TERMS AND CONDITIONS OF THE ONLINE STORE
TRUCKBP.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS
12. FINAL PROVISIONS
13. MODEL WITHDRAWAL FORM
These Online Store Terms and Conditions have been prepared by lawyers from Prokonsumencki.pl. The online store www.truckbp.pl cares about consumer rights. Consumers may not waive their rights under the Consumer Rights Act. Any provisions of agreements that are less favourable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The online shop, accessible at www.truckbp.pl, is operated by partners who run a business together under a partnership agreement under the name TRUCK BP S.C. ŁAMANOWSKA-LISKOWSKA, KUCHARSKI (business address: ul. Bosmańska 3, 62-510 Konin and address for service: Spławie 60A, 62-590 Golina), civil law partnership tax identification number (NIP): 6652883394, REGON number of the civil law partnership: 300937163, e-mail address: biuro1@truckbp.pl, telephone number +48 669-303-059, i.e.:
ANNA ŁAMANOWSKA-LISKOWSKA conducting business activity under the name ŁAMANOWSKA-LISKOWSKA ANNA (business address: ul. Bosmańska 3, 62-510 Konin) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for the economy, NIP: 6652320478, REGON: 311604007;
BARTOSZ KUCHARSKI conducting business activity under the name KUCHARSKI BARTOSZ (business address: ul. Bosmańska 3, 62-510 Konin) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for the economy, NIP: 6651623768, REGON: 311097384.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.
1.3. The Seller is the data controller for personal data processed via the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the period and on the basis of the principles set out in the privacy policy published on the Online Store website. The privacy policy contains, above all, the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277 of 27.10.2022, pp. 1–102).
1.4.2. BLOG – An online service, an internet blog available on the Online Shop for its customers, enabling them to view the Service Provider’s posts, in particular those relating to its business and the Products it offers.
1.4.3. WORKING DAY – any day from Monday to Friday, excluding public holidays.
1.4.4. CONTACT FORM – An electronic service: an interactive form available on the Online Shop that enables direct contact with the Service Provider.
1.4.5. REGISTRATION FORM – a form available in the Online Shop that allows you to create an Account.
1.4.6. ORDER FORM – An electronic, interactive form available on the Online Shop that enables customers to place an Order, in particular by adding Products to an electronic shopping basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.7. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – which has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.8. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.9. ACCOUNT – An electronic service, identified by a unique username (login) and password provided by the Customer, comprising a set of resources within the Service Provider’s IT system, in which data provided by the Customer and information regarding Orders placed by them in the Online Shop are stored.
1.4.10. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or with the law of any Member State that is in compliance with European Union law, irrespective of the specific subject matter or nature of that law.
1.4.11. PRODUCT – (1) movable property (including movable property with digital elements, i.e. containing digital content or a digital service or connected to them in such a way that the absence of digital content or a digital service would prevent its proper functioning) which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.12. TERMS AND CONDITIONS – these Terms and Conditions of the Online Shop.
1.4.13. ONLINE STORE – the Service Provider’s online store, accessible at the following web address: www.truckbp.pl.
1.4.14. SELLER; SERVICE PROVIDER – partners jointly conducting business activities under a partnership agreement under the name TRUCK BP S.C. ŁAMANOWSKA-LISKOWSKA, KUCHARSKI (business address: ul. Bosmańska 3, 62-510 Konin and address for service: Spławie 60A, 62-590 Golina), civil law partnership tax identification number (NIP): 6652883394, REGON number of the civil law partnership: 300937163, e-mail address: biuro1@truckbp.pl, telephone number +48 669-303-059, i.e.:
ANNA ŁAMANOWSKA-LISKOWSKA conducting business activity under the name ŁAMANOWSKA-LISKOWSKA ANNA (business address: ul. Bosmańska 3, 62-510 Konin) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for the economy, NIP: 6652320478, REGON: 311604007;
BARTOSZ KUCHARSKI conducting business activity under the name KUCHARSKI BARTOSZ (business address: ul. Bosmańska 3, 62-510 Konin) entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the Minister responsible for the economy, Tax Identification Number (NIP): 6651623768, National Business Registry Number (REGON): 311097384.
