- These Regulations set out the rules for accessing and using services provided electronically through the bacpolska.pl online store.
- Terms used in the regulations should be understood as follows:
- Seller or Operator - BAC POLSKA with its seat at 112 Gorzowska Street, 66-470 Kostrzyn n/O,
- Shop or Portal - website www.bacpolska.pl, available at the electronic URL: www.bacpolska.pl, using which the customer can obtain information about the lifts and their availability, as well as buy lifts and rent them.
- Usernik - any natural person using the publicly available resources of the Store, including any Customer.
- Customer - a natural person, a legal person or an organizational unit without legal personality using the content and services available in the Store, who concludes a Sales Agreement with the Seller using the Store.
- Consumer - In accordance with Article 221 of the Act of April 23, 1964. - Civil Code, i.e. a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
- Merchandise - a movable item, offered for sale in the Store, which the Customer can purchase using the Store.
- Price - the value of the Goods themselves specified in the Store. The price is always expressed in the Polish zloty (PLN) and is a gross value. The price binding for both parties to the sale is the price at which the Customer ordered the Goods. The price does not include the cost of delivery (depending on the method of its implementation) and any costs associated with the processing and implementation of payment for the Goods.
- Sales Agreement - contract for the sale of Goods, concluded using the Store at a distance between the Seller and the Customer, concerning the Goods individually specified and selected in the order by the Customer.
- Content - any information, data, signs, logos, descriptions and photos of the Goods, regardless of their nature, format and manner of recording or presentation, originating from the Seller or its partners, which are published within the Store.
- Account - a set of data stored in the Store and in the Seller's data communications system relating to a given Customer, and orders placed by him or her and contracts concluded, with the use of which the Customer may place orders and conclude contracts.
- Regulations - these Regulations defining the rules for the conclusion of distance sales contracts through the Online Store, the rules for the performance of these contracts, the rights and obligations of the Seller and the Customer and the rules of the complaint procedure.
TYPE AND SCOPE OF SERVICES
- The service provider provides the following online store services using the Portal's IT infrastructure:
- running Accounts,
- Conclusion of Sales Agreements,
- Sending e-mails to Customers related to the execution of Sales Agreements and maintenance of Accounts,
- Adding reviews, comments and ratings of Goods.
- For an expanded regulation of each of the aspects described in the above paragraph, see the following section of the Regulations.
SERVICES OUTSIDE THE SCOPE OF THE STORE
The Seller does not provide any additional services, except those arising directly from the content of the Terms and Conditions, Sales Agreements or description of the Goods. In particular, the Service Provider does not provide services in the field of independent delivery of the Goods (delivery is outsourced to an external professional entity in each case), in the field of installation and assembly of the Goods or insurance of the Goods.
- The User accepts the Terms and Conditions by creating an Account or concluding a Sales Contract without having an Account.
- The User is obliged to provide true data and information for the purpose of using the services of the Store. For the consequences of providing false data or concealing true data, as well as providing data that does not pertain to this user or pertain to another person, the user is fully liable to third parties, as well as the operator.
- The user is obliged to keep his data up to date, if he has only provided such data to the Operator.
- It is prohibited for the User to provide any content of an unlawful nature.
- All activities of Users that are not directly allowed by the Regulations are prohibited, in particular:
- that would destabilize the work of the Seller, impede access to or use of the Store or content;
- publishing spam and unsolicited commercial information,
- Use of viruses, bots, worms or other computer code, files or programs (in particular, process automation scripts and applications or other code, files or tools);
- taking other actions to the detriment of the Seller, Customers or threatening their rights, or interests.
- Each User has the right to create an Account within the Store, which requires registration through the form provided on the Store's website, with the following data:
- account name,
- email address.
- After the User completes and submits the form, a letter with an activation link will be sent to the email address provided. The User must access the activation page by clicking on the aforementioned link, and then on the activation page set his/her individual password for the Account according to the guidelines indicated on the page. It is recommended that the User choose such a password that is specified on the site as strong or very strong. Only upon setting the password does the Account on the Portal become active.
