- Contact details:
AERO BAY ART DOMINIK BAJ
JELNA 52, 37-310 NOWA SARZYNA
e-mail: firstname.lastname@example.org tel: +48 723 621 635
- Address for complaints:
AERO BAY ART DOMINIK BAJ
JELNA 52, 37-310 NOWA SARZYNA
e-mail: email@example.com tel: +48 723 621 635
- Proof of purchase – an invoice, bill or receipt issued in accordance with the Act of 11 March 2004 on goods and services tax (as amended).
- Delivery – a type of transport service, with a carrier and cost identified, shown in the delivery pricelist available at firstname.lastname@example.org.
- Product Card – a single sub-page of the AN2PARTS Platform about an individual product.
- Client – an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality, but having legal capacity, making a purchase from the Seller directly related to its business or professional activity, having an appropriate contract signed with the Seller.
- Civil Code – the Act of 23 April 1964 – Civil Code (as amended).
- Code of Good Practices – a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices (as amended).
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
- Cart – a list of products from among the products offered on the AN2PARTS Platform, compiled based on the Buyer’s decisions.
- Buyer – both the Consumer and the Client.
- Time of Receipt of Item – the time when the Buyer or a person indicated by the Buyer receives the item.
- ODR Platform – an EU website operated under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/.
- Payment – a method of payment for the subject matter of a contract.
- Authorised Entity – entity authorised for the out-of-court settlement of consumer disputes within the meaning of the Act of 23 September 2016 on the out-of-court settlement of consumer disputes (as amended).
- Consumer Law – the Act of 30 May 2014 on consumer rights.
- Product – an item that may be the subject of an order and that is indicated on the Seller’s AN2PARTS Platform as a unit of measure when determining the price.
- Subject matter of the contract – products and delivery covered by a contract.
- UOKiK Register – the register of authorised entities kept by the Office of Competition and Consumer Protection pursuant to the Act of 23 September 2016 on the out-of-court settlement of consumer disputes (as amended), available at: Click to see.
- Item – a movable item that may be or is the subject matter of a contract.
- AN2PARTS Platform – a website available at www.an2parts.com for the Buyer to place an order.
AERO BAY ART DOMINIK BAJ
JELNA 52, 37-310 NOWA SARZYNA
- System – a set of cooperating IT devices and software enabling processing and storage, as well as sending and receiving data via telecommunications networks by using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
- Contract – a contract concluded outside the business premises or at a distance within the meaning of the Act of 30 May 2014 on consumer rights in the case of Consumers, and a sales contract within the meaning of Article 535 of the Act of 23 April 1964 – Civil Code in the case of Clients.
- Physical Defect – incompatibility of the Item sold with the Contract, in particular if the Item:
- does not have the properties that such Item should have, given its purpose specified in the Contract, or resulting from circumstances or its designation;
- does not have the properties of whose existence the Seller assured the Consumer;
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the Contract, and the Seller did not raise any objections to such designation of the Item
- was incomplete at the time when handed over to the Client ;
- if installed and put into operation incorrectly by the Seller or a third party for whom the Seller is liable, or by the Consumer who acted according to the Seller’s instructions;
- it does have the properties whose existence was assured by the producer or its representative or a person who markets the Item as part of their business operations, or a person who purports to be the producer by placing their name, trademark or other distinguishing marking on the Item sold, unless the Seller was not aware of these assurances, or could not be aware of them, acting reasonably, or these assurances could not affect the Consumer’s decision to conclude the Contract, or if their contents were rectified before the Contract was concluded.
- Legal Defect – a situation when the Item sold is the property of a third party or is encumbered with a third party right, or if a restriction on the use or disposal of the Item results from a decision or judgement of the competent authority.
- Order – the Buyer’s declaration of intent made via the AN2PARTS Platform, specifying clearly: the type and quantity of products; form of delivery; method of payment which is always set out in a basic contract for the use of the AN2PARTS Platform; and the Place of Receipt of Item, the Buyer’s data, and aimed directly at the conclusion of the Contract between the Buyer and the Seller.
