Regulations of the BlueTruck24.eu online store
I. General rules
These Regulations, hereinafter referred to as the Regulations, set out, inter alia, the terms and conditions of use of the Online Shop available on the Internet at the following URL https://www.bluetruck24.eu, in particular, the mutual rights and obligations of the Seller and the Buyer, as well as determine the conditions for the provision of services by electronic means, which satisfies the requirements of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827) and the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002, No. 144, item 1204).
This website and sales are conducted by Marzena Mazurkiewicz, who conducts business activity on the basis of an entry in the Central Register and Information on Business Activity conducted by the minister in charge of economy, under the company: “EMAR Marzena Mazurkiewicz” with its registered office in Cracow, Pod Gwiazdami Street 4A, 30-798 Kraków tax number: 6792962099, National Business Registry Number: 122538794, hereinafter referred to as the Seller.
The following definitions of terms used in these Regulations and the Contracts concluded between the Seller and the Buyer, jointly referred to as the Parties, are established:
a) Buyer – a natural person, a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who makes a purchase through the online store
b) Consumer – a Buyer who is a consumer within the meaning of Article 221 of the Act of 23 April 1964 Civil Code (Journal of Laws of 18 May 1964, No. 16, item 93, as amended, hereinafter: “Civil Code”), i.e. a natural person performing with an entrepreneur a legal action not directly related to his business or professional activity
c) Online Shop – a website available on the Internet at the URL https://www.bluetruck24.eu, through which the Seller enables the Buyer to make a purchase and conclude a contract at a distance
d) Contract – a sales contract concluded between the Seller and the Buyer via the Online Shop
e) Account – a function of the Online Shop, which allows for the entry and modification by Buyers of their data and contains information about their activities related to making purchases by electronic means. The account is created after Registration.
f) Registration – filling in the registration form available on the pages of the Online Shop by providing your name, address, e-mail address and telephone number, as well as creating a login and password to create an Account.
g) Complaint – a statement made in writing to the Seller and the Buyer, which contains at least the Buyer’s designation (name, surname, address, e-mail address and telephone number), the identification of the goods being complained about and the date of purchase, a description of the physical or legal defect of the goods and the Buyer’s request.
The Seller, as part of the Online Shop, sells goods at a distance via the Internet.
All correspondence can be sent to the address of the Seller’s registered office (Pod Gwiazdami Street 4A, 30-798 Kraków). The contact with the Seller is also possible at the e-mail address email@example.com and at the telephone number +48 513 133 612. The cost of calling the indicated telephone number is determined according to the tariff rate of the service provider used by the Buyer.
In order to use the Online Shop, you must meet at least the following technical conditions:
have access to the Internet
have a web browser (one of the following: Chrome, Internet Explorer, Mozilla, Opera, Safari) updated to the latest version
II. Provisions concerning sales contracts
All prices of the goods made available on the Shop’s website are in euro, pound sterling, dollar and include all their components, including duties and taxes, but do not include delivery costs. Delivery costs shall be borne by the Buyer.
1.By the sales contract, the Seller undertakes to transfer the ownership of the item offered through the Shop to the Buyer and to give it to him, and the Buyer undertakes to collect the item and pay the price to the Seller.
- The order is placed after the Buyer selects the item with the “Add to card” “Proceed to checkout” function and then presses the “Place order” button.
- A contract may be concluded either after prior Registration or by Buyers who have not registered an Account. Buyers who have not registered are obliged, when placing an order, to provide such personal data as: name, surname, address, e-mail address and contact telephone number.
- The contract is concluded at the moment of sending the Buyer a confirmation of order acceptance to the e-mail address provided by the Buyer.
- Payment for the ordered goods can be made by the Buyer using one of the methods of his choice:
- a) by transfer to the Seller’s bank account
- b) PayPal transaction system
- c) by credit card
- The Buyer shall be deemed to have withdrawn from the Contract and the Contract shall cease to be binding on the Parties if payment is not made within 7 days of receipt of the order confirmation.
- Delivery of goods is made through a courier company DHL, UPC or other, with which the Seller has concluded a contract for postal, courier or transport services.
- The delivery is made immediately, not later than within 30 days from the date of concluding the contract to the address indicated by the Buyer. This place is considered to be the place of performance by the Seller.
- If it is impossible to deliver the goods within the time limit referred to above, the Seller shall immediately notify the Buyer, who may set an additional time limit for the Seller to deliver the goods, and after its ineffective expiry may withdraw from the contract.
III. Right of withdrawal
The provisions of this Chapter shall apply only to sales to which the Consumer is party.
- A Buyer who is a Consumer may withdraw from a sales contract without giving any reason within 14 days from the date of delivery of goods, subject to exceptions provided in the Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827).
