§ 1
Preliminary provisions
- The online store Shop E-Tech Drives, available at the website https://shopetechdrives.com, is operated by Norbert Fryca. VAT ID: 7010962023, REGON: 385196878.
- This Regulation applies to both Consumers and Entrepreneurs using the services and specifies the rules for purchasing goods and the principles and procedure for concluding Distance Sales Agreements with the Customer.
§ 2
Definitions
- Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller – ETECH SP. Z O.O. VAT ID: 1182247817, REGON: 523095369.
- Customer – any entity making purchases remotely or at the company’s premises.
- Entrepreneur – a natural person, legal person, or an organizational unit without legal personality, to which separate regulations grant legal capacity, conducting business activity on their own behalf, which concludes a remote purchase agreement either remotely or at the company’s premises.
- Distance Sales Agreement – an agreement concluded with the Customer as part of an organized system of distance agreements, without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the agreement.
- Regulation – this store’s regulation.
- Order – the Customer’s declaration of intent submitted using the Order Form, aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – the customer’s account in the sales system, where data provided by the Customer and information about the Orders placed by them are stored.
- Registration Form – a form made available via email, enabling the creation of an Account.
- Order Form – an interactive form made available via email, enabling the placement of an Order, in particular by selecting Products on the Form and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Product – a movable item/service available as the subject of a Sales Agreement between the Customer and the Seller.
- Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller. The Sales Agreement also includes an agreement for the provision of services and a work contract, applying to the characteristics of the Product.
- Price List – a list of products offered by the Seller, including the indicated prices. The prices in the price list include both net and gross prices and are presented in euros.
§ 3
Contact with the Store
- Seller’s address: ul. Sochaczewska 12, 05-870 Błonie.
- Seller’s email address: sales@etechdrives.com.
- Seller’s phone number: +48 606 219 712.
- Seller’s bank account numbers:
PLN PL49124063481111001118269475
EUR PL58124063481978001118269710
USD PL78124063481787001118269879
- The Customer can contact the Seller using the addresses and phone numbers provided in this paragraph.
- The Customer can contact the Seller by phone between 8:00 a.m. and 5:00 p.m.
§ 4
Technical requirements
- To use distance sales, including browsing the assortment and placing orders for Products, the following are necessary: a. an end device with access to the Internet and an internet browser such as Chrome, Firefox, Safari, or EDGE. b. an active email account, c. enabled cookie support.
§ 5
General information
- The Seller is not responsible to the fullest extent permitted by law for disruptions, including interruptions in
- Browsing the assortment does not require creating an Account. Placing orders by the Customer for Products available in the assortment is possible either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the fulfillment of the Order without creating an Account.
- The prices provided in the price list are stated in euros and are gross prices (including VAT).
- The final amount to be paid by the Customer consists of the price of the Product and the cost of delivery (including fees for transportation, delivery, and postal services), about which the Customer is informed when placing the Order, including at the moment of expressing the will to enter into a Sales Agreement.
- When the nature of the subject matter of the Agreement does not allow for the reasonable calculation in advance of the final price, information about the method by which the price will be calculated, as well as about fees for transportation, delivery, postal services, and other costs, will be provided in the Product description.
§ 6
Creating an Account
- To create an Account, it is necessary to fill out the Registration Form. The following data must be provided: First name and last name, email address, contact phone number, and shipping address.
- Creating an Account is free of charge.
- The Customer has the possibility to delete the Account at any time, without stating a reason and without incurring any fees for this purpose, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.
§ 7
Order Placement Rules
To place an Order, you should:
- Fill out the form.
- Select the Product that is the subject of the Order and then provide the order details.
- Take advantage of the option to place an Order without registration.
- Enter invoice details if they are different from the recipient’s details.
- Send the completed form to the email address sales@etechdrives.com and confirm the order.
- Choose one of the available payment methods and, depending on the chosen payment method, make the payment within the specified period, subject to § 8 point 3.
§ 8
Offered Delivery and Payment Methods
- The Customer can use the following delivery or pickup methods for the ordered Product: a. Postal shipment b. Courier shipment c. Personal pickup available at the following address: ul. Sochaczewska 12, 05-870 Błonie
- The Customer can use the following payment methods:
- a. Payment by bank transfer to the Seller’s account
- b. Electronic payments
- c. Payment by debit/credit card.
§ 9
Execution of the sales agreement
- The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution is made by sending the Customer a relevant email message to the email address provided by the Customer during the Order placement process. The email message should contain at least the Seller’s statements regarding the receipt of the Order, its acceptance for execution, and the confirmation of the conclusion of the Sales Agreement. Upon receiving the aforementioned email message, the Sales Agreement between the Customer and the Seller is deemed concluded.
- If the Customer chooses: a. payment by bank transfer, electronic payment, or payment by credit card, the Customer is obliged to make the payment within 14 calendar days from the date of the conclusion of the Sales Agreement – otherwise, the Order will be canceled.
- If the Customer chooses a method of delivery other than personal pickup, the Product will be sent by the Seller within the timeframe indicated in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer during the Order placement process.
- In the case of ordering Products with different delivery times, the delivery time is the longest specified time.
- The start of the delivery period for the Product to the Customer is calculated as follows: a. In the case of the Customer choosing the payment method of bank transfer, electronic payment, or credit card payment – from the day of crediting the Seller’s bank account.
- In the case of the Customer choosing personal pickup of the Product, the Product will be ready for pickup by the Customer within the timeframe indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for pickup by sending a relevant email message to the email address provided by the Customer during the Order placement process.
- In the case of ordering Products with different readiness dates for pickup, the readiness date for pickup is the longest specified date.