- A user with an active Account in the Store has the opportunity to operate it through a specialized customer panel.
- At the moment of activation of access to the Account, an agreement for the provision of services by electronic means concerning the maintenance of the Account - for an indefinite period and free of charge - is concluded between the Seller and the Customer.
- The Account of a given User may be deleted at any time, which includes data stored within the Account about the User - by using the appropriate option within the customer panel. Deletion of the Account is equivalent to termination of the agreement described in paragraph 4 above by the User with immediate effect.
- The Seller has the right to block the User's access to the Account or some of its functionalities in the event that the User uses the Store in a manner inconsistent with applicable law, good morals, rules of social coexistence or violates the provisions of the Rules of Procedure, as well as when the User posts illegal content.
- The Seller has the right to terminate the contract for the provision of services concerning the Account in case of discontinuation of the provision or transfer of the Store service to a third party, violation by the Customer of the law or the provisions of the Terms and Conditions, as well as in case of inactivity of the Customer for a period of 6 months. Termination of the contract shall be subject to a seven-day notice period.
- Content posted within the Store, in particular, descriptions of goods and prices are an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- In order to purchase Goods, the Customer should place an order, which is placed by placing the selected Goods in a virtual "shopping cart" within the Store, then filling out interactive forms for order data and finally confirming the order by pressing the button marked: "I buy and pay".
- The Seller, immediately before placing the order within the statement presented in the virtual "shopping cart", informs the Customer about the total price of the ordered Goods and any additional charges, including transportation, payment costs, etc.
- It is not necessary to have an Account to place an order, as long as the Buyer has chosen an order form without creating an Account.
- In order to successfully place an order, the Customer who is a Consumer must specify and provide at least: his/her name, mailing address, address for shipment of the ordered Goods, e-mail address, telephone number. In addition, the method of delivery and method of payment for the ordered Goods must be selected from the list of available options. The absence of any of the above information, or false information, will prevent the Seller from processing the order.
- A customer who is an entrepreneur within the framework of an order, in addition to the data specified in paragraph 4 above, must specify and provide: its legal form, full name of the company, VAT number and method of delivery of a VAT invoice.
- Once the order is properly placed by the Customer, the Seller sends information about the order to the Customer's e-mail address provided. This information is not a confirmation of acceptance of the order, but is only information that the Seller has received the order.
- The Seller is obliged to verify whether the order placed can be accepted for processing. If the order cannot be fulfilled, the Seller shall send information to the Customer's e-mail address about the refusal to accept the order for fulfillment, indicating the reason for the refusal. If the Customer had previously prepaid the Price of the ordered Goods, the Seller is obliged to immediately refund it in full to the Customer.
- The Seller, accepting the Customer's order for execution, sends the Customer an e-mail about the acceptance and approval of the order for execution. Upon receipt of such a statement by the Customer, a Sales Contract is concluded between the parties.
- Confirmation of acceptance of the order for execution or notification of refusal to execute the order is made within a maximum of 2 working days from the moment of placing the order by the Customer.
- When the Customer is not an individual, he is presumed to be represented by a representative authorized to represent the Customer under applicable law.
- In the course of placing an order, the Seller informs the Customer about the available payment methods within the order form in the virtual "shopping cart". The Customer is obliged to choose one of the indicated methods.
- If an additional cost is associated with a particular payment method for the Customer, the Seller shall inform the Customer of this within the order form in the virtual "shopping cart".
- The Vendor shall inform the Customer of the payment deadline via the teleinformation system.
- In the case of purchase of Goods imported on individual order and of significant value, the Seller reserves the right to require the Customer to make a prepayment or advance payment. In the event of termination, withdrawal or dissolution of the Sales Agreement, the down payment or prepayment made will be immediately returned to the Customer.