1.4.15. SALES AGREEMENT – (1) a contract for the sale of a Product (in the case of movable goods and movable goods with digital elements), (2) a contract for the supply of the Product (in the case of digital content or a digital service), (3) a contract for the provision or use of the Product (in the case of a service other than a digital service and other Products) entered into or concluded between the Customer and the Seller via the Online Shop.
1.4.16. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop, which is not a Product.
1.4.17. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.18. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
1.4.19. ORDER – a declaration of intent by the Customer made via the Order Form and intended directly to conclude a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following electronic services are available on the Online Shop: Blog, Contact Form, Order Form, Account and Newsletter.
2.1.1. The Blog can be viewed by going to the "Blog" tab visible in the Online Shop. The Blog is available free of charge to all visitors to the Online Shop without the need to provide any data or perform any other actions. As part of the blog, the Service Provider publishes articles related to the subject matter of the Online Shop and the Products.
2.1.1.1. The Service Recipient may cease using the Blog at any time and without giving any reason by closing the web browser.
2.1.2. Contact Form – the use of the Contact Form begins once the Customer has completed two consecutive steps: (1) navigating to the ‘Contact’ tab and (2) clicking the ‘Send’ button on the Online Shop page after filling in the Contact Form. In the Contact Form, the Service Recipient must provide the following data: first and last name, e-mail address and the content of the enquiry. For more efficient service, the Service Recipient may also provide the following data: first and last name, contact telephone number and the content of the enquiry.
2.1.2.1. The Electronic Service Contact Form is provided free of charge and is a one-time service that ends when a message is sent through it or when the Service Recipient stops using it earlier.
2.1.3. Order Form – use of the Order Form begins when the Customer adds the first Product to the online shopping basket in the Online Shop. An Order is placed once the Customer has completed two consecutive steps – (1) filling in the Order Form and (2) clicking the “Buy and pay” button on the Online Shop’s website after completing the Order Form – up to this point, it is possible to amend the details entered (to do this, please follow the on-screen prompts and the information available on the Online Shop website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and VAT number.
2.1.3.1. The Electronic Order Form service is provided free of charge and is a one-time service, ending upon the submission of an Order via the Order Form or upon the Service Recipient's earlier discontinuation of the Order submission process via the Order Form.
2.1.4. Account – the Account can be used once the User has completed the following two steps: (1) filling in the Registration Form, (2) clicking the ‘Register’ button. In the Registration Form, the Service Recipient must provide the following data: e-mail address and password.
2.1.4.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular by e-mail to the following address: biuro1@truckbp.pl or in writing to the following address: Spławie 60A, 62-590 Golina.
2.2. Technical requirements necessary to use the IT system employed by the Service Provider: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) the latest version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the storage of cookies and JavaScript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data that is consistent with the facts. The user is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint procedure for Electronic Services is specified in section 6 of the Terms and Conditions. 3.1.
3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 3.2. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.3. 3.1.
3.2. The price of the Product or remuneration for the product displayed on the Online Store website is given in Polish zlotys and includes taxes. The total price or remuneration, including taxes; and where the nature of the Product does not, on reasonable assessment, allow for the amount to be calculated in advance – the method by which it will be calculated; as well as delivery costs (including charges for transport, delivery or postal services) and other costs, and where the amount of such charges cannot be determined – the obligation to pay them; the Customer is informed of this on the Online Shop’s website, including during the placing of the Order and at the moment the Customer expresses their intention to be bound by the Sales Contract. In the case of a Product Sales Agreement concluded for an indefinite period or covering a subscription, the Seller shall specify, in the same manner, the total price or remuneration covering all payments for the billing period, and where the Sales Agreement provides for a fixed rate, the total monthly payments as well.
