raty przez internet leasing przez internet

TERMS AND CONDITIONS OUR WEBSHOP



§ 1.

Designation of seller

The owner of the online store “szwalnia.pl” dealing with purchase of products through the web page www.szwalnia.pl  is Jarosław Banaszczyk Banaszczyk Maszyny Szwalnicze with the headquarters in Łódź on Scaleniowa 1 street, NIP 7291062190, REGON 470323101,
e-mail biuro@szwalnia.pl, telephone number :(42) 212-14-50.
Address for correspondence, parcels feedback and complaints:

Jarosław Banaszczyk Banaszczyk Maszyny Szwalnicze
95-030 Stara Gadka, ul. Czartoryskiego 16
tel. 42 212 14 50
info@szwalnia.pl

§ 2.

Definitions

Definitions used in present regulations means:

  1. Seller or webshop – online shop available at website: www.szwalnia.pl, owned to Jarosław Banaszczyk Banaszczyk Maszyny Szwalnicze with the office in Łódź.
  2. Buyer or customer – consumer or entrepreneur who purchased or placed an order by online shop: www.szwalnia.pl
  3. Consumer – a natural person performing a legal act with the seller, which is not related directly with her economic or professional activity
  4. Entrepreneur – a natural person, legal person or organizational unit without legal personality, which conducting business or professional activity and performing the legal act with the seller in connection with these activities
  5. Terms and conditions – the present regulations
  6. Products – products which is purchased by online store
  7. Price - price including tax for products and services, without an amount representing the amount due for shipping products to the Buyer

§ 3.

General provisions

  1. The subject of sales contracts concluded by means of distance communication are products presented by the Seller through the our Store.
  2. Access to the Store takes places on the basis definite in the terms and conditions and it is free for all customers who has access to the Internet.
  3. Before starting using the online shop, customer is obliged to get acquainted with the Terms and conditions which is available on our web site.
  4. Customer who registered in online shop, confirms that he has read and accepts all the provisions of  the Terms and conditions.
  5. Customer is obliged to comply with the Terms and conditions.
  6. Seller at any time is entitled to change any of the information presented on the website, including the provisions of these Terms and conditions, products and  prices, provided that information and prices shown on the website are binding for customer at the time of order .
  7. In order to use our webshop necessary is:
    a) to have a device with the access to the Internet
    b) to have a web browser and software to browse websites
  8. Seller leads activities through the store to entities resident in the European Union.

§ 4.

Conclusion of the contract of sale

  1. Information presented in our webshop are indicative and does not constitute an offer to sell within the meaning of the Civil Code, and are only an invitation to submit an offer to purchase by customers.
  2. Seller does not guarantee that presented products are available in seller’s stock or supplier's stock.
  3. Seller does not guarantee that, information about delivery presented on the website are correct. Information about execution time are only indicative.
  4. Seller presents Products for sale by website, indicating the essential characteristics (description) of the Products and their price.
  5. All prices presented in online shop are denominated in Polish zloty (PLN) or in Euro (EUR), depending on the selected display options.
  6. Prices presented in traditional shop can be differ from that presented on our website.
  7. Prices of products presented on the online shop do not contain cost of delivery. Delivery costs are presented in “Terms of delivery” on our website.
  8. Prices listed on the website include cost of single packaging and preparation to one shipment.
  9. For each order, the Seller shall issue a receipt or an VAT invoice. Seller shall issue a VAT invoice only at the express request of the Buyer, submitted within the prescribed period.
  10. The Buyer agreed to issue an invoice without his signature.
  11. Orders can be placed in our website 24 hours a day, seven days a week.
  12. Placing an order requires from the Purchaser in particular, choose of products, quantity, method of payment and delivery and data necessary to proceed the order such as: name and surname (company name), buyer's address, delivery address, contact phone number and any other information that is necessary for proper order and delivery. In the case of Purchasers who are entrepreneurs, they are also required to specify VAT registration number and company name if they wish to receive a VAT invoice.For any damage caused by a false or misleading information referred to in point. 12, the responsibility bear the Buyer.
  13. For any damage caused by giving false or misleading information that referred to in point: 11, the responsibility borne by the Buyer.
  14. Placing an order is not tantamount to its adoption.
  15. Properly completed order after accepting the provisions of these Regulations, is an offer to purchase referral to the Seller and entitles him (once adopted), to send the ordered products to the address indicated in the order.
  16. Conclusion of the sales contract follows at the moment when Seller confirm acceptance of the order placed by the buyer. The Seller shall promptly inform Buyer of acceptance of the order by sending his confirmation to the e-mail address specified in the contract, but no later than within 14 days from the date of receipt of the order.
  17. The Seller reserves that order, the adoption of which is not confirmed will not be realized.
  18. In case of any inaccuracies in the contents of the confirmation of the order, the Buyer is obliged to immediately contact the Seller by e-mail or phone in order to resolve discrepancies.
  19. In case enter by buyer incorrect data in the order form, seller shall attempt to contact the buyer to correct them. If the contact with the buyer or improvement of data will not be possible, the vendor does not confirm the order, and therefore the contract of sale does not take place. The Seller shall if it possible, to inform the Buyer about this fact.