- In the course of placing the order, the Seller informs the Customer about the possible means, methods and costs of delivery of the ordered Goods within the order form in the virtual "shopping cart". The Customer is obliged to choose one of the indicated methods.
- Ordered Goods are delivered in the manner selected by the Customer at the time of placing the order.
- Before receiving the shipment, the Customer is obliged to check whether the packaging has not been damaged in transit, and in particular, this applies to verification of the condition of the tapes affixed to the shipment. If the packaging of the shipment bears signs of damage or if the tapes are broken, the Customer should take photos of the damaged shipment and then refuse to accept it and immediately notify the Seller of the situation.
- The Customer, upon receipt of the ordered Goods or immediately thereafter, is obliged to check the contents of the received shipment in order to verify its compliance with the placed order. The Customer is obliged to immediately notify the Seller of any detected defects or shortages.
DEFECTS IN GOODS, WARRANTY, GUARANTEE
- All Goods are brand new, free from physical and legal defects. In addition, they have been legally introduced into the Polish market. In exceptional cases, when it is clearly marked in the name and description, used or serviced Goods may be offered.
- The goods are covered by the manufacturer's quality warranty only. The Seller does not provide the Customer with any additional quality guarantee of its own.
- Along with the Goods, the original manufacturer's warranty card is delivered to the Customer, specifying the terms and conditions and duration of the given quality warranty. By default, all warranty repairs are performed by authorized service centers of the manufacturer of the given Goods.
- The Seller is obliged to provide goods without defects and, with respect to Consumers, is liable under the warranty for their defects under the rules regulated in Article 556 et seq. Civil Code.
- In case the Customer is not a Consumer:
- warranty liability for physical defects of goods is excluded (Article 558 et seq. of the Civil Code);
- Seller's liability covers only the actual damage;
- The Seller's liability is limited to the value of the Goods to which the warranty claim applies;
- The Seller is not responsible for the acts and omissions of third parties, including postal service providers, Internet services, etc.
- All complaints regarding the functioning of the Store and orders made should be sent to the e-mail address: firstname.lastname@example.org. Complaints may also be submitted in writing to the Seller's registered address.
- When filing a complaint, the customer is obliged to at least indicate the noticed defect, deficiency or shortcoming and specify his demand.
- If the complaint submitted relates to the Consumer's claim under the warranty, the Customer is required to provide proof of purchase of the Goods in question from the Store (e.g. account statement, card payment confirmation, receipt or invoice).
- A customer who exercises warranty rights is obliged, at the Seller's expense, to deliver the defective item to the Seller's registered address or the address indicated in the e-mail correspondence.
- If the data or information provided in the complaint needs to be supplemented, the Seller will immediately ask the Customer to supplement it to the extent indicated. Along with such notification, information will be sent to the Customer on how to supplement the deficiencies in the claim.
- Complaints under warranty are recognized within 14 days from the date of delivery to the Seller of a statement containing the demands of the Buyer.
- The Customer will be notified by the Seller of the outcome of the complaint by e-mail or in writing, depending on the method of complaint.
- The right to withdraw from the Sales Agreement without stating a reason is granted only to the Customer who is a Consumer.
- A customer who has entered into a Sales Agreement may withdraw from it within 14 days without giving any reason.
- If the customer submitted the cancellation statement before the Seller accepted his order, the order is canceled and is treated as null and void.
- The time limit for withdrawal from the Agreement for Sale of Goods starts from the day on which the Customer or his designated person other than the carrier took possession of the Goods (in the case of sale of multiple Goods - in possession of the last of them), and in the case of other contracts - from the date of their conclusion.
- In order to exercise the right of withdrawal, the Customer is obliged to make a written statement to the Seller in this regard. To meet the deadline it is sufficient to send such a statement before its expiration. This statement may be sent by e-mail or by ordinary mail.