3.3. In the case of Products described as second-hand or substandard, the Seller shall not be liable for any lack of conformity of the Product with the contract in terms of scope, quantity, durability, safety, packaging, accessories and instructions that a consumer Customer might reasonably expect, provided that the consumer Customer was expressly informed, at the latest at the time of concluding the contract, that a specific feature of the Product deviates from the above-mentioned requirements for conformity with the contract, and expressly and separately accepted the absence of that specific feature of the Product.
3.4. Procedure for concluding a Sales Contract in the Online Store using the Order Form
3.4.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.3. 3.1.
3.4.2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.5. The terms of the Sales Agreement are recorded, secured and made available to the Customer by (1) publishing these Terms and Conditions on the Online Shop’s website and (2) sending the Customer the email referred to in clause 3.4.2. 3.1. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment by bank transfer to the Seller's bank account.
4.1.4. Electronic payments and card payments via PayU.pl – the current payment methods available are listed on the Online Shop’s website under the ‘Payment Methods’ tab and on the website http://www.payu.pl.
4.1.4.1. Settlements of transactions by electronic payments and payment card are carried out in accordance with the Customer's choice via the PayU.pl service. Electronic and payment card payments are handled by:
4.1.4.1.1. PayU.pl – PAYU SPÓŁKA AKCYJNA, a company based in Poznań (registered office address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files held by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital of PLN 7,789,000.00, fully paid up; Tax Identification Number (NIP): 7792308495, National Business Registry Number (REGON): 300523444.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, they are required to make the payment within 7 calendar days of the date on which the Sales Agreement is concluded.
4.2.2. If the Customer chooses to pay in cash on delivery or in cash upon personal collection, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Product delivery to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the Order placement process, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier delivery, cash on delivery courier delivery.
5.4.2. Pallet delivery.
5.4.3. Collection in person is available at: Spławie 60A, 62-590 Golina – on weekdays, between 8.00 am and 4.00 pm.
5.5. The delivery time for the Product to the Customer is up to 7 Business Days, unless a shorter delivery time is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 7 working days. The start of the Product delivery period to the Customer is calculated as follows:
5.5.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the payment shall be deemed to have been made on the date on which the Seller’s bank account or settlement account is credited.
5.5.2. If the Customer chooses to pay by cash on delivery, from the date on which the Sales Agreement is concluded.
5.6. Date on which the Product is ready for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection within 3 working days, unless a shorter timeframe is specified in the Product description or when placing the Order. In the case of Products with different readiness dates, the readiness date shall be the longest date specified, which, however, may not exceed 3 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The start of the period of readiness of the Product for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the payment shall be deemed to have been made on the date on which the Seller’s bank account or settlement account is credited.
5.6.2. If the Customer chooses to pay in cash upon collection in person – from the date on which the Sales Agreement is concluded.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6. These Terms and Conditions set out the procedure for handling complaints, which applies to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints relating to the Seller’s operations or the Online Shop.
6.2. Complaints may be submitted, for example:
6.2.1. in writing to the following address: Spławie 60A, 62-590 Golina;
6.2.2. in electronic form via e-mail to the following address: biuro1@truckbp.pl.
6.3. The Product may be sent or returned as part of a complaint to the following address: Spławie 60A, 62-590 Golina.
6.4. It is recommended that the complaint description include: (1) information and details regarding the subject of the complaint, in particular the nature and date of the defect or breach of contract; (2) a request for the matter to be brought into conformity with the contract, or a statement regarding a price reduction, withdrawal from the contract, or any other claim; and (3) the contact details of the person making the complaint – this will facilitate and expedite the handling of the complaint. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the complainant changes their contact details during the complaint handling process, they are obliged to notify the Seller thereof.
6.6. The complainant may attach evidence (e.g. photographs, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this facilitates and speeds up the processing of the complaint by the Seller.
6.7. The seller will respond to the complaint without delay, and no later than 14 calendar days from the date of receipt.
