data by means of which the Customer can contact the Online Store: e-mail address: [email protected] or by phone from Monday to Friday from 8:00 a.m. to 4:00 p.m. at the telephone number: + 48 501 216 196 or + 48 12 34 14 119.
Sales agreement – a contract for the sale of Goods concluded between the Seller and the Customer, the terms of which are set out in particular in these Regulations. The Sales Agreement is concluded using means of distance communication, after the Seller has accepted the Order on the terms set out in these Regulations.
Newsletter - it should be understood as an information bulletin regarding new products and promotions in the Online Store, to which the Customer has agreed to subscribe by providing his e-mail address in the "Receive information about promotions and sales" field or by selecting the "Subscribe to the newsletter" option when completing the data when placing an order in the Online Store;
§ 2 General provisions and rules for using the Store
1. Access to the Regulations can be obtained by each Customer at any time through the link "Store Regulations" placed on the Online Store website.
2. Information about the Goods posted in the Online Store, such as photos, descriptions, prices, constitute an invitation to conclude a sales contract within the meaning of art. 71 of the Civil Code, in accordance with the terms of the Regulations.
3. Photos and descriptions of the offered products are used to present the specific models of the Goods indicated on them.
4. The minimum technical requirements, the fulfillment of which is necessary to cooperate with the ICT system used by the Seller, including the conclusion of the Sales Agreement and the provision of other electronic services, are: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail and a valid e-mail address; (3) web browser: Mozilla Firefox min. 17.0 or Internet Explorer version min. 10.0, Opera version min. 12.0, Google Chrome version min. 23.0., Safari version min. 5.0; (4) The recommended minimum screen resolution is 1024x768 .
5. It is not allowed:
a. using the Online Store to conduct activities that would violate the interests of the owner of the Online Store, in a manner contrary to the law, morality or infringing the personal rights of third parties,
b. delivering unlawful content to the Store,
c. using the Store in a way that interferes with its functioning or taking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;
d. placing unsolicited commercial information in the Store, and
e. using the content posted on the Store's website for purposes other than personal use.
§ 3 Rules for placing an Order and concluding a Sales Agreement
1. The Seller enables the conclusion of contracts for the sale of Goods via the Internet and provides other services provided for in these Regulations.
2. In order to register an Individual Account and to conclude a Sales Agreement via the Store's website, it is necessary for the Customer to have an active e-mail account.
3. Creating an Individual Account is necessary to place an order in the Online Store.
4. The customer may place orders in the Online Store via the Store's website 7 days a week, 24 hours a day.
5. In order to place an order, it is necessary to select the Goods in the Store, in particular in terms of their models, quantities and sizes. Each of the Goods should be added to the "Basket" using the "Add to Cart" option. Selecting each of the Goods will take you to the "Basket". To continue the selection of Goods, use the "Continue shopping" option. After completing the entire order, go to the "Basket" and continue the ordering procedure. When completing the order, the Customer logs in to the Individual Account and completes the order by completing his personal data and delivery address in the appropriate fields. In the next steps, the Customer has the option of choosing the method of delivery of the Goods and the method of payment and is informed about the total price for the selected Good and its delivery, as well as about all additional costs that he is obliged to incur in connection with the order.
6. Next, the Customer places an order by selecting the "Order with the obligation to pay" option.
8. The information provided by the Customer when placing the order should be truthful, up-to-date and accurate. The Seller reserves the right to refuse to process the order if the data provided is so inaccurate that it prevents the execution of the order, in particular the correct delivery of the ordered Goods. Before refusing to process the order, the Seller will attempt to contact the Customer in order to determine the necessary data.
9. Until the selection of Goods is confirmed with the "Order with obligation to pay" button, the Customer has the option of making changes and modifications to the Goods in the order, as well as contact details for shipping or invoice. Until the payment is made, the Customer may stop placing the order by not continuing the next steps. In such a situation, the Customer's order will not be processed.
10. Placing an order by the Customer constitutes the Customer's offer submitted to the Seller to conclude a contract for the sale of Goods within the meaning of the provisions of the Civil Code.
11. After placing the order, the Seller sends an order confirmation to the e-mail address provided by the Customer. Then, the Seller sends information about the acceptance of the order for execution to the e-mail address provided by the Customer.
12. The conclusion of the Goods Sale Agreement between the Seller and the Customer takes place when the Customer receives information about the acceptance of the order referred to in paragraph 11. This information contains confirmation of the terms of the Sales Agreement concluded on the basis of the Regulations.