- The Contract is concluded in Polish under Polish or English law and in accordance with these Regulations.
- The Seller undertakes to provide defect-free services and Items.
- The Order is confirmed by notifying the Buyer of its acceptance via the e-mail address indicated by the Buyer.
- The Seller allows the Buyer to access the AN2PARTS Platform via available browsers
- The Buyer uses the data storage option offered by the AN2PARTS Platform to facilitate the process of placing subsequent orders after the Contract with the Buyer is concluded. For this purpose, the Buyer provides the login and password necessary to access the account. The Buyer may access, modify and update the data and delete the account on the AN2PARTS Platform at any time.
- The Seller undertakes to comply with the Code of Good Practices.
- Orders may be placed 24 hours a day.
- The Contract with the Consumer is concluded upon placing the Order.
- The Contract with the Client is concluded upon the Order being accepted by the Seller, of which the Seller notifies the Client no later than 10 days of placing the Order.
- The completion of the Client’s Order may be dependent upon full or partial payment of its value or upon obtaining trade credit limit at least equal to the value of the Order, or the Seller’s consent to sending the Order on deferred payment terms agreed upon concluding the Contract.
- The subject matter of the Contract is sent within a period allowing for the Order’s completion based on product availability.
- The purchased subject matter of the Contract is sent, along with the sales note selected by the Buyer, using the delivery method chosen by the Buyer, to the Place of Receipt of Item indicated by the Buyer in the Order along with required documents.
- Pursuant to Article 27 of Consumer Law, the Consumer is entitled to renounce a distance contract, without giving any reason and at no cost, except for the costs referred to in Articles 33 and 34 of Consumer Law.
- The distance contract may be renounced within 14 days of receiving the Item. The deadline is considered met if a statement is sent before the lapse of such deadline.
- The statement of renouncement may be made by the Consumer on a form, the template of which is enclosed as Schedule 2 to Consumer Law.
- The Seller will promptly confirm receipt of the statement of renouncement by sending information to the Buyer’s e-mail address or to another e-mail address (if provided in the statement).
- If renounced, the Contract is deemed never concluded.
- The Consumer is required to return the Item to the Seller immediately, but no later than 14 days of renouncement. The deadline is considered met if the Item is sent back before the lapse of such deadline.
- The Consumer sends back the Items subject to the renounced Contract at the Consumer’s expense.
- The Consumer is liable for any decrease in the value of the Item subject to the Contract where such decrease results from using the Item in a manner falling beyond the scope necessary to establish the nature, features and functioning of the Item.
- The Seller will immediately, but no later than 14 days of receiving the statement of renouncement made by the Consumer, return all the payments made by the Consumer, including the cost of delivery of the Item, and if the Consumer chooses a method of delivery other than the least expensive standard delivery offered by the Seller, the Seller will not reimburse the Consumer for the additional costs in accordance with Article 33 of Consumer Law.
- The Seller will return the payment using the same payment method as the one used by the Consumer, unless the Consumer expressly agrees to another payment method that does not involve any costs to the Consumer.
- The Seller may withhold the refund of the payment received from the Consumer until the Seller receives the Item or the Consumer presents evidence of sending it back, whichever is earlier.
- Pursuant to Article 38 of Consumer Law, the Consumer has no right to renounce the Contract:
- if the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for renouncement;
- if the subject of the service is a non-prefabricated Item manufactured according to the Consumer’s specifications or serving to meet the Consumer’s individual needs;
- if the subject of the service is an Item delivered in sealed packaging that cannot be returned once the packaging is opened for health protection or hygiene reasons, in case the packaging is opened after delivery;
- if the subject of the service is an Item which, by its nature, is inseparably mixed with other Items after delivery;
- Pursuant to Article 558(1) of the Civil Code, the Seller excludes full liability to Clients for Physical and Legal Defects (warranty).