6.8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002. (Journal of Laws No. 144, item. 1204, as amended). Below is additional information regarding the Seller's statutory liability for the conformity of the Product with the Sales Agreement:
6.8.1. In the event of a complaint regarding a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller by 31. December 2022, the provisions of the Civil Code in force until 31 December 2022 shall apply, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.
6.8.2. In the event of a complaint regarding a Product – a movable item (including a movable item with digital components), excluding, however, a movable item that serves solely as a medium for digital content – purchased by the Customer under a Sales Agreement concluded with the Seller from 1. January 2023, are set out in the Consumer Rights Act, as amended with effect from 1. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Contract. Sections 43a–43g of the Consumer Rights Act. 6.9.
In addition to statutory liability, a warranty may be granted for the Product – this is contractual (additional) liability and can be used when the Product is covered by the warranty. In addition to statutory liability, a warranty may be provided for the Product – this constitutes contractual (additional) liability and may be invoked where the Product in question is covered by a warranty. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g. in the warranty card or elsewhere concerning the granting of the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal protection at the expense of the Seller and that the warranty does not affect these legal protection measures. 6.10.
The provisions concerning the consumer contained in points 6.8.2. of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity. The provisions of these Terms and Conditions relating to consumers also apply to a Customer who is a natural person entering into a contract directly related to their business activities, where it is clear from the content of that contract that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
7.1. Methods of resolving disputes without going to court include, amongst others, (1) facilitating a rapprochement between the parties’ positions, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration tribunal). Detailed information regarding the options available to customers who are consumers for the out-of-court resolution of complaints and the pursuit of claims, the rules governing access to these procedures, and a user-friendly search tool for entities specialising in amicable dispute resolution can be found on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. The President of the Office of Competition and Consumer Protection oversees a contact point whose remit includes providing consumers with information on the out-of-court resolution of consumer disputes. Consumers can contact the office: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. Consumers have the following options for using out-of-court complaint handling and redress mechanisms: (1) submitting a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Authority; or (3) assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. et al. (Consumer Federation, Association of Polish Consumers). Advice is available via email at porady@dlakonsumentow.pl and via the consumer helpline on 801 440 220 (the helpline is open on weekdays from 8.00 am to 6.00 pm; call charges apply according to your operator’s rates).
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in clause 8.7. 3.1. To meet the deadline, it is sufficient to send the statement before it expires. A notice of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: Spławie 60A, 62-590 Golina;
8.1.2. in electronic form via e-mail to the following address: biuro1@truckbp.pl.
8.2. Product returns – movable goods (including movable goods with digital components) in connection with the withdrawal from the contract may be sent to the following address: Spławie 60A, 62-590 Golina.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in section 13. 3.1. The consumer may use the standard form, but this is not compulsory.
8.4. The period for withdrawing from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer ownership of it – from the moment the Product is taken into possession by the consumer or a third party designated by them other than the carrier; and in the case of a contract which: (1) covers multiple Products which are delivered separately, in batches or in parts – from the time the last Product, batch or part is taken into possession; or (2) involves the regular delivery of Products for a specified period – from the time the first Product is taken into possession;
8.4.2. for other contracts – from the date the contract is concluded.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6. Products – movable property, including movable property with digital components:
8.6.1. The seller is obliged to refund the consumer, without delay and no later than within 14 calendar days of receiving the consumer’s notice of withdrawal from the contract, all payments made by the consumer, including the costs of delivering the Product – a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Shop). The seller shall refund the payment using the same payment method as that used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not entail any costs for them. In the case of Products – movable goods (including movable items with digital components) – if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they have received the Product back or the consumer has provided proof of its return, whichever occurs first.
8.6.2. In the case of Products – movable goods (including movable items with digital components) – the consumer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it without delay, and no later than within 14 calendar days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, you simply need to return the Product before it expires.
