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Regulations of Sales and Complaints at BANACZEK Sp. z o. o. used for sales contracts concluded with entrepreneurs
§ 1. [Application]
These Sales and Complaint Regulations [hereinafter referred to as the "Regulations"] apply to sales contracts concluded between BANACZEK Limited Liability Company with its registered office in Pomlewo, 83-047, ul. Szkolna 33 entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk Północ under number 0000455521, NIP number: 9571068326, share capital: PLN 5,000.00, [hereinafter referred to as the "Seller"], and the buyers of its goods - entrepreneurs [hereinafter referred to as the "Client"],
§ 2. [Forms of sale]
1. Customers can make purchases by placing orders by phone, e-mail or via the sales platform available on the company's website www.proengines.eu
§ 3. [Price and payment terms]
1. The basis for determining the value of each transaction between the parties is the current price list of the Seller's goods. Possible price changes and other arrangements related to the logistics of deliveries require separate arrangements between the Seller and the Customer. The price provided by the Seller includes the price of the goods without any other benefits, unless the parties expressly agree otherwise.
2. The customer has the option of paying for the purchased goods using a payment card (e.g. debit, credit card), online payment, bank transfer, or through deferred payment terms based on defined commercial terms specified in the relevant commercial agreement between entrepreneurs.
3. When placing orders by phone, e-mail or via the on-line sales platform available on the website www.proengines.pll, the first three transactions must be made using one of the following payment methods: cash on delivery, online payment, credit card, prepayment to the bank account .
4. The customer undertakes to notify the Seller in writing or by e-mail within 3 days of a change in the address of residence or registered office of the company, initiation of bankruptcy or composition proceedings, as well as reasons justifying the initiation of such proceedings, change in the form of business activity, its name or owners /shareholders/shareholders, a significant change in the company's assets affecting the quality of the established collateral (e.g. sale of company assets of significant value in relation to all company components, or incurring liabilities of such value).
5. The Customer authorizes the Seller to issue VAT invoices without the Customer's signature and to send them together with the goods. In the case of online sales, the invoice in the electronic version is downloadable by the Customer on the sales platform.
6. Delay in the payment by the Customer within the date entered on the invoice results in the immediate suspension of the sale of subsequent products with the payment date, and suspension of any trade credits or other bonuses granted to the Customer. In addition, the Seller is entitled to initiate a debt collection procedure in order to obtain the overdue payment, the costs of which will be charged to the Customer. Notwithstanding the foregoing, in the event of a delay in payment, the Customer will be charged statutory interest for the delay.
7. By the delay referred to in sec. 7, is understood as a situation where the payment made by the Customer to the Seller's bank account results in a real possibility for the Seller to use the funds paid in only after the payment deadline indicated on the VAT invoice.
§ 4. [Terms and other conditions of sale and delivery]
1. The terms and date of delivery of the goods ordered by the Customer are individually agreed with the Customer before accepting the order for execution, and the content of these arrangements is part of the execution of the Customer's order.
2. The goods are released to the Customer and the risk is transferred to the Customer when the goods are released from the Seller's warehouse to the Customer or the carrier, unless, as part of the arrangements with the Customer, it is clearly indicated that the Seller will deliver the goods to the Customer with his own means to the place indicated by him - in this case, the release of the goods and the transfer of risk takes place when they are handed over to the Customer at the place of delivery.
3. Placing an order by the Customer and its acceptance by the Seller takes place, depending on the form of the order, by confirmation in writing or by e-mail, or in the case of online orders, by confirming the order. In the event that the Seller's service is to include more than just handing over the goods to the Customer at the Seller's premises, or if the sale price is to be different than indicated in the Regulations, the acceptance of the order by the Seller must be explicit and take place in writing or by e-mail. Unless otherwise agreed by the Parties, the price provided by the Seller includes only the selling price of the goods, and does not include, for example, the cost of packaging other than the original packaging products, nor the costs of transport or loading/unloading goods to/at the Customer's premises.
4. In the case of the sale of goods with a deposit, the deposit will be returned if the products for regeneration are delivered no later than 6 months from the date of purchase, subject to positive verification in accordance with the manufacturers' requirements.
5. The delivery of the ordered goods takes place at the Customer's expense, unless the parties have agreed otherwise.
6. The Seller is not responsible for extending the delivery time of goods released from its warehouse resulting from reasons beyond its control.
7. The customer will receive a written confirmation of the sales contract concluded with the Buyer in the form of a VAT invoice. The invoice will be attached to the shipment or will be downloaded on the sales platform www.proengines.eu
8. When collecting the delivered goods, the customer is obliged to check the condition of the shipment in the presence of the carrier in terms of compliance of the quantity of goods delivered with the order and, if possible, the quality of the goods delivered, the condition of the packaging. The customer is obliged to confirm receipt of the goods in writing. If quantitative or qualitative defects are found, they should be indicated in the acceptance report signed by the Customer and the carrier, which should be submitted to the Seller within no more than 2 days. Failure to check the goods upon receipt releases the Seller from liability for any shortages.