- The Seller is liable for defects to the Consumer pursuant to Article 556 et seq. of the Civil Code.
- If the Contract is concluded with the Consumer and if the Physical Defect is detected within a year since the Time of Receipt of Item, it is assumed that it existed at the time of transferring the risk to the Consumer.
- If the Item sold is defective, the Consumer may:
- request a price reduction;
- make the statement of renouncement; unless the Seller – immediately and without undue inconvenience to the Consumer – replaces the defective Item with a defect-free one or removes such defect.
- The Consumer may, instead of having the defect removed as proposed by the Seller, require that the Item be replaced with a defect-free one, or demand removal of the defect instead of its replacement, unless bringing the Item into compliance with the Contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller.
- The Consumer is not entitled to renounce the Contract if the defect is insignificant.
- If the Item sold is defective, the Consumer may also:
- request that the Item be replaced with a defect-free one;
- request that the defect be removed.
- The Seller is required to replace the defective Item with a defect-free one or remove such defect in a reasonable time, without undue inconvenience to the Consumer.
- The Seller may reject the Consumer’s request if bringing the defective Item into compliance with the Contract in the manner selected by the Consumer is impossible or, compared to the other possible method of achieving such compliance, would entail excessive costs.
- The Consumer who exercises the warranty rights is obliged to deliver the defective Item at the Seller’s expense to the address for complaints, and if – due to the nature of the Item or the manner of assembly – its delivery by the Consumer is extremely difficult, the Consumer is obliged to make the Item available to the Seller in the place where the Item is located. If the Seller fails to discharge the obligation, the Consumer is authorised to send the Item back at the Seller’s expense and risk.
- The Seller is obliged to accept the defective Item from the Consumer if it is replaced with a defect-free one or if the Contract is renounced.
- Within 14 days, the Seller will respond to the request for a price reduction, the statement of renouncement, the request for replacing the Item with a defect-free one and the request for removing the defect made under Article 561/5 of the Civil Code. Within thirty days (Article 7a of Consumer Law), the Seller will respond to any other statement of the Consumer not covered by the 14-day period laid down in the Civil Code. Otherwise, the Seller will be deemed to consider the Consumer’s statement or request legitimate.
- The Seller is liable under the warranty if the Physical Defect is detected within two years of receiving the Item by the Consumer, and if the subject of the sale is a used Item – within one year of receiving the Item by the Consumer.
- The Consumer’s claim for removing a defect or for replacing the sold Item with a defect-free one will expire one year after detecting the defect, but no earlier than within two years of receiving the Item by the Consumer, and if the subject of the sale is a used Item – within one year of receiving the Item by the Consumer.
- Within the deadlines set above, the Consumer may make the statement of renouncement or the request for a price reduction due to the Physical Defect of the Item sold, and if the Consumer requested replacing the Item with a defect-free one or removing the defect, the deadline for making such statement or request starts running upon ineffective expiry of the deadline for replacing the Item or removing the defect.
- If a warranty right is sought before a court or arbitration tribunal, the deadline for exercising other rights held by the Consumer in that respect is suspended until the final completion of the proceedings. This applies accordingly to mediation proceedings, whereby the deadline for exercising other warranty rights held by the Consumer starts running from the date of the court’s refusal to approve a settlement agreement concluded before a mediator, or from the ineffective termination of such mediation proceedings.
- The rights under the warranty for the Legal Defects of the Item sold are subject to the same deadlines which start running from the date of the Consumer becoming aware of the defect, and if the Consumer becomes aware of such defect only as a result of a third party lawsuit – from the effective date of the judgement rendered in a dispute with a third party.