8.6.3. The consumer is liable for any reduction in the value of the Product – a movable item (including a movable item with digital components) – resulting from its use in a manner that goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.7. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is required to bear:
8.7.1. In the case of Products – movable goods (including movable goods with digital components) – if the consumer has chosen a method of delivery other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to reimburse the consumer for any additional costs incurred.
8.7.2. In the case of Products – movable goods (including movable goods with digital components) – the consumer bears the direct costs of returning the Product. In the case of products that cannot be returned by post in the usual way (oversized items), the consumer may incur higher return costs, as shown in the following example price list from one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex
8.7.3. In the case of a service where performance – at the consumer’s express request – began before the expiry of the withdrawal period, a consumer who exercises their right of withdrawal after making such a request is obliged to pay for the services provided up to the point of withdrawal. The amount payable is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount is the market value of the service provided.
8.8. The right to withdraw from a distance contract does not apply to the following types of contracts:
8.8.1. (1) for the provision of services for which the consumer is obliged to pay a price, where the Seller has fully performed the service with the consumer’s express prior consent, and the consumer was informed before the service began that they would lose the right to withdraw from the contract once the Seller had performed the service, and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) where the subject of the service is a Product – a movable item (including a movable item with digital elements) – which is not prefabricated, is manufactured to the consumer’s specifications or is intended to meet their individual needs; (4) where the subject of the supply is a Product – a movable item (including a movable item with digital elements) – which is liable to deteriorate rapidly or has a short shelf life; (5) where the subject of the supply is a Product – a movable item (including a movable item with digital elements) – supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service are Products – movable items (including movable items with digital elements) – which, upon delivery, due to their nature, become inseparably combined with other movable items, including movable items with digital elements; (7) where the subject of the supply is alcoholic beverages, the price of which was agreed upon conclusion of the Sales Contract, and the delivery of which may take place only after 30 days have elapsed, and the value of which depends on market fluctuations over which the Seller has no control; (8) where the consumer has expressly requested that the Seller visit them to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products – movable property (including movable property with digital elements) – other than spare parts necessary for the repair or maintenance – the consumer has the right to withdraw from the contract in respect of the additional services or Products; (9) where the subject of the supply is audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of a public auction; (12) for the provision of services relating to accommodation other than for residential purposes, the carriage of goods, car hire, catering, leisure services, or entertainment, sporting or cultural events, where the contract specifies the date or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, where the Seller has commenced performance with the consumer’s express prior consent, and the consumer was informed prior to the commencement of performance that they would lose the right to withdraw from the contract once the Seller had fulfilled the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) 1 and 2 or Art. 21( 1 of the Consumer Rights Act; (14) the provision of services for which the consumer is obliged to pay a price, where the consumer has expressly requested the Seller to visit them for the purpose of carrying out repairs, and the service has already been fully performed with the consumer’s express and prior consent.
8 September As set out in this section 8. The provisions of the Terms and Conditions relating to consumers apply to contracts concluded on or after 1 January 2021. also to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, where it is clear from the terms of that contract that it is not of a professional nature for that person, as evidenced in particular by the nature of their business activity, as disclosed under the provisions governing the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9. These Terms and Conditions and all provisions contained therein are directed at, and are therefore binding solely on, the Customer or Service Recipient who is not a consumer, and from 1 January 2021 and for contracts concluded from that date, who is not a natural person entering into a contract directly related to their business activity, where it is apparent from the terms of that contract that it is not of a professional nature for that person, as evidenced in particular by the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of the date of its conclusion. In this case, the Customer may withdraw from the Sales Agreement without giving any reason, and such withdrawal shall not give rise to any claims against the Seller on the part of the Customer.
9.3. The Seller’s liability under the warranty for the Product or for the Product’s non-conformity with the Sales Agreement is excluded.
9.4. The seller will respond to the complaint within 30 calendar days of receiving it.
9.5. The Seller reserves the right to restrict the available payment methods, including the right to require full or partial prepayment, irrespective of the payment method chosen by the Customer and whether a Sales Agreement has been concluded.
9.6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service User a written notice to that effect.