§ 5. [Return or exchange of purchased goods]
The customer may return the purchased goods within 14 days from the date of purchase without giving a reason only if the goods have not been used and when the rules for a possible return have been previously agreed and confirmed by the Seller in a clear manner in writing or by e-mail.
2. Electric and electronic items cannot be returned or exchanged.
3. If the Client exercises the right indicated in section 1 above, the Customer, at his own expense, will send the goods to the Seller, which must be complete and factory-packed, delivered in the original unaltered packaging. If the goods are sent in a different condition and packaging, the Seller may not accept it and send it back to the Customer at his expense.
§ 6. [Reservation of ownership]
1. The Seller reserves the ownership of the sold and delivered goods until the payment of all amounts due to him under the concluded contract. The transfer of ownership of the goods to the Customer takes place subject to the payment of the full amount due (KC 589).
2. Until the full payment of the amount due for the collected goods, the customer is obliged to bear responsibility for its quantity and quality. In the event of any damage, the Customer will be obliged to compensate for it.
3. The payment of all amounts due should be understood as the transfer to the Seller of funds covering, in particular, the sale price, transport, additional packaging for the time of transport, loading and unloading, interest for delay, in a manner that will ensure the Seller the ability to freely dispose of these funds.
§ 7. [Complaints / warranty]
1. The provisions of this paragraph regulate the Customer's rights under the warranty on the terms set out in these regulations and modify the applicable provisions of legal acts relating to the matter in question, while they do not exclude the Customer's rights under mandatory provisions. The seller is liable to the customer if the item sold has a physical or legal defect.
2. Defects of the goods detected after receipt of the goods in accordance with § 4 sec. 7 of the Regulations should be reported to the Complaints Department immediately, no later than within 7 days from the date of detecting the defect on the complaint form available on the website www.proengines.eu. All required fields of the form must be completed, such as the Customer's address details, e-mail address and telephone number of the contact person, item index, purchase invoice number and description of the defect found.
3. In order to meet the above deadline, it is enough to send a notification about the found defect before its expiry.
4. A complaint can be submitted via the online form available on the website www.proengines.eu
5. The customer is obliged to deliver the advertised goods directly to the address of the Seller's Complaints Department.
6. In cases specified individually by the Seller's Complaints Department, it is possible to send photo documentation of the complained part as sufficient to consider the complaint. In this situation, it is not necessary to send the complained part, however, provided that access to this part is enabled until the decision on how to consider the complaint is made.
7. The Seller may ask the Customer to supplement the complaint with the data necessary to consider the complaint. In this case, until the required data is completed, all actions of the Seller related to the consideration of the complaint may be suspended and the time of considering the complaint is extended by the period of waiting for the completion of these data.
8. The information necessary to consider the complaint is, in particular, the Customer's address details, e-mail address and telephone number to the contact person, item index, purchase document number and description of the defect found; the date of the failure; date of assembly or purchase of the defective goods; description of the fault or accompanying symptoms. Additionally, in the case of spare parts, the details of the vehicle in which the defective goods were installed are necessary, in particular the brand; model; year, VIN number; mileage at the time of installation and at the time of the failure.
9. As part of the complaint claims, the Customer has the following forms of complaint consideration: repair, price reduction, replacement for goods free of defects or withdrawal from the sales contract. If the complaint claims are accepted, the decision on how to remove the damage is made by the Seller.
10. Consideration of complaint claims takes place immediately, provided that all required materials/documents and the advertised goods are delivered to the Seller. The Seller is not responsible for the time of considering the complaint to the extent that it depends on the Customer providing complete information that is required in the application form.
11. The Seller's liability applies only to defects that have become apparent no later than within 1 year from the date of handing over the goods to the Customer, provided that the Seller receives a complaint before the end of this period.
12. In order to pursue complaint claims, the Customer is obliged to send the defective goods to the Seller.
13. In the case of complaint claims related to the identified defect of the item, the Seller sets the following conditions for considering the complaint:
a) the Seller's liability period is 1 year from the date of handing over the goods to the customer
b) the deadline for notifying the Seller about finding a defect in the goods with the contract is a maximum of 1 month from the date of detecting the defect,
c) the time limit for delivery of the claimed goods is 1 month from the date of notification from the discovery of the defect
Failure to meet the above deadlines results in refusal to consider the complaint.
14. The Seller informs that for some of the goods offered, the responsibility for the warranty granted for the product is transferred to the Manufacturer on the terms set out in the terms of the warranty provided by the Producer of the goods. The conditions of the guarantees provided are specified in the guarantee cards provided to customers during the sale or on the Seller's website.