§ 4 Creating an Individual Account
1. In order to create an Individual Account, the Customer is obliged to register his data free of charge in the Store's database. Data registration is done by completing the registration form available in the Registration tab, to which the Customer will be redirected when finalizing the order. Completing the form requires providing the following data: name, surname, optionally company, registered office address and NIP number, e-mail address, telephone number, delivery address, optionally date of birth and setting an individual password for the Customer.
3. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, confirmation of registration of the Individual Account in the Store by the Seller. At this moment, an agreement for the provision of the Individual Account service by electronic means is concluded, and the Customer gains access to the Individual Account and changes his data provided at the time of registration.
§ 5 Delivery
1. The goods are delivered to the address indicated by the Customer in the order within the territory of the Republic of Poland and outside the territory of the Republic of Poland after making a prepayment to the bank account number provided in these Regulations.
2. Within the territory of the Republic of Poland, goods are delivered via the DPD courier company. Outside the territory of the Republic of Poland, orders are delivered via the UPS courier company. Fees for the delivery of Goods are provided as part of the order form.
3. On the day of sending the Goods to the Customer, the Seller sends information about sending the shipment to the Customer's e-mail address.
4. Goods are delivered within 2 business days. If the delivery date is specified in working days, it should be understood as all days from Monday to Friday inclusive, with the exception of public holidays.
§ 6 Prices and Payments
1. The prices on the website given in Polish zlotys are gross prices, including VAT.
2. The cost of shipping should be added to the price of the goods, the amount of which depends on the selected form of delivery and payment.
3. The purchase price of the goods given on the Store's website is final and binding from the moment the Customer receives an e-mail confirming the acceptance of the Customer's order for the purchase of selected Goods, indicated in § 3 para. 10. This price will not change, regardless of price changes introduced on the Store's website or launched promotional or sale campaigns.
4. The customer pays the price for the ordered Goods together with delivery costs, at his choice:
a. by bank transfer to the Seller's bank account given below, before delivery:
Alior Bank S.A
Account PL: 25 2490 0005 0000 4520 1162 9675
Data for transfers from foreign banks:
IBAN: PL 25 2490 0005 0000 4520 1162 9675
SWIFT code of Alior Bank SA: ALBPPLPW
Alior Bank SA BIC code: ALBPPLPW
b. by bank transfer or payment card via electronic payment in the Tpay payment system, operated by Krajowy Integrator Płatności SA with its registered office in Poznań, address: ul. St. Marcin 73/6, 61-808 Poznań, before delivery
5. If the Customer chooses the payment method specified in par. 4a., failure to receive payment to the Seller's account within 3 working days from the date of conclusion of the Sales Agreement, and then within the additional time limit set by the Seller, makes it possible for the Seller to withdraw from the Sales Agreement. The Customer may also, until receiving a message about sending the Order, cancel it without incurring any consequences by contacting the Seller during working hours using the telephone number provided in the Contact tab, which does not violate his right to withdraw from the contract.
6. If the Customer chooses the payment method specified in par. 4b. of this paragraph, the Seller will start the execution of the order after receiving confirmation of payment from the Tpay system, but not earlier than after sending an e-mail to the Customer confirming the acceptance of the order for the purchase of selected Goods placed by the Customer, indicated in § 3 sec. 10.
7. The Seller reserves the right to change the prices of the Goods in the Store, introduce new Goods to the Store, carry out and cancel promotional campaigns on the store's website, or make changes to them in accordance with the Civil Code and other laws, provided that such changes do not violate the rights of persons who concluded Sales Agreements for Goods offered by the Store before making the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
§ 7 Complaints
1. If the purchased Goods have a physical or legal defect, the Seller is liable to the Customer on the basis of art. 556 and following of the Civil Code (warranty).
2. The Seller takes steps to ensure the proper functioning of the Store, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
3. If the Goods sold have a defect, the Customer may:
a. submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or remove defects.
b. demand replacement of the Goods free of defects or removal of the defect. The Seller is obliged to replace the defective Goods with goods free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
4. The Customer may, instead of removing the defect proposed by the Seller, demand replacement of the Goods with defect-free ones, or instead of replacing the Goods, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. the seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction.
5. The Seller may refuse to satisfy the Customer's request to replace the Goods with defect-free Goods or to remove the defect, if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs. The costs of repair or replacement are borne by the Seller.
6. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller's address. The cost of delivering the Goods is covered by the Seller.