- The delivery of the Product takes place within the territory of the European Union, the United States, Canada, and other delivery locations must be confirmed before placing an order.
- The delivery of the Product to the Customer is subject to a fee unless otherwise stated in the Sales Agreement. The costs of Product delivery (including transportation, delivery, and postal services fees) are indicated to the Customer during the Order placement process, including when the Customer expresses their will to be bound by the Sales Agreement.
- Personal pickup of the Product by the Customer is free of charge.
§ 10
Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without stating any reason if the product has not been previously customized by the seller. In the case of an order with customization according to the individual needs of the customer, the customer waives the right to withdraw from the Sales Agreement.
- The period specified in paragraph 1 begins from the submission of the order by the customer.
- In the case of an Agreement that includes multiple products delivered separately, in batches, or in parts, the deadline indicated in paragraph 1 runs from the delivery of the last item, batch, or part.
- In the case of an Agreement that involves the regular delivery of products for a specified period (subscription), the deadline indicated in paragraph 1 runs from the possession of the first item.
- The consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the consumer to send the statement before the expiration of this period.
- The consumer does not have the right to withdraw from the contract if the subject matter of the contract is non-prefabricated goods, i.e., goods produced according to the customer’s order.
- The statement can be sent by traditional mail or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details have been specified in § 3.
- If the statement is sent by the consumer electronically, the Seller will immediately send the consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the email address provided by the consumer.
- Effects of withdrawal from the Agreement: a. In the case of withdrawal from a distance agreement, the Agreement is considered not concluded. b. In the case of withdrawal from the Sales Agreement, the Seller shall reimburse the consumer without undue delay, no later than within 14 days from the day of receiving the consumer’s statement of withdrawal from the Agreement, all payments made by the consumer, including the costs of delivering the item, with the exception of additional costs resulting from the consumer’s chosen method of delivery other than the cheapest regular method of delivery offered by the Seller. c. The Seller will make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed to a different solution that does not entail any costs for them. d. The Seller may withhold the reimbursement until receiving the item back or until the consumer provides proof of returning the item, depending on which event occurs first. e. The consumer should return the item to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline will be deemed met if the consumer sends the item back before the expiration of the 14-day period. f. The consumer bears the direct cost of returning the item, including the cost of returning the item if, due to its nature, the item could not be returned by regular mail. g. The consumer is only liable for any diminished value of the item resulting from the use of it in a manner other than necessary to establish the nature, characteristics, and functioning of the item.
- The right of withdrawal from a distance contract does not apply to the Consumer in relation to the following types of contracts:
- a. Contracts for the supply of goods that are not prefabricated and are manufactured according to the Consumer’s specifications or are clearly personalized.
- b. Contracts for the supply of sealed goods which, due to health or hygiene reasons, are not suitable for return and were unsealed after delivery.
- c. Contracts for the supply of goods that are liable to deteriorate or expire rapidly.
- d. Contracts for services where the service has been fully performed with the explicit consent of the Consumer, who has been informed before the performance begins that they will lose their right of withdrawal once the contract is fully performed.
- e. Contracts for the supply of goods or services for which the price is dependent on fluctuations in the financial market that are beyond the control of the Seller and which may occur within the withdrawal period.
- f. Contracts for the supply of goods that are liable to become mixed inseparably with other items after delivery.
- g. Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- h. Contracts for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.
- i. Contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and their acknowledgment that they will lose their right of withdrawal.
§ 11
Complaints and warranty
- The Sale Agreement covers new Products.
- In the event of a defect in the purchased goods from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is a Business entity, the liability under warranty is excluded.
- Complaints should be reported in writing or electronically to the addresses provided by the Seller in this Regulation.
- The Seller will respond to the complaint request immediately, no later than within 30 days, and if the Seller fails to do so within this period, the Customer’s request shall be deemed justified.
- Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of this Regulation.
- If a Product is covered by a warranty, information about it, as well as its content, will be included in the Product description.
§ 12
Out-of-court complaint handling and claim enforcement methods
- Detailed information regarding the options available to consumers for out-of-court settlement of complaints and claims, as well as the access rules for these procedures, can be found at the premises and on the websites of district (city) consumer ombudsmen, social organizations dedicated to consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
- Consumers have the following examples of options for out-of-court settlement of complaints and claims: a. The consumer has the right to apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the agreement concluded with the seller. b. The consumer has the right to apply to the provincial inspector of Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably settle a dispute between the consumer and the seller. c. The consumer may obtain free assistance in resolving a dispute between them and the seller by also using the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
§ 13
Personal data
- The Seller is the administrator of customers’ personal data collected.
- The personal data of customers collected by the administrator are collected for the purpose of fulfilling the Sales Agreement, and if the customer gives consent, also for marketing purposes.
- The recipients of customers’ personal data may be: a. In the case of a customer who chooses delivery by postal or courier service, the administrator provides the collected personal data of the customer to the selected carrier or intermediary carrying out shipments on behalf of the administrator. b. In the case of a customer who chooses electronic payment or payment by credit card, the administrator provides the collected personal data of the customer to the selected entity handling the above payments in the online store.
- The customer has the right to access and correct their data.
- Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude the said agreement.
§ 14
Final provisions
- The Seller reserves the right to make changes to the Regulations for valid reasons, such as changes in the law, changes in payment methods and deliveries, to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes at least 7 days in advance.
- Matters not regulated in these Regulations are governed by the generally applicable provisions of Polish law, in particular the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.
- The Customer has the right to use out-of-court complaint settlement and claim enforcement methods. To this end, they can submit a complaint via the European Union’s online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.