§ 8. [Scope of responsibility]
1. The Seller declares that thanks to many years of experience in the automotive industry, it is able to provide customers with a wide range of products at a competitive price and availability. However, the Seller is not responsible for the suitability of the goods purchased by the Customer for the implementation of the project intended by the Customer, and does not provide consulting services, in particular in terms of the method, necessity or legitimacy of repairing the Customer's vehicle. The seller is not responsible for incorrect assembly of parts by the customer.
2. Any claims of the Customer related to the Seller's performance of the Customer's order are limited to the amount which in total may not exceed the price of the delivered goods.
3. The Seller's liability does not cover defects caused by improper storage, transport, poor assembly or resulting from normal wear and tear.
4. The Seller shall not be liable for additional costs such as towing costs, vehicle downtime or similar events resulting from a complaint of the purchased part. In particular, the Seller is not obliged to provide the Customer with a replacement part for the duration of the complaint consideration.
5. Claims related to the submitted complaint apply only to the purchased part. The seller does not bear the costs related to the consequences of using a defective part, is not responsible for lost profits, including loss of customers, reduction of sales or profits and damages resulting from the use of a defective part.
6. The provisions of this § do not violate the mandatory provisions of law.
§ 9. [Dispute resolution and applicable law]
1. Any disputes that may arise from the concluded sales contract or transport service will be settled by a common or arbitration court, the choice of which is at the seller's discretion.
2. The law applicable to concluded contracts is Polish law.
§ 10. [Personal data protection]
1. All data sent by the Customer to the Seller are protected in accordance with the Personal Data Act and are not processed for any purposes other than order fulfillment. The Buyer provides personal data voluntarily and has the full right to inspect, correct or request cessation (deletion) of the processing of his data stored in the Seller's database in accordance with Act "on the provision of electronic services" of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204). Placing an order with the Seller means consent to the processing of personal data by BANACZEK Sp. z o.o. [detailed data of the administrator can be found in § 10 point 3 of the Regulations] for its implementation. After the order is completed, the data may be deleted at the client's express, written instruction sent to the e-mail address: email@example.com or to the company's address. In the event that the Buyer does not request the deletion of the data, they will be stored with all required confidentiality standards until the completion of the next order or instruction to remove them from our database.
2. In connection with the entry into force on May 25, 2018 of the regulation on the protection of personal data in accordance with - General Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (GDPR), we ensure that the personal data of our contractors are processed only for the purposes related to the performance of contracts for the sale of goods and services and making payments, handling complaints, handling electronic and traditional notifications and using the online sales platform www.proengines.eu
3. Please be advised that the Administrator of our contractors' personal data is BANACZEK Sp. z o. o. with its registered office in Pomlewo 83-047, ul. Szkolna 33. Personal data is processed in connection with the sale of goods and services carried out as part of the activities of BANACZEK Sp. o.o.
3.1 Contact details of the Personal Data Protection Officer: firstname.lastname@example.org
3.2 The representative of the Administrator is Dawid Banaczek - Inspector of Personal Data Protection: email@example.com
3.3 Personal data is processed in order to perform the contract for the sale of goods and services, make payments, handle complaints, handle electronic and traditional applications and use the online store
3.5 Personal data will be stored until the validity of the binding sales contract and for the period required by tax law.
3.6 After the completion of the processing of personal data for the original purpose, the data will be processed only for the purpose of possible mutual claims.
3.7 Providing personal data is voluntary, but necessary to achieve the goals described in point 3.
3.8 Personal data at BANACZEK Sp. z o. o. are processed in a secure manner and will not be transferred to any other entities.
3.9 As the administrator of personal data, we provide the right to access data, we allow you to rectify it, delete it on request or limit its processing. The data subject may also exercise the right to object to the Administrator in connection with data processing and the right to transfer data to another personal data administrator.
3.10 In the event of voluntary consent, anyone whose personal data we administer has the right to withdraw consent to data processing at any time, which does not affect the lawfulness of processing based on consent before its withdrawal.
3.11 The data subject has the right to lodge a complaint with the body supervising compliance with the provisions on the protection of personal data.
§ 11. [Final provisions]
1. If any provisions of these Regulations are or become ineffective, invalid or there is a change in applicable law affecting their content, the Regulations will remain valid in the remaining part. In such a case, the Parties undertake to replace the invalid or ineffective provisions with provisions closest to the invalid or ineffective provision.
2. The Seller reserves the right to change these regulations. The Seller informs about any changes to the Regulations and indicates them on its website www.proengines.eu before the changes in question come into force.
3. Concluding a contract with the Seller means that the Client has read the Regulations before concluding the contract.
4. The Seller is entitled to change the Regulations, and the change is effective with regard to orders accepted for execution by the Seller.
5. The Regulations were adopted by a resolution of the Seller's Management Board
Updated on: 03/01/2022
The Management Board of BANACZEK Sp. z o. o.
§ 13. Appendix 2 - Model withdrawal form