Terms & conditions
of store

Terms & conditions of store

These Terms and Conditions of the Online Store were prepared by the lawyers of Prokonsumencki.pl. The online store Winchplate.com  cares about consumer rights. The consumer cannot waive the rights granted to him/her by the Consumer Rights Act. Contractual provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers to which they are entitled under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, those regulations shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Internet Shop available at the Internet address Winchplate.com  is run by PAWEŁ PYCIAK conducting business activity under the name Winch Plate PAWEŁ PYCIAK, registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia delivery address: ul. Karosek 27c, 32-700 Bochnia, NIP 8681783199, REGON 120829211, e-mail address: info@winchplate.com, telephone number: +48607575830.
1.2 These Regulations are addressed both to consumers and businesses using the Online Store, unless a particular provision of the Regulations provides otherwise.
1.3 The administrator of the personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, first of all, the principles concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available at the Online Store that allows placing an Order, in particular by adding Products to an electronic shopping cart and determining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her in the Online Store are stored.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclic content of successive editions of a newsletter containing information about Products, news and promotions at the Online Store.
1.4.8. PRODUCT – a movable item available at the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. INTERNET SHOP – the Service Provider’s online store available at the following Internet address: winchplate.com.
1.4.11. SELLER, SERVICE PROVIDER – PAWEŁ PYCIAK conducting business activity under the business name BEZGRANIC4X4 PAWEŁ PYCIAK entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: address of place of business: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia delivery address: ul. Karosek 27c, 32-700 Bochnia, NIP 8681783199, REGON 120829211, e-mail address: info@winchplate.com, telephone number: +48607575830.
1.4.12. CONTRACT OF SALE – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Internet Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Internet Shop.
1.4.14. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited capacity to perform legal actions; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827 as amended).
1.4.16. ORDER – the Customer’s statement of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1 The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – using the Account is possible after the Customer performs two consecutive steps in total – (1) completing the Registration Form and (2) clicking the “Save” field. In the Registration Form, it is necessary for the Customer to provide the following data of the Service Recipient: name and surname, e-mail address and password.
2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklep@bg4x4.eu or in writing to the address: 14a Józefa Ignacego Kraszewskiego Street, 32-700 Bochnia.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) completes the Order Form and (2) clicks the “Order with obligation to pay” box on the Online Store’s website after completing the Order Form – until this point the Customer has the possibility to modify the entered data (for this purpose, follow the messages displayed and information available on the Online Store’s website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, number of house/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter – using the Newsletter is possible after providing in the “Newsletter” tab visible on the site of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – as soon as the Account is created, the Customer is subscribed to the Newsletter.
2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: sklep@bg4x4.eu or in writing to the address: ul. Józefa Ignacego Kraszewskiego 14a, 32-700 Bochnia.
2.2 Technical requirements necessary to work with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3)Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari orMicrosoft Edge; (4)recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.
2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4 Mode of complaint procedure regarding Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions) the Service Recipient may submit, for example:
2.4.1.1. in writing to the address: 27c Karosek Street, 32-700 Bochnia;
2.4.1.2. in electronic form via e-mail to: sklep@bg4x4.eu.
2.4.2 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client’s request; and (3) the contact details of the complainant – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3 CONDITIONS OF CONCLUDING A CONTRACT OF SALE

3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form on the Online Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.2 The Product price shown on the Online Store website is given in Polish Zloty and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them, the Client is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Client’s will to be bound by the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement on the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order on the Online Store in accordance with item 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.3.2 After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place through (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller’s Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller’s bank account.
4.1.2. Electronic and credit card payments via Przelewy24.pl or PayPal.com – the possible current payment methods are specified on the website of the Online Store in the information tab concerning payment methods and on the website https://www.przelewy24.pl/ and https://www.paypal.com/pl.
4.1.2.1 Settlement of electronic payment and payment card transactions shall be carried out according to the Customer’s choice via Przelewy24.pl or PayPal.com. Processing of electronic payments and payment cards is carried out by:
4.1.2.1.1. Przelewy24.pl – the company PayPro S.A. based in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068;
4.1.2.1.2. PayPal.com – the company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.2 Payment Term:
4.2.1 If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment immediately after the conclusion of the Sales Agreement.

