Regulations

ONLINE STORE REGULATIONS

I. Definitions

The terms used in the Regulations mean:

1. Customer - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store;

2. Consumer - in accordance with art. 22 [1] of the Civil Code means a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.

3. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

4. Regulations - these Regulations specifying the general terms of sale and the rules for the provision of electronic services as part of the online store https://proengines.eu;

5. Online Store (Store) - a website available at https://proengines.eu, through which the Customer may, in particular, place Orders;

6. Goods - products presented in the Online Store;

7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between BANACZEK Sp. z o.o. and the Customer, concluded using the Store's website;

8. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);

9. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);

10. Order - Customer's declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

II. General provisions

1. These Regulations define the rules for using the online store available at https://proengines.eu.

2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.

3. The PRO engines online shop, operating at https://proengines.eu, is run by BANACZEK Sp. z o.o., St. Wojciecha 37, 80-044, Gdańsk,
NIP: PL9571068326, REGON: 221848236. Registered in the National Court Register under the number 0000455521, kept by the minister responsible for economy.

St. Wojciecha 37, 80-044 Gdańsk, phone: +48 503 302 310, e-mail: info@proengines.eu

4. These Regulations specify in particular:

- rules for registering and using the account as part of the online store;

- the terms and conditions for submitting orders via electronic means as part of the online store;

- the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.

5. Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements: to browse the Store's assortment and place orders, you need a computer or other multimedia device with Internet access and an operating system that allows you to run the browser internet (e.g. Mozilla Firefox, Google Chrome, Opera, Internet Explorer) with Javascript support, as well as an active e-mail account (e-mail).

6. In order to use the online store, the Customer should, on his own, gain access to a computer station or terminal device with Internet access.

7. In accordance with applicable law, BANACZEK Sp. z o.o. reserves the right to limit the provision of services via the Online Store to people over the age of 18. In this case, potential customers will be notified of the above.

8. Customers can access these Regulations at any time via the link on the home page of https://proengines.eu and download it and print it out.

III. Rules for using the Online Store

1. The condition to start using the Online Store is registration under it.

Registration takes place by completing and accepting the registration form, available on one of the Store's websites.

The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.

BANACZEK Sp. z o.o. may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, and in particular when the Customer:

- during registration in the online store, he provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties,

- has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store,

- will commit other behaviors that will be recognized by BANACZEK Sp. z o.o. for behavior inconsistent with applicable law or general principles of using the Internet or harming the good name of BANACZEK Sp. z o.o ..

A person who has been deprived of the right to use the online store may not re-register without the prior consent of BANACZEK Sp. z o.o.

2.In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons. .

3. The customer is obliged in particular to:

- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,

- using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,

- not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,

- using the Online Store in a way that is not inconvenient for other customers and for BANACZEK Sp. z o.o.,

- use of any content contained in the Online Store only for personal use,

IV. Procedure for concluding a Sales Agreement

1. In order to conclude a Sales Agreement via the Online Store, go to the website https://proengines.eu and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.

2. The selection of the ordered Goods by the Customer is made by adding them to the basket.

3. When placing the Order - until the button confirming the Order placement is pressed - the Customer may modify the entered data and the selected Product. To do this, follow the messages displayed to the Customer and the information available on the website.

4. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others a description of the selected goods or services, the total price and all other costs.

5. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.

6. Information about the Goods provided on the Store's website constitute an offer within the meaning of Art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude with BANACZEK Sp. z o.o. Sales contracts, in accordance with the Regulations.
The contract is treated as concluded when the Customer's Order enters the IT system of the Online Store, provided that the Order complies with the Regulations.
After concluding the contract, the Customer receives an e-mail confirming all the essential elements of the Order.

7. The sales contract is concluded in Polish, English or German, with the content in accordance with the Regulations.

8. Customers can access these Regulations at any time via the link on the home page of https://proengines.eu and download it and print it out.

Consolidation, protection and sharing of order data and the General Terms and Conditions (sales regulations) takes place via post

V. Delivery

1. The delivery of the Goods is limited to the countries of the European Union and takes place at the address provided by the Customer when placing the Order. Shipping outside the EU is determined individually.

2. The delivery of the ordered Goods is carried out via:

- Courier company

It is possible to collect the ordered goods in person in our shop: PRO engines, Trakt św. Wojciecha 37, 80-044 Gdańsk, Poland, from 9:00 a.m. to 4:00 p.m. Pickup in person is possible only the next day after placing an order via the website https://proengines.eu ..

The delivery costs are as follows: detailed delivery price list available at: https://proengines.eu/Wysylka-cterms-pol-14.html. In addition, the delivery costs will be indicated at the time of placing the Order.