- The customer has no right of withdrawal:
- if the subject of the service is a non-refabricated item, produced to the Customer's specifications or serving to meet his individualized needs;
- if the subject of the service is an item that is perishable or has a short shelf life;
- if the subject of the performance are things that, after delivery, due to their nature, become inseparable from other things,
- if the object of performance has been used or consumed by the Customer, and in particular, if it has been connected to any external installation and used.
- The Seller shall, within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement, return to the Customer all payments made by the Customer, including delivery costs corresponding to the cheapest delivery method offered by the Seller. Refund of payments will be made using the same method of payment used by the Customer, unless the Customer expressly agrees to a different method of refund that does not involve any costs for him.
- The Customer will return all Goods covered by the statement of withdrawal from the Sales Contract to the Seller immediately, but no later than 14 (fourteen) days from the day on which he made the statement of withdrawal from the contract. To meet the deadline it is sufficient to send back the goods before its expiration.
- The seller has the right to withhold the refund of payments received from the customer until it receives the item back or the customer provides proof of its return, whichever event occurs first.
- The Customer shall bear the direct costs of returning the Goods (including the cost of delivering them to the Seller) and shall be responsible for any diminution in the value of the Goods resulting from using them in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.
- The Customer, after the conclusion of the Sales Agreement, obtains the right to add his own textual opinion on each of the Goods purchased by him.
- The seller conducts full moderation of opinions sent by customers and reserves the right to decide in advance whether or not to publish an opinion sent by a customer without additional justification and notification.
- The Client, sending his opinion to the Seller, grants the Seller a non-exclusive license to use the content of the opinion for an indefinite period of time on the Internet for purposes related to the operation and promotion of the Store or Goods, including to make the opinion publicly available in such a way that anyone can have access to it at a place and time of their choosing.
- It is forbidden to send opinions that contain links to external websites, are of a promotional or advertising nature, or contain data of third parties. In addition, it is forbidden to send opinions that contain content that is illegal, insulting, defamatory or violates the personal rights of third parties.
- The customer declares that he is the author or that he owns all copyrights to the content of the submitted opinion.
- In the event that the Vendor receives notice of the unlawful nature of the content posted by the Customer as part of the reviews, it will take action to block access and/or remove such content.
- The vendor reserves the full right to remove an already published opinion without further justification or notification.
- The customer has the right to return used equipment in accordance with the Law of September 11, 2015 on Waste Electrical and Electronic Equipment.
- Return of used equipment can take place only if the purchase of new Goods is made in the Store, and the returned equipment will be of the same type as the purchased Goods.
- The customer may return the used product in an amount no greater than the new equipment purchased.
- The unit price of the equipment listed in Annex 6 to the Law of September 11, 2015 on Waste Electrical and Electronic Equipment includes waste management costs within the meaning of and in accordance with the terms of Article 16 of the Law.
- The Service Provider shall not be held liable for any events and damages arising from:
- Failure of the User to adapt to the technical requirements necessary for the use of the Store;
- inability to access the Store, resulting from reasons beyond the Seller's control;
- Force majeure, acts of war, terrorist attack, fire, flooding of the server room, hacking attack, breakdowns, causes attributable to access providers, Internet providers, failure of the User's hardware or software, failure in the server room,
- reasons on the part of third parties (providers of telecommunications, hosting, banking, postal, courier, e-mail, domain registration and maintenance and other similar services, and the payment system operator);
- Unauthorized use of the Store by the User or another person;
- malicious or infringing act, or omission of any Internet user;
- rejection of e-mails sent by mail servers other than the Seller's, e.g. due to filters, blockers or failure of these systems.
- In addition, the Seller shall not be liable for the marking of its e-mails or e-mails of Users as spam by the e-mail service provider used by the User.
- The Service Provider is entitled to a technical interruption in the operation of the Store. It shall notify Users of this interruption through an earlier announcement on the pages of the Store, unless the necessity of this interruption is sudden or unforeseen.