§ 5.

Method of payment

  1. The Seller accepts following methods of payment:
    a) payments through DOTPay,
    b) cash, credit card, debit card at the headquarters of the Seller,
    c) cash on delivery, payment on delivery,
    d) bank transfer.
  2. The Buyer is obliged to make the payment at the time of placing the order, except for the choice payment method: cash on delivery or pick your own.
  3. Realization of the order begins after the impact of measures (confirmation of their impact) to the Seller, except for the choice of payment on delivery.
  4. In case of choice payment method: of cash on delivery, the maximum amount of order equals: 5 000,00 PLN. (five thousand PLN).
  5. In a case which the seller refuses to confirm the order, the customer receive payment back. Seller sends money back only to the client's bank account.

§ 6.

Delivery

  1. While placing an order buyer chooses the method of delivery from the list specified by Seller.
  2. Any delivery of ordered products takes place at the buyer's expense. Postage costs are published in our webshop in section: "Conditions of delivery".
  3. The final cost of order comprising: prices of products and cost of delivery, is referred by Customer during placing the order.
  4. The term of realization of order could not exceed 7 days, from receipt of order confirmation by Buyer.
  5. In case of delay in realization of order due to: out of stock products or for other reasons, the Seller will inform Buyer about this fact. Customer can according to his own choice: cancel the order, or wait for accomplishment order at a later time. Customer sends information about his own choice by email.
  6. The buyer is obliged to check on delivery in the presence of the supplier that packaging was not damaged, or was not open during transport, and also check the contents of the shipment to confirm whether the contents of the shipment corresponds to the content of the order in terms of quantity and quality. In the event of damage of shipment or non-conformity with the order, the buyer is obliged to draw up the relevant protocol and immediately contact with the Seller.
  7. Acknowledgement of shipment must be personally in signed in the presence of supplier. After delivery of the shipment, Buyer takes the all risks associated with damage or lose the shipment.
  8. In case own pickup order by buyer, he will receive confirmation of order and he will be informed by the Seller about the date and place of reception.

§ 7.

Responsibility and Complaints

  1. The Seller provides its own warranty on the products presented in the store. The detailed provisions are specified in the warranty document.
  2. The Seller provides its own warranty for products presented in the store. The detailed provisions are specified in the warranty document.
  3. The complaint must be written on notification form, that is attached as appendix no. 1 of Terms and conditions.
  4. Customer must attach to complaint proof of purchase, such as: original receipt or copy of the invoice. Complaints without attached proof of purchase will not be considered.
  5. Warranty conditions and deadlines for their examination, are determined in each case in conditions of warranty, that are supplied to customers together with the products.
  6. The seller is liable under the warranty for defects in products, regulated by Article. 556 et seq of the Act of 23 April 1964. The Civil Code (Dz. U. of 2014 No. 121, as amended), on the terms set out in these regulations. 

§ 8.