5. COSTS, WAYS AND TERM OF PRODUCT DELIVERY

5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
5.2 The Seller provides the Customer with the following methods of delivery of the Product:
5.2.1 Courier delivery;
5.2.2. pallet shipment;
5.3 The delivery time of the Product to the Customer is:
5.3.1. For shipments sent within Europe up to 5 Business Days;
5.3.2. For shipments sent outside Europe up to 7 Business Days;
5.3.3. For Products designated as “on order” up to 30 Business Days;
5.3.4 The delivery term indicated above is a maximum, unless a shorter term is specified in the description of the Product in question or in the course of placing the Order. In the case of Products with different delivery terms, the delivery term shall be the longest term indicated, which, however, shall not exceed 30 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.3.5 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

6. PRODUCT COMPLAINT

6.1 The basis and scope of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
6.2 The Seller shall be obliged to provide the Customer with a defect-free Product.
6.3 A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: Józefa Ignacego Kraszewskiego 14a Street, 32-700 Bochnia;
6.3.2. in electronic form via e-mail to: sklep@bg4x4.eu.
6.4 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising his rights under the warranty, demanded replacement of the item or removal of the defect, or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was justified.
6.5 The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission.
If the Customer who is a consumer, exercising his rights under the warranty, demanded replacement of the item or removal of the defect or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this demand within 14 calendar days, it shall be deemed that the demand was justified.
6.6 The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: 27c Karosek Street, 32-700 Bochnia. In the case of a Customer who is a consumer, the cost of delivering the Product shall be borne by the Seller. If, due to the nature of the Product or the way it is installed, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7 Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product towards the Customer who is not a consumer is excluded.

7. OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at:
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

7.3 The consumer has the following examples of out-of-court means of handling complaints and pursuing claims:
(1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller’s place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator’s tariff).

7.4 A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr.
The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or a service contract (for more information, visit the website of the platform itself or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)

8. RIGHT OF WITHDRAWAL

8.1 A consumer who has entered into a remote contract may, within 14 calendar days, withdraw from the contract without giving any reason and without incurring costs, except for the costs specified in sec.8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration. The declaration of withdrawal from the contract may be made, for example:
8.1.1. in writing to the address: Józefa Ignacego Kraszewskiego 14a Street, 32-700 Bochnia;

8.1.2. in electronic form via e-mail to: sklep@bg4x4.eu.
8.2 A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in para. 11 of the Regulations. The consumer may use the sample form, but it is not mandatory.
8.3 The period for withdrawal from the contract begins:
8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of a contract which: (1) involves multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period – from taking possession of the first Product;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4 In the case of withdrawal from a contract concluded at a distance, the contract shall be considered not concluded.

8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6 The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: 27c Karosek Street, 32-700 Bochnia.

8.7 The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8 Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.
8.8.2 The consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled performance.
8.9. The right of withdrawal from a contract concluded remotely does not apply to the consumer with respect to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer’s specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the performance is a Product delivered in sealed packaging, which after opening cannot be returned for health protection or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products, which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.
8.10. The provisions contained in this section 8. of the Terms and Conditions concerning the consumer shall apply from January 1, 2021 and for contracts concluded from that date also to the Customer or the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1 This Section 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on a Customer or Customer who is not a consumer, and from January 1, 2021 and for contracts concluded from that date, who is not also a natural person entering into a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
9.2 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3 The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Client and the fact of concluding a Sales Agreement.
9.4 The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Customer a relevant statement.
9.5 The Service Provider/Seller’s liability to the Customer/Client, regardless of its legal basis, shall be limited – both under a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the absence of a Sales Agreement or unrelated to a Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the Agreement and shall not be liable for lost profits. The Seller shall also not be liable for any delay in transportation of the shipment.
9.6 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Store shall be concluded in the Polish language.
10.2 Change of Terms and Conditions:
10.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in laws; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 15 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Customer has the right to withdraw from the contract.
10.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect any Orders already placed or placed, or Sales Agreements concluded, executed or performed.
10.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights; and other relevant provisions of generally applicable law.

11.EXAMPLE OF CANCELLATION FORM

Model withdrawal form
(this form should be completed and sent back only if you wish to withdraw from the contract)

  • Addressee:

BEZGRANIC4X4 PAWEŁ PYCIAK
Karosek Street 27c, 32-700 Bochnia
https://winchplate.com/
info@winchplate.com

  • I / We() hereby inform() about my / our withdrawal from the contract of sale of the following things() contract for the supply of the following things() contract for the performance of the following things()/for the provision of the following service()
  • Date of conclusion of the contract()/collection()
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only if the form is sent on paper)
  • Date

(*) Delete not necessary.

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