7. The Seller is liable under the warranty if a physical defect is found within two years from the delivery of the Goods to the Customer. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year, but if the customer is a Consumer, this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or make a statement about a price reduction due to a defect in the Goods. If the Customer requested the replacement of the Goods with a defect-free one or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
8. A complaint can be submitted in writing by returning the goods together with a description of the defect and proof of purchase in the Store, by registered mail or other form of delivery, to the following address: Dystrybucja Pro Sp. z o. o., Cholerzyn 467, 32-060 Liszki. Complaints can also be submitted by sending an e-mail to the following address: [email protected] with a description of the reported defect and photos of the defective product or a description of the reported problem, if the complaint concerns free services provided electronically by the Seller.
9. The customer will receive information on how to consider the complaint within 14 days from the date of the request by the customer.
10. Under these Regulations, the Seller does not undertake to use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8 Right to withdraw from the Sales Agreement
1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
2. The deadline for withdrawing from the Sales Agreement starts from the moment the Goods are taken into possession by the Consumer or a third party indicated by him.
3. The consumer may withdraw from the Sales Agreement by informing the Store about his decision to withdraw from the contract by way of an unequivocal statement, for example sent in writing to the following address: Dystrybucja Pro Sp. z o. o., Cholerzyn 467, 32-060 Liszki, or via e-mail to the Seller's address provided in the "Contact" tab on the Website.
4. The customer may use the return form template available on the Store's website, but it is not mandatory. The Customer may also complete and send a scanned form or any other unequivocal statement via e-mail to the Seller's address provided in the Contact Details. If the Customer submits a statement of withdrawal electronically, the Seller will immediately send the Customer a confirmation of receipt of this statement on a durable medium.
5. To meet the deadline specified in par. 1, it is enough to send a declaration of withdrawal before its expiry.
6. In the event of withdrawal from the Sales Agreement, it is considered void.
7. If the Consumer submitted a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
8. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return the payments made by him, except for the cost of delivering the Goods. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or until the Customer provides proof of sending back the Goods, depending on which event occurs first. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
9. If the Consumer exercising the right of withdrawal has chosen a method of delivering the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
10. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to send back the Goods before its expiry.
11. In the event of withdrawal from the Sales Agreement, the Customer who is a Consumer bears the direct costs of returning the Goods.
12. The consumer is liable for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
§ 9 Other services provided electronically
1. The Seller, in addition to enabling the conclusion of Sales Agreements via the Store in accordance with these Regulations, also provides the following services free of charge electronically to Customers:
a. Newsletter service,
b. Individual Account Service.
2. In order to start providing the Newsletter service, it is required that the Customer agrees to receive the Newsletter by entering his e-mail address in the appropriate field or by checking the appropriate field for completing the data when registering an individual account in the Online Store and confirming it by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer (the moment of commencement of the provision of the Newsletter delivery service).
3. The newsletter is provided free of charge for an indefinite period. The Customer has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter), in particular by clicking the deactivation link in each Newsletter sent to the Customer in the form of an e-mail or sending a relevant request to the Seller using the data contact.
4. The Individual Account service is available after registering data in the Store's system on the terms described in paragraph 4 of the Regulations and consists in providing the Customer with an individual panel in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website, such as modifying the Customer's data, maintaining the session the Customer after logging in to the Individual Account, storing and sharing the history of orders with the Customer, tracking the status of orders.
§ 10 Protection of personal data
1. The Customer's personal data is processed by the Seller as the personal data administrator.
2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data.
§ 11 Final Provisions
1. The Regulations are valid from April 15, 2019.
2. Agreements concluded by the Seller are concluded in Polish.
3. The Seller is liable for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
4. The parties will strive to amicably resolve any disputes arising from the contract concluded on the basis of these Regulations.
5. The Customer who is a Consumer has the option of using the following out-of-court methods of pursuing claims and considering complaints:
a. the possibility of submitting a request for out-of-court resolution of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. e.g. to the Provincial Inspector of the Trade Inspection in Krakow;
b. submitting a request for consideration of the case by the Permanent Consumer Arbitration Court operating at the relevant Voivodship Inspectorate of Trade Inspection, and
c. asking the Municipal Consumer Ombudsman for help in protecting the interests and rights of consumers. Free assistance to consumers in the protection of their rights and interests is also provided by social organizations, such as the Association of Polish Consumers;
d. dispute resolution may also be used by the ODR online platform, which is available at: http://ec.europa.eu/consumers/odr/.
6. Lack of acceptance of the Regulations prevents the purchase of Goods offered by the Store. The Store will enable the Customer to read the Regulations when placing an order. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. Customers with an Individual Account will be informed about the change in the Regulations via e-mail. The customer who does not accept the changes introduced in the Regulations has the right to withdraw from the contract for the provision of electronic services.
7. The law applicable to the resolution of any disputes arising from these Regulations is Polish law. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and other relevant provisions of generally applicable law.