9.7. The Service Provider’s/Seller’s liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in respect of any single claim and in respect of all claims taken together – to the amount of the price paid and the delivery costs under the Sales Agreement, but not exceeding one thousand zlotys. The limit referred to in the previous sentence applies to all claims made by the Service User/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where such claims are unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time the contract was concluded and shall not be liable for loss of profits. The seller is also not liable for any delay in the delivery of the parcel.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be referred to the court having jurisdiction over the Seller’s/Service Provider’s registered office.
10. PRODUCT REVIEWS
10.1. The Seller does not allow its customers to post or view reviews of the Products or the Online Shop.
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE TERMS AND CONDITIONS
11.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act in relation to the Online Shop and the Service Provider. As a general rule, the Customer is not required to provide any information when using the Online Shop, unless the Terms and Conditions require the provision of specific details (e.g. information required to place an Order). The Customer may be able to post a review or comment on the Online Shop using the tools provided for this purpose by the Service Provider. Whenever the User provides content, they are obliged to comply with the rules set out in the Terms and Conditions.
11.2. CONTACT POINT – The service provider designates the email address biuro1@truckbp.pl as the single point of contact. The contact point facilitates direct communication between the service provider and the authorities of the Member States, the European Commission and the Digital Services Board, whilst also enabling service recipients (including service users) to communicate directly, quickly and easily with the service provider by electronic means, for the purposes of applying the Digital Services Act. The service provider specifies Polish as the language for communication with its contact point.
11.3. Procedure for reporting illegal content and actions in accordance with Article Article 16 of the Digital Services Act:
11.3.1. Any person or entity may notify the Service Provider via the email address biuro1@truckbp.pl of the presence of specific information which they consider to be Illegal Content.
11.3.2. The application should be sufficiently specific and properly substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the email address provided above, containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Illegal Content, in accordance with the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the offences referred to in Article 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
11.3.3. The notification referred to above shall be deemed to constitute grounds for acquiring actual knowledge or information for the purposes of Article Article 6 of the Digital Services Act in relation to the information concerned, where it enables a service provider acting with due diligence to determine – without a detailed legal analysis – the unlawful nature of the activity or information in question.
11.3.4. If the notification includes the electronic contact details of the person or entity that submitted it, the Service Provider shall, without undue delay, send that person or entity confirmation of receipt of the notification. The service provider shall also notify that person or entity without undue delay of its decision regarding the information to which the notification relates, providing details of the right to appeal against the decision.
11.3.5. The service provider shall consider all reports received through the mechanism referred to above and shall take decisions regarding the information to which the reports relate in a timely, non-arbitrary and objective manner, exercising due diligence. If the Service Provider uses automated means for the purposes of such processing or decision-making, it shall include information on this in the notice referred to in the previous paragraph.
11.4. Information regarding the restrictions imposed by the Service Provider in connection with the use of the Online Shop, with regard to information provided by Service Users:
11.4.1. The following rules apply to the Customer when submitting any content via the Online Shop:
11.4.1.1. the obligation to use the Online Shop, including the posting of content (e.g. (including in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and accepted standards of conduct, whilst respecting the personal rights, copyright and intellectual property rights of the Service Provider and third parties;
11.4.1.2. the obligation to publish content that is factual and not misleading;
11.4.1.3. a prohibition on providing unlawful content, including a prohibition on providing Illegal Content;
11.4.1.4. a ban on sending unsolicited commercial messages (spam) via the Online Shop;
11.4.1.5. a ban on posting content that breaches generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Shop’s website, in particular copyright or the necessary licences, permissions and consents for their use, distribution, sharing, or publication, in particular the right to publish and distribute on the Online Shop and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
11.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s IT systems, the Online Shop or third parties.
11.4.2. The Service Provider reserves the right to moderate content uploaded by Users to the Online Shop website. Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own initiative or in response to a report received, with the aim of detecting, identify and remove Illegal Content or other content that breaches the Terms of Service, or to prevent access to such content, or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms of Service.