Termination

  1. Buyer who is a consumer has the right to terminate the contract and return the purchased products without giving reasons within 14 days of received the shipment - according to article no.27 of the act of 30 May 2014 about consumer rights (Dz. U. of 2014 No. 827 ), provided that the returned products have not signs of damage and it is entire (packet have all security, labels, barcodes and other markings).
  2. The right to terminate the contract may be realized by sending statements about the cancellation at the address: Jarosław Banaszczyk Banaszczyk Maszyny Szwalnicze that is located in Łódz, ul. Czartoryskiego 16, 95 - 030 Gadka Stara or on e-mail adress: info@szwalnia.pl, or by sending fax at number: (42) 299-61-51.
  3. Termination of contract may be submitted on the form, that is attached as Appendix no. 2 to the Terms and conditions. To meet the deadline is enough to send a statement before its expiry.
  4. To terminate contract and consequences of termination, shall be applied the provisions of Article no. 27 et seq of the Act of 30 May 2014. about consumer rights.
  5. If the Seller has issued an invoice, the return of cash will occur within 14 days after receiving from the Buyer a signed copy of the corrected invoice.

§ 9.

Responsibilities

  1. The Seller in the range of properties of product shall not be held liable for:
    a) lost of properties or deterioration of the products due to improper use or storage by the Buyer that is not in accordance with the attached manual.
    b) differences in properties of new and used products (partially consumed)
    c) effects of using product improperly or contrary to the manual.
  2. The seller can publish on the website information (in particular the pictures) on selected products (for example:different sizes, colors), but does not guarantee 100% accordance of colors and shades of the products presented on the photographs and the real products. Seller not responsible for discrepancies caused by the technique of shots or Buyer’s monitor settings.
  3. All concerns related with the presentation of products on the website, should be explain with the Seller before ordering. 
  4. The Seller does not bear responsibility for:
    a) blocking mail servers by administrators and sending message to email address specified by the customer
    b) result of sending incomplete or incorrect information by customer
    transactions made by third parties who gained access to customer’s accounts, as a result of not comply with security rules or disclosure login and password by customer
    d) failures and errors on the website independent from the Seller, including those resulting from the lack of access to the Internet, as well as the necessary technical interruptions.
§ 10.

Canceling of orders, unclaimed shipment

  1. Cancellations of orders will be accepted only in the case of contracts whose adoption was confirmed by the Seller and those in the process of implementation. In the event that the products have been sent (hand on supplier - courier), buyer is obliged to collect the shipment. 
  2. In case of failure to collect the shipment, seller can charge the Buyer with the costs resending the products. The buyer is obliged to pay the outstanding amount on Seller’s account within 14 days from summons. Seller may make withdrawal from the calculation of the fee, but it is depends from explanation the reasons of not receiving the package by customer.

§ 11.

Personal data protection

  1. The seller is administrator of personal data within the meaning of the Act of 29 August 1997. on the Protection of Personal Data (Dz. U. No 133, item 883 with changes) hereinafter an Act.
  2. The Seller is entitled to process personal data of the Buyer from filled in registration form and in placed order pursuant to Art. 23 paragraph no. 1 paragraph no. 3 and paragraph no 4 of the Act, in order to implement the sale agreement, related to direct marketing of products and services Seller and claims arising from its business activities.
  3. The Buyer may agree to transfer business information, including newsletter, electronically.
  4. The Buyer may resign from receiving commercial information and from newsletter, at any time. In order to resign from receiving commercial information, should be sent own resignation on Seller’s email address.
  5. Filling personal data that is necessary to use the webshop and placing orders is entirely voluntary. Refusal in providing personal data may result in the inability of take the legal transaction by the Seller.
  6. The Seller processes the data describing how to use of the Services by the Buyer, in particular:
    designations identifying the Buyer assigned on the basis of the data referred to in paragraph. 2 of this paragraph
    designations identifying ending telecommunications network or operating system that was used by the Buyer
    information about the purchase of Products and Services by the Buyer
  7. Buyers has access to view, modify and delete their personal data at all times.
  8. The Seller on the basis of Art. 31 of the Law on Personal Data Protection, may delegate the processing of personal data of the Buyer to others entities.

§ 12.