- The Consumer is responsible for any reduction in the value of an item resulting from its use beyond what is necessary to establish the nature, characteristics and functionality of the item.
The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. To meet the deadline, it is sufficient to send the statement before its expiry. The statement may be made in writing or electronically sent to the Seller’s mailing address.
- In the event of withdrawal from the Contract, it shall be deemed not to have been concluded.
- The Consumer is obliged to return the goods to the Seller within 14 days from the date of the declaration. The cost of returning the goods shall be borne by the Consumer.
- The Seller is obliged to immediately, not later than within 14 days from the day of receiving the goods from the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods. If the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred by him.
- The payment shall be reimbursed using the same method of payment as that used by the Consumer.
- IV. Warranty for physical and legal defects
- Any Complaints should be sent in writing to the Seller’s address or to the Seller’s e-mail address indicated above.
- The Complaint should indicate what is the subject and cause of the Complaint. The Seller may ask the Buyer to send additional information necessary to consider the Complaint.
- The provisions of the Civil Code, in particular Articles 556-576, shall apply to complaints.
- The Seller is liable to the Buyer if the item sold has a physical or legal defect (warranty). The buyer may exercise the rights under the warranty for physical defects of the item regardless of the rights resulting from the warranty.
- The physical defect consists in the incompatibility of the item sold with the contract. In particular, an item sold is not in conformity with the contract if it does not have the characteristics that such an item should have in view of its purpose in the contract as indicated or resulting from the circumstances or purpose, it does not have the characteristics that the Seller provided the Buyer with, by presenting a sample or design is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract and the Seller has not objected to such a purpose, has been delivered to the Buyer in an incomplete condition. The item sold has a physical defect also in the case of incorrect installation and commissioning, if these operations were performed by the Seller or a third party for which the Seller is responsible, or by a Buyer who followed the instructions received from the Seller.
- If an item sold has a defect, the Buyer may make a declaration of price reduction or withdrawal from the Contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item with an item free of defects or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil his obligation to replace the item with a defect-free item or to remove the defect.
- If the Buyer is a Consumer, he may, instead of the removal of a defect proposed by the Seller, demand that the item be replaced with a defect-free item, or demand removal of the defect instead of replacing the item, unless bringing the item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the manner proposed by the Seller.
- The Buyer who exercises rights under the warranty is obliged, at the expense of the Seller, to deliver the defective item to the Seller’s business address indicated in § 2 of these Regulations.
The Seller shall be liable under warranty if a physical defect is found within two years of the conclusion of the Contract.
- If the Buyer is a Consumer, the Seller is obliged to respond to his request within 14 days of receipt of the Complaint.
- The Seller will inform the Buyer about the way of dealing with the Complaint in the same form in which the Buyer submitted the Complaint.
- V. Protection of personal data
- The personal data Administrator is the Seller whose data are indicated in § 2 of these Regulations.
- By making the Registration or concluding the Contract, the Buyer agrees to place his personal data in the Seller’s database and to process them for the purposes of the Contract’s execution as well as for marketing purposes of the Seller’s own products or services, in particular by collecting, saving, modifying, storing and recording them.
- The provision of personal data by the Buyer is voluntary, however, the lack of consent for their processing prevents the Registration and conclusion of the Contract.
- The Buyer is responsible for providing false personal data.
- Personal data is protected in accordance with the Act of 29 August 1997 on the protection of personal data in a way that prevents access by third parties.
- The Buyer has the right to control the processing of data concerning him/her, as well as to amend, supplement or request deletion of data, in particular incomplete, outdated or false data.
VI. Final provisions
The law applicable to agreements concluded between the Seller and the Buyer is Polish law.
Any disputes arising from the agreements concluded between the Seller and the Buyer shall be settled by the court having jurisdiction over the Seller’s registered office, unless the Buyer is a Consumer.
- In fulfilling principles of Article 12(1)(b) of the Act on Consumer Rights, the Seller informs that the Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller from a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).
- The Buyer may also apply to the permanent arbitration court of the consumer referred to in Article 37 of the Commercial Inspection Act of 15 December 2000 (Journal of Laws 2001, No. 4, item 25, as amended) to resolve the dispute arising from the concluded Sales Agreement.
- The Buyer is also entitled to apply to the Provincial Inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), for initiation of mediation proceedings to resolve the dispute between the Buyer and the Seller amicably.
If any provision of the Regulations is found to be invalid or ineffective in a manner prescribed by law, this shall not affect the validity or effectiveness of the remaining provisions.
The Seller has a right to unilaterally change the Regulations, of which he will notify the Buyer via e-mail.
The Regulations shall enter into force on the day of their announcement and shall apply to contracts concluded after their entry into force.