11.4.3. The moderation process may be carried out manually by a person or rely on automated or semi-automated tools that assist the Service Provider in identifying Illegal Content or other content that breaches the Terms of Service. Once such content has been identified, the Service Provider shall decide whether to remove it or block access to it, or otherwise restrict its visibility, or take any other measures it deems necessary (e.g. contacts the Service User to clarify any concerns and amend the content). The Service Provider shall inform the Service User who provided the content (where the Service Provider has their contact details) in a clear and easily understandable manner of its decision, the reasons for that decision, and the available options for appealing against it.
11.4.4. In exercising its rights and fulfilling its obligations under the Digital Services Act, the service provider is required to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.
11.5. Any comments, complaints, claims, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a report received, or regarding a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions, may be submitted in the same manner as the complaints procedure set out in clause 6. 3.1. This procedure is free of charge and allows you to submit complaints electronically to the email address provided. The use of the procedure for lodging and handling complaints is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect their other rights.
11 June The Service Provider shall consider all comments, complaints, claims, appeals or objections regarding decisions or other actions or omissions taken by the Service Provider on the basis of a report received or a decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not unlawful or in breach of the Terms and Conditions, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of, or blocking access to, the content, or otherwise restricting its visibility, or take such other action as it deems necessary.
11 July Service users, individuals or entities who have reported Illegal Content, and to whom the Service Provider’s decisions regarding Illegal Content or content that breaches the Terms and Conditions are addressed, have the right to choose any out-of-court dispute resolution body certified by the coordinator for the Member State’s digital services to resolve disputes concerning those decisions, including in relation to complaints that have not been resolved through the Service Provider’s internal complaints-handling system.
12. FINAL PROVISIONS
12.1 Contracts concluded via the Online Shop are drawn up in Polish.
12.2. Amendment to the Rules and Regulations:
12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation; changes to payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes to the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counter an unforeseen and immediate threat to the protection of the Online Shop, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. Notice of proposed changes shall be given at least 15 days prior to the date on which such changes come into effect; however, a change may be implemented without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat relating to the protection of the Online Store, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the two cases referred to in the previous sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer implementation period, in which case the Service Provider shall give notice in each instance.
12.2.3. In the case of ongoing contracts (e.g. provision of the Electronic Service – Account), the Customer is entitled to terminate the contract with the Service Provider before the expiry of the notice period regarding the proposed changes. This decision shall take effect 15 days after the date of receipt of the notification. In the case of a continuing contract, the amended Terms and Conditions shall be binding on the Customer provided that they have been duly notified of the changes in accordance with the notice period prior to their introduction and have not terminated the contract during that period. In addition, at any time after receiving notification of the changes, the Customer may accept the changes and thereby waive the remainder of the notice period. In the case of contracts other than ongoing contracts, any amendments to the Terms and Conditions shall in no way affect the rights acquired by the Customer prior to the date on which such amendments come into force; in particular, such amendments shall not affect Orders that have already been placed or submitted, or Sales Contracts that have been concluded, are being performed, or have been fulfilled.
12.2.4. Should any amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing charges, the consumer has the right to withdraw from the contract.
12.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; and the Act on the Provision of Electronic Services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
13. MODEL WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form (please complete and return this form only if you wish to withdraw from the contract)
– To:
TRUCK BP Partnership Łamanowska-Liskowska, Kucharski
Spławie 60A, 62-590 Golina
truckbp.pl
biuro1@truckbp.pl
– I/We(*) hereby give notice of my/our withdrawal from the contract of sale for the following goods(*) the contract for the supply of the following goods(*) the contract for specific work involving the manufacture of the following goods(*)/the provision of the following service(*)
– Date of contract conclusion(*)/delivery(*)
– The consumer’s (or consumers’) full name
– The consumer(s)’ address
– Signature of the consumer(s) (only if the form is submitted in paper format)
– Date
(*) Delete as appropriate.