3. The time of delivery is from 2 to 7 business days and is counted from the date of sending the Order by the Customer.

4. Damage to the Goods caused during delivery.

In the case of a distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods during transport. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. A delay in submitting such a complaint or making contact does not have any consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (point VIII of the Regulations). Faster reporting of noticed damage caused during transport helps us in pursuing our own claims against the carrier or transport insurer.

VI. Prices and payment methods

1. Commodity prices are given in Polish zlotys and include all components, including VAT, customs duties and all other components.

2. The customer has the option to pay the price:

- by bank transfer

- cash on delivery

- payment in the DotPay system *

- payment in the PayPal system

- VISA, MASTERCARD payment card or cash

* Settlements of transactions by credit card and e-transfer are carried out via iAiPay

VII. The right to withdraw from the contract

Model instruction on withdrawal from the contract (goods)
Only the Customer who is a Consumer is entitled to a 14-day withdrawal period. Pursuant to Art. 22 (1) of the Civil Code, a consumer is a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.

The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (PRO engines, Trakt św. Wojciecha 37, 80-044 Gdańsk, info@proengines.eu, Phone: +48 503 302 310) about your decision to withdraw from this contract in by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You can use the model withdrawal form, but it is not obligatory. You can also complete and submit the withdrawal form or any other unequivocal statement by electronic means on our website https://proengines.eu. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail).
To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract. 

Consequences of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
If you have requested the commencement of the provision of services before the deadline to withdraw from the contract, you will pay us an amount proportional to the scope of services provided up to the time on which you informed us of your withdrawal from this contract.
The right to withdraw from the contract by the consumer is excluded in the case of:
Provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of the service that he will lose the right to withdraw from the contract after the entrepreneur has fulfilled the service.

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee of PRO engines, Trakt św. Wojciecha 37, 80-044 Gdańsk, info@proengines.eu, Phone: +48 503 302 310
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper version)
- Date
(*) Delete as appropriate.

VIII. Complaints about the Goods

Applies to the Customer who is a Consumer:

We are obliged to deliver goods free from defects. The statutory liability law for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556 [1] -556 [3] and subsequent of the Civil Code.

Complaints may be submitted:

- in writing to the following address: PRO engines, Trakt św. Wojciecha 37, 80-044, Gdańsk.

- via e-mail to the following address: info@proengines.eu.

- or using the contact form available on the Store's website.

In the case of exercising the rights under the warranty - if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods at our expense to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.

We are responsible under the warranty if a physical defect is found within two years from the date of delivery of the goods to you. In the event that the subject of sale is a used movable item, the liability under the warranty is one year from the date of its release.

In the submitted complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of a request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the contract - if the defect is significant); and (3) providing the contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Store. The recommendations set out in the preceding sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information.

Applies to a Customer who is not also a Consumer:

In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the Online Store's liability under the warranty for defects in the Goods is excluded. This exclusion is ineffective if we insidiously conceal the defect

IX. Additional guarantees when selling Goods in the Store

PRO engines is not a manufacturer of Goods, however all Goods available in the Store are additionally guaranteed by PRO engines as seller. PRO engines shall be liable for the guarantee of the Goods sold under the terms and for the period specified in the guarantee card attached to the Goods.

The manufacturer may be independently liable under the warranty for the sold Goods on the terms and for the period specified in the warranty card issued by the manufacturer. If the manufacturer's warranty document provides for such a possibility, the Customer may also submit his claims under the warranty directly to an authorized service center whose address is included in the warranty card.

All Goods available in the Store are independently liable by PRO engines on the basis of the statutory defect warranty provisions. The guarantee does not exclude, limit or suspend the Customer's rights resulting from the provisions on the warranty for defects in the sold item.

X. Complaints regarding the provision of electronic services

1. PRO engines undertakes actions to ensure that the Online Store works properly, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by customers within a reasonable time.

2. The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report any irregularities related to the functioning of the Store by e-mail to the following address: info@proengines.eu

3. In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of the irregularity.

4. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.

XI. Out-of-court ways of dealing with complaints and redress

1. Please be advised that there are possibilities of using out-of-court complaint and redress procedures. Their use is voluntary and may only take place if both parties to the dispute agree to it.
- The consumer may request the initiation of proceedings for the out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
- The consumer may also apply for a dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate voivodeship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended).
- The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.

2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use extrajudicial means of dealing with complaints, redress and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the Internet address: https: // uokik .gov.pl / spory_konsumenckie.php.

XII. Final Provisions

1. The competent court for resolving disputes with Consumers is the court having jurisdiction over the applicable provisions of the Code of Civil Procedure.

2. Any disputes arising between PRO engines and a customer who is not a consumer shall be settled by the court having jurisdiction over our seat.

3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (uniform text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any conflict of these Regulations with the rights of customers and provisions resulting from generally applicable provisions, generally applicable provisions of Polish law shall apply.

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