- If – due to the defect of the Item – the Consumer makes the statement of renouncement or request for a price reduction, the Consumer may claim compensation for the damage suffered as a result of having executed the Contract without being aware of the defect, even if the damage results from circumstances for which the Seller is not liable, in particular the Consumer may request reimbursement of the cost of executing the Contract, the cost of receiving, transporting, storing and insuring the Item, reimbursement of expenses to the extent in which they did not generate benefits to the Consumer, and the Consumer did not receive their refund from a third party and reimbursement of the trial costs. This is without prejudice to provisions laying down the obligation to repair the damage on a general basis.
- The lapse of any deadline for detecting the defect does not exclude the warranty rights if the Seller fraudulently conceals the defect.
- The Controller of personal data is the Seller whose identification and contact details are set out in these Regulations. Personal data are processed by the Controller in accordance with applicable law to perform the sales contract.
- For the purposes of placing the Order and concluding the sales contract or a newsletter subscription contract, the Buyer is required to consent to the processing of their personal data for the purposes set out above. By accepting these Regulations, the Buyer or the newsletter subscriber give their consent to the processing of their personal data for such purposes.
- Providing personal data is voluntary, but necessary to place the Order and conclude the sales contract. The processing of personal data is necessary to perform the contract to which the Buyer or newsletter subscriber is a party.
- The legal basis for the processing of your personal data by the Controller is:
- a) the need to perform contracts concluded by the Controller, and to take steps at the request of the Buyer prior to entering into the contracts (Article 6(1) (b) of the GDPR);
- b) the need to comply with a legal obligation to which the Controller is subject (Article 6(1) (c) of the GDPR),
- c) consent of the data subject to the processing of their personal data for marketing purposes, including sending commercial information (Article 6(1) (a) of the GDPR).
- The personal data provided by the Buyer are processed only for the purposes described in Clause 1, unless the Buyer has explicitly expressed additional consent to the processing of their personal data for other purposes, e.g. commercial, advertising or marketing purposes.
- The Controller declares that the Buyer’s personal data may be transferred, depending on the selected order delivery and payment method, to an external order delivery or payment service provider.
- The personal data stored in order to conclude or perform the contract and fulfil the legal obligation by the Controller will be stored for the term of the contract (newsletter subscription) and for the period necessary to:
1) secure or pursue any claims arising from the contract, 2) to provide the Buyer with sales services (complaint handling),
2) discharge the legal obligation imposed on the Controller (under e.g. accounting and tax regulations).
The personal data processed for marketing and other purposes will be processed until consent to their processing is withdrawn or an objection is raised.
- The Buyer or the newsletter subscriber have the right to request access to their personal data from the Controller, the right to rectify, erase or restrict the processing of personal data, the right to object to their processing and the right to their transfer. The Buyer or subscriber also has the right to lodge a complaint with the supervisory authority.
- Consent to these Regulations is necessary for placing the Order via the AN2PARTS Platform.
- In matters related to the completion of the Order, the Buyer may contact the Seller by e-mail at: email@example.com, or by phone at: +48 723 621 635. In matters not covered by these Regulations, general applicable laws apply, in particular the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
- The Seller indicates that all trademarks and names published on the website are used for identification purposes only and may be registered trademarks of their rightful owners.
- Any disputes arising from contracts concluded in accordance with these Regulations with the Buyer, not being the Consumer, are settled by a court of general jurisdiction competent for the Seller.
- The Seller reserves itself the right to amend these Regulations. Amendments to the Regulations come into force 14 days after their publication. Orders placed before the effective date of such amendments are subject to the previous Regulations. The current Regulations are always available to the Buyer on the AN2PARTS page in the “Regulations” tab.
- The Buyer, being the Consumer, may use out-of-court complaint handling and redress methods. Detailed information on these methods and rules for accessing such procedures are available on the premises and websites of county (municipal) consumer ombudsmen, social organisations whose statutory tasks cover consumer protection, Voivodeship Trade Inspection Inspectorates, and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). The online out-of-court settlement of disputes between Consumers and entrepreneurs is enabled by the European ODR Platform available at: http://ec.europa.eu/consumers/odr/.
- The Regulations take effect on…………………………………..
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