Cookies

  1. The webshop uses cookies files.
  2. Cookies files (so-called "cookies") are a computer data that is stored on the user terminal devices (PC, laptop, tablet, mobile phone, etc.) and are intended to use web pages of our webshop.
  3. Entity which places cookies and gets access to them is the owner of the website.
  4. Cookies files are used in order to:
    a) adaptation of web content to user preferences.
    b) creation of statistics and analyzes how users use from web pages
    c) keep session, that allow to not enter username and password on every page of our webshop.
  5. The shop allows the use of two types of cookies files: "session" and "fixed". Cookies "session" - are stored on the terminal equipments until user logout, leaving the page or off the web browser. Cookies "fixed" - are stored on the terminal equipments for a specified period of time or until removed by the user.
  6. In the webshop are used cookies: necessary for the proper operation of the site, files need to create statistics and advertising, files need to personalize the user interface and preferences.
  7. In many cases, the Web browser allows by default the storage of cookies on user's terminal equipments. Users can at any time change the settings for cookies and even block them. These changes are available in the settings of the web browser.
  8. Please be advised that restricting the use of cookies may affect some of the functionality available on our website or prevent it from proper functioning.
  9. Cookies files that are stored in the user terminal devices may be used by entities cooperating with the owner of the service and its advertisers.

§ 13.

Final Provisions

  1. In dealing with the customer, the Seller uses the devices for remote communication (including email, phone, fax) as defined in section no. 1 of Terms and conditions.
  2. The Seller has the right to entrust the implementation of the contract to a third person (as a subcontractors).
  3. According to the article 8 paragraph 3 point 2 point b of the Act of 18 July 2002. on the provision of electronic services (Dz.U.2002.144.1204 with amendments) placing by clients on the websites of our store any illegal information or contrary to good practice, is prohibited.
  4. Current terms and conditions are available on the website www.szwalnia.pl.
  5. Terms and conditions that are available on www.szwalnia.pl, do not exclude, limit or suspend the rights of the customers resulting from the Act of 23 April 1964 Civil Code and the Act of 30 May 2014 on consumer rights.
  6. All used visual materials on the website, including trademarks are owned by authorized entities and are used only for informational purposes.
  7. In the event of any dispute, the competent court of law for resolving issues that may arise between the parties is the court of law locally and materially competent for the Seller
  8. In matters not regulated herein applying are the provisions of the Civil Code and the Law on the Rights of the consumer.
  9. Terms and conditions specify the conditions under which the webshop has been selling in the European Union Territory.
  10. Terms and conditions come into force on 6.08.2015 r


Annex 1: Termination of contract




………….., date …………………………………….
(place and date of the declaration)

………………………………………….
………………………………………….
………………………………………….
………………………….………………
(Personal information of consumer: your name,
exact address)

Jarosław Banaszczyk
Banaszczyk Maszyny Szwalnicze
ul. Czartoryskiego 16
95-030 Stara Gadka

CONSUMER STATEMENT ABOUT TERMINATION CONTRACT FROM A DISTANCE

I declare that pursuant to art. 27 of the Act of 30 May 2014 about Consumer Rights (Dz. U. of 2014, No. 827) I withdraws from contracts concluded electronically on …...........................................

With this in mind, due to the placed order with number …................................. in webshop: „www.szwalnia.pl”,
I give back the following products:..…...........................................................................................................................................................................................................................
..…...........................................................................................................................................................................................................................
..…...........................................................................................................................................................................................................................

Please give back my money back at: 

- my bank account number …......................................................................................

in the bank …..................................................................... whose holder is …...............................................


…………………………………….
(full signature of Consumer)




Appendix 2: Complaint Application




………….., date …………………………………….
(place and date of the declaration)


………………………….………………
………………………….………………
………………………….………………

(Personal information of customer: your name,

exact address or company name, address and TAX number)



Jarosław Banaszczyk 
Banaszczyk Maszyny Szwalnicze
ul. Czartoryskiego 16
95-030 Stara Gadka

COMPLAINT APPLICATION

I submit a complaint for the following products purchased on: ………………………

Model: …………………………………………………..……………..

Manufacturer: …………………………………………………………….

Serial number: ………………………………………………………….

Defect of product relies on:

..…...........................................................................................................................................................................................................................
..…...........................................................................................................................................................................................................................
..…...........................................................................................................................................................................................................................

Consequently, I request :

- Repair of products,

- Exchange of products for new

Please give back my money back at: 

- my bank account number …......................................................................................

in the bank …..................................................................... whose holder is …...............................................

To complaint application I attach:

- proof of purchase ……………….............................................……..,

…………………………………….
(full signature of Customer)