- The Seller has the right to temporarily limit the functions of the Store, make them available at selected times or impose limits on the quantity, if the lack of limits could adversely affect the continuity and stability of the Store. For the consequences of events resulting from a technical interruption or temporary limitation of the Store's functions, the Seller shall not be liable.
PERSONAL DATA PROTECTION
- The Seller shall ensure to each User the protection of personal data collected in the Store in a manner consistent with the Personal Data Protection Act of August 29, 1997.
- The administrator of the personal data provided by the customer in the course of registration or order placement is the Seller.
- Provision of personal data by the User is completely voluntary. The Seller reserves the right to verify the data provided by the User. The provision of certain services may be dependent on the provision of certain personal data by the User. The Seller is not responsible for any consequences of the User providing false personal data.
- The user has the right to access the content of the data and to correct them. Provision of data is done on a voluntary basis.
- By accepting the Terms and Conditions, the User agrees to:
- processing, collection, consolidation, storage, development, sharing and deletion of the personal data provided by him by the Seller to the extent necessary for the organization of the Store and fulfillment of the service to the User, in particular, the implementation of the Sales Agreement,
- processing, collection, consolidation, storage, development, sharing and deletion of the User's personal data by the Seller for marketing and statistical purposes,
- Transfer of collected personal data of the User to third countries, in particular for the purpose of performing services provided by the Seller in the technical field (Seller on the right to use servers in a third country),
- processing, collecting, capturing, storing, developing, sharing and deleting of User's personal data for the purpose of advertising, market research and the behavior and preferences of service users with the purpose of using the results of this research to improve the quality of services provided in the Store,
- transfer of personal data in Poland, in particular for the performance of services provided by partners and contractors.
- The user consents to the following technical and technological data being collected, gathered and processed by the Seller:
- IP address of the User's computer,
- User's geolocation data,
- called web address (URL),
- Internet address from which the User went to the pages of the Store,
- The type of browser the User is using,
- other information transmitted via the http protocol.
- The user agrees that the Seller may store on his computer small technical files (so-called cookies) necessary for the proper provision of services by the Seller.
- The Service Provider undertakes to undertake all technical and organizational measures for the proper protection of Users' personal data.
- Descriptions of the Goods and their images are taken from manufacturers' databases, the Seller's own resources and publicly available marketing materials.
- Any use of product information from the Store by third parties, especially for commercial purposes, is prohibited.
- Property copyrights to the content on the Store belong to the Seller. Copyright is subject to the protection provided for in the Act of February 4, 1994 on Copyright and Related Rights.
- (1) To use the Store, you are required to:
- Internet access;
- A web browser that accepts cookies, i.e. Microsoft Internet Explorer version no lower than 8.0 or Mozilla Firefox version no lower than 3.0, Opera version no lower than 9.0, Google Chrome version no lower than 6 and related;
- An active and properly configured email account;
- Minimum screen resolution of 1024×768 pixels;
- Software to open PDF files, such as Adobe Acrobat Reader.
- You are aware that the use of web content blocking software (e.g. AdBlock, Ghostery) and related software may cause the Store to malfunction, including completely preventing you from using it.
AMENDMENTS TO THE REGULATIONS
- The Seller is authorized to change the Terms and Conditions.
- Users who have an Account will be informed of changes to the Terms and Conditions each time by checking the box accepting the provisions of the Terms and Conditions, when placing an order.
- If any of the provisions of the Terms and Conditions is amended or invalidated by a decision of a competent authority or court, the remaining provisions of the Terms and Conditions shall remain in force and bind the Seller and the Customer.
- The governing law for the resolution of all disputes related to the Terms and Conditions is Polish law.
- For Customers who are not Consumers, the court with jurisdiction over the Seller's registered office shall have jurisdiction.
- In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that a platform for online dispute resolution between consumers and traders at the EU level is available at http://ec.europa.eu/consumers/odr. This platform is a one-stop-shop website for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract.