Online Store Regulations (applicable to orders since 10 Mai 2021)
- The following terms used herein shall have the meanings given thereto hereinbelow:
- Customer – a natural person, a legal person or an unincorporated organizational unit that is attributed a legal capacity by special regulations, who or which places an Order in the Store;
- Consumer – a Customer who is a natural person, doing shopping in the Online store within the scope that is not directly related to the Consumer’s business or professional activity (in the meaning of the Civil Code);
- Regulations – these Regulations of the steib-seitenwagen.eu Online Store;
- Online Store (or Store) – an Internet service operated by the Seller, available at www.steib-seitenwagen.eu, via which the Customer may in particular register himself and open a Customer account, place Orders, order a newsletter, join a loyalty programme organised by the Seller or file a complaint;
- Seller – Oldtimer Koni Jankowska Wioletta with its registered office in Tschernitz, Cottbuserstrasse 30, 03130 Tschernitz, (tax identification number)DE257991844
- Goods – any products presented in the Online Store, for which an Order can be placed via the Online Store;
- Sales Contract – a sales contract in the meaning of the Civil Code, executed between the Seller as a seller and the Customer as a buyer, encompassing the sales of Goods, executed at a distance via the Online Store;
II. General Provisions
- These Regulations constitute the regulations of rendering e-services mentioned in art. 8 of the Act on E-Services.
- These Regulations shall set forth the rules of using the Online Store, including but not limited to:
a) the rules of registering and using a Customer account;
b) types and a scope of e-services;
c) terms and conditions of placing and cancelling Orders via electronic means, including the rules of making payments and delivering Goods;
d) rules of executing and withdrawing from Sales Contracts with services rendered by the Store; and
e) rules of filing and handling complaints.
- Using the Online Store shall be possible provided the Customer obtains access to a computer station or a terminal device with access to the Internet and an Internet browser with the following minimum technical parameters:
a) Firefox in the version 21 and higher;
b) Chrome in the version 29 and higher;
c) MS Internet Explorer in the version 9 and higher;
d) Opera in the version 12 and higher; or
e) Safari in the version 4 and higher.
- The following persons may use services rendered by the Online Store:
a) a natural person who has a complete or limited capacity to take legal actions (in the meaning of the Civil Code). According to applicable regulations, natural persons with a limited capacity to take legal actions should obtain a consent of a statutory representative to execute a Sales Contract. The Seller reserves the right to limit rendering services by the Store to persons who hold a full capacity to take legal actions. In this case, potential Customers will be notified to this effect.
b) a legal person; or
c) organizational units that are not legal persons, but are given a legal capacity by special regulations.
- The Customer may gain access to these Regulations at any time via a link given under the address of the Online Store in the section ‘INFORMATION’ available at the bottom of the page. The Customer may download the Regulations at any time, copy and save them and make their print-outs. The Regulations shall be made available free of charge.
- Information about Goods presented in the Online Store, including but not limited to their descriptions, technical and utility parameters and prices, constitute an invitation to execute a Sales Contract in the meaning of art. 71 of the Civil Code.
- The Seller informs that his obligation is to deliver things that are free of defects.
III. Rules of Using the Online Store
- No registration shall be required for viewing Goods presented in the Online Store and for placing an Order.
- Customers shall have the right to use the Online Store by registering and in this way creating a Customer account, in which personal data of the Customer and information about actions taken by the Customer in the Store shall be collected, including but not limited to about Orders fulfilled, returned goods, placed complaints and Goods that are observed or searched for.
- The registration shall be made by filling in and accepting a registration form, made available on the website of the Store. The condition for registration shall be the acceptance of the content of these Regulations, including all the terms and conditions of selling Goods as well as giving data that are identified as obligatory. The scope of collected data shall be given in section XII(2) hereinbelow.
- The registration in and the use of the Online Store shall be free of charge.
- The Customer shall log in the Online Store using an individual login (an e-mail address) and a password.
- The Seller may deprive the Customer of the right to use the Store or limit the Customer’s access to a part or all resources of the Store, with an immediate effect, if the Customer uses the service in a prohibited way, i.e. if the Customer violates these Regulations or applicable laws, including but not limited to if the Customer:
a) has provided in the course of registration in the Store any data or information that is not true, inaccurate, invalid, misleading or violating rights of third parties, where such data were necessary for rendering the service;
b) has provided any illegal content via the Online store, including by violating personal rights of any third parties, including but not limited to personal rights of other Customers; or
c) has committed other activities that are recognised by the Seller as contrary to applicable regulations or general rules of using the Internet or hurting the reputation of the Seller.
- In order to provide the safe transfer of messages, information and data in relation to rendered services, the Seller shall implement technical and organizational measures that are adequate to the risk of violating the rights and freedoms of individuals and the level of hazard to security of rendered services, including but not limited to measures that are used to prevent collecting and modifying any disclosed personal data by unauthorised persons.
- The Customer shall be authorised and obliged to use the Online Store in line with its designated use. The Customer shall in particular:
a) not deliver or transfer any illegal content, for example content that promotes violence, of defamatory nature or violating personal and other rights of third parties;
b) not use the Store in the manner that interferes with its operation, including but not limited to by using suitable software or devices;
c) not take any commercial, promotional or marketing measures, such as sending or placing any unsolicited commercial information in the Store (spam);
d) use any and all content made available in the Store only for the Customer’s own personal use;
e) use the Store in the manner that complies with laws applicable in the territory of the Republic of Poland, provisions of these Regulations as well as the general rules of using the Internet.
- The Customer’s account may be deleted from the Online Store at any time by sending an e-mail message containing a request to delete the account to firstname.lastname@example.org or by phone to +49 173 76 25 115.
IV. Procedure for Placing Orders
- In order to place an Order via the Online Store:
a) enter the website of the Store (i.e. www.steib-seitenwagen.eu);
b) select ordered Goods by adding them to the basket with the ‘Add to Basket’ button;
c) select a method of delivery and a payment mode; and
d) confirm your Order by pressing the ‘Place an order with a payment obligation’ button. Until then, the Customer may introduce changes and modifications to Goods in the basket, contact data for a dispatch and an invoice, a delivery method and a payment mode. To this purpose, follow information available on the website.
- An Order may be placed after registering in line with the provisions hereof or after giving data marked as obligatory, which make it possible to fulfil an Order without registration.
- In order to place an Order, it is necessary to accept the terms and conditions of these Regulations and to confirm an Order in accordance with section 1(d) above.
- Placing an Order by the Customer constitutes a declaration of intent to execute a Sales Contract with the Seller in accordance with the provisions hereof.
- Upon placing an Order, the Customer shall receive an e-mail to the address given when placing an Order, which contains a confirmation of all material elements of the Order. The above-mentioned confirmation shall include information that concerns in particular:
a) an Order number;
b) a list of ordered Goods;
c) a unit and a total price of ordered Goods as well as delivery costs and other additional costs (if any);
d) a selected payment mode;
e) a selected way of delivery; and
f) a delivery address.
- To complete a transaction, follow instructions given in received e-mails.
- A Sales Contract shall be deemed to be executed upon receiving an e-mail by the Customer with information about the acceptance of the Order by the Seller.
- Orders placed on working days after 5.00 p.m., on Saturdays, Sundays and public holidays, shall be examined a following day.
- A validity term of a placed Order shall be 3 (three) working days. If an Order is not confirmed by the Customer or if a price for ordered Goods is not paid (unless a cash-on-delivery payment mode has been selected) by that deadline, the Order shall be cancelled automatically. The Customer shall be notified of a cancelled Order in an e-mail sent to the Customer’s e-mail address given when placing the Order.
- A change of a delivery method or address, invoice data as well as cancelling an Order shall be possible by contacting the Store at email@example.com or by phone at +49 173 76 25 115 Cancelling an Order shall not be possible after the Customer receives a notice of dispatching an Order by the Seller.
- A Sales Contract shall be executed in Polish, on terms and conditions set forth herein.
- The Seller shall document the sales of all Goods in the form of a fiscal invoice or a VAT invoice, according to the Customer’s choice. A fiscal invoice or a VAT invoice shall be delivered by e-mail to an e-mail address given by the Customer. When placing an Order, the Customer shall have an option to select the delivery of an invoice in a hard copy, together with ordered Goods.
- Dispatches of any ordered Goods shall be made on working days from 9.00 a.m. to 5.00 p.m. A delivery of ordered Goods shall be made: with a courier service, to a delivery point. Possible delivery methods and their costs shall be indicated to a Customer when an Order is placed.
- An Order fulfilment period shall encompass the time of custom assembling, preparing a parcel for dispatch and the delivery of Goods to a Customer.
- If Goods are available in the warehouse, a standard time of fulfilling an Order shall be from 1 (one) to 5 (five) working days. This period shall be calculated from:
a) the time when the Seller receives a payment confirmation from a service concerned, if an on-line payment is made; or
b) the time when a price of the Order is credited on the Seller’s account, if a payment with a transfer is selected.
- In special instances, including if Goods are not available in the warehouse, the deadline mentioned in section 5 above may be extended, and the Customer shall be notified to this effect in an e-mail. In such circumstances, the Customer shall have the right to cancel an Order in the manner set forth in art. IV(10) above.
- The major terms and conditions of the Sales Contract shall be recorded, secured, made available and confirmed to the Customer to an e-mail address given when placing an Order. Pursuant to art. IV(12) above, the Customer shall also receive an invoice that documents the sales of Goods by e-mail or with a dispatch of Goods.
VI. Prices and Payment Modes
- Prices of Goods shall be given in Euro and shall include VAT.
- Prices of Goods shall not include costs of delivery mentioned in art. VI(3) above.
- The total cost of an Order (i.e. a price of Goods together with costs of delivery and other costs, if any) shall be presented when the Order is placed by the Customer.
- A Customer may pay an amount due for Goods in the following manner:
a) with a wire transfer to the Seller’s bank account at POSTBANK BERLIN DE34100100100015977101 PBNKDEFF; an Order shall be fulfilled after crediting a required amount on the Seller’s account;
b) an on-line payment via PayPal; an Order shall be fulfilled after receiving a confirmation of a payment from a relevant service;
- The Seller reserves the right to make changes of prices of Goods as well as to organise and cancel promotional campaigns and sales. This right shall not affect any Orders placed before an effective date of price changes or terms and conditions of a promotional campaign or sales.
VII. Right to Withdraw from the Contract
- Pursuant to the Act on Consumer Rights, the Consumer shall have the right to withdraw from a Sales Contract within 14 (fourteen) days for convenience.
- A deadline for withdrawing from a Sales Contract shall expire 14 (fourteen) days of the date when the Consumer has come into possession of Goods or in which a third party, other than a carrier, and indicated by the Consumer, has come into possession of Goods.
- A deadline for withdrawing from a Sales Contract that encompasses numerous objects and that are delivered separately, in batches or in parts, shall expire upon coming into possession of a last thing, batch or part.
- The statutory right to withdraw from a consumer sales contract executed at a distance shall not be held by the Consumer with respect to the following types of contracts:
a) on rendering services, if an entrepreneur has rendered the complete service by an explicit consent of the Consumer, who has been informed before starting to render the service that upon the performance of the service by an entrepreneur, the Consumer shall lose the right to withdraw from the contract;
b) in which a price of Goods or remuneration depends on fluctuations on the financial market, over which an entrepreneur has no control and that may occur before the deadline for withdrawing from the contract;
c) in which the subject matter of performance is a non-prefabricated object, produced according to the specification of the Consumer or used to fulfil customised needs of the Consumer;
d) in which the Consumer has explicitly demanded that an entrepreneur is to come to his site in order to carry out an urgent repair or maintenance; if an entrepreneur additionally renders services other than those that have been requested by the Consumer, or delivers objects other than spare parts necessary to carry out repairs or maintenance, the Consumer shall hold the right to withdraw from the contract with respect to additional services or things;
e) in which the subject matter of performance is a thing that is delivered in a sealed packaging, if after its opening the object cannot be returned due to health protection or for hygienic reasons, if the packaging has been opened after its delivery;
f) in which the subject matter of performance are things that, after their delivery, become inseparably combined with other things due to their nature;
g) in which the subject matter of performance are sound or visual recordings or software delivered in a sealed packaging, if the packaging has been opened after the delivery; and
h) on delivering digital content, which has not been recorded on a material data storage device, if the performance was started by an explicit consent of the Consumer before the expiry of the deadline for the withdrawal from the Contract and after the Consumer has been informed about losing the right to withdraw from the Contract.
- The Consumer may withdraw from a Sales Contract by submitting an explicit declaration to the Seller on withdrawing from the Contract. The declaration may be submitted in the form whose template is available on the website of the Store (link). Using the form shall not be obligatory.
- A declaration on the withdrawal from the Contract in the form of an explicit declaration shall be sent:
a) in writing to the Seller’s address:
Oldtimer Koni Jankowska Wioletta
with a note ‘WITHDRAWAL’ (recommended); or
b) via e-mail to the e-mail address: firstname.lastname@example.org; or
c) in the Customer’s panel on the Customer’s account in the section ‘Return of Goods’.
- To keep the 14 (fourteen) day deadline for withdrawing from the Sales Contract, the Consumer shall send a notice with regard to exercising the right of the Consumer to withdraw from the Contract before the deadline for withdrawing from the Contract.
- The Seller shall immediately, and not later than within 14 (fourteen) days of receiving a declaration of the Consumer on the withdrawal from the Sales Contract, reimburse to the Consumer a payment for Goods. The Seller shall not be obliged to reimburse to the Consumer any additional costs incurred by the Consumer, including the costs of returning Goods.
- The Seller may withhold the reimbursement of payments received from the Consumer until the receipt of returned Goods or delivery by the Consumer of a receipt of dispatching Goods, whichever occurs first.
- A payment shall be reimbursed with the same payment mode that has been used by the Consumer in an original transaction, unless the Consumer has given consent to another solution that is not related to any costs for the Consumer.
- The Consumer shall return Goods to the Seller by sending them back to the address of the Seller’s warehouse:
Oldtimer Koni Jankowska Wioletta
immediately, however not later than within 14 (fourteen) days of the date on which the Consumer has withdrawn from the Sales Contract. The deadline shall be met if the Customer se the expiry of this deadline.
- Goods returned by the Consumer shall be packed suitably, to protect them against any damage in the course of transport. As far as possible, Goods shall be packed in original packaging. Returned Goods shall be complete and undamaged.
- The Consumer shall be liable for any reduced value of Goods, being the result of using Goods in a manner other than necessary to determine the nature, characteristics and functioning of things.
VIII. Complaints about Goods
- Any complaints that result from violating rights of the Customer guaranteed under the law or these Regulations shall be filed:
a) in writing to the Seller’s address:
Oldtimer Koni Jankowska Wioletta
with a note ‘COMPLAINT’ (recommended); or
b) via an e-mail to the e-mail address: email@example.com; or
c) in the Customer’s panel on the Customer’s account in the section ‘Complaints about Goods’.
- A complaint shall include:
a) an exact description of a complaint (a cause of a complaint);
b) an expected way of handling a complaint;
c) a full name and contact data (a mailing address or an e-mail address); and
d) as far as possible, a copy of a receipt of Goods that are complained about.
- Upon filing a complaint, Goods are to be delivered to the address of the Seller’s warehouse:
Oldtimer Koni Jankowska Wioletta
together with a copy of a complaint and with all accessories delivered originally with purchased Goods (if such accessories are not delivered, this may prevent handling the complaint or the repair of Goods or may result in their damage/destruction in transport, which shall be the liability of the Consumer).
- The Seller undertakes to respond to a filed complaint within 14 (fourteen) days of delivering Goods complained about to a warehouse in accordance with section 4 above. In special situations, if a complaint cannot be handled by that deadline, the Seller shall notify the Consumer in that period of the expected deadline for handling a complaint.
- The Seller shall not be liable for any defects that occur during the transport of Goods complained about to the warehouse through fault of the Consumer, for example due to securing Goods improperly.
- The Consumer shall also have the right to use out-of-court ways of handling complaints and filing claims.
- The Seller shall not be liable due to warranty for any sold Goods.
- The liability due to warranty for Goods may be borne by a manufacturer, a distributor or another guarantor, if he has granted it, on terms and conditions and for the period indicated in a warranty card, which may be enclosed to an Order.
- If a warranty has been granted, the Customer may file complaints due to a warranty on terms and conditions indicated in a warranty card, directly at an authorised service of an entity that grants the warranty or via the Seller.
- A warranty (if granted) does not exclude, limit or suspend rights of the Consumer against the Seller due to a guarantee indicated in art. VIII above.
X. Notifying Damage/Missing Goods during Delivery
- The Customer shall always check a parcel before the receipt of ordered Goods, including by checking the package carefully, including but not limited to by paying attention to any external traces of damage or missing elements of a parcel.
- If any missing Goods or damage to a parcel delivered by a courier or to a receipt point are found, a damage report is to be prepared (a suitable form of a report should be submitted by a courier or an employee of a receipt point). If any damage or missing Goods are found in a parcel delivered to a parcel locker, follow instructions displayed on a parcel locker screen.
- It is recommended to verify the condition of a parcel upon its receipt. If a damage to a parcel or missing Goods are found after the receipt of a parcel (e.g. after a courier has left, after leaving a receipt point or upon completing the receipt at a parcel locker), contact a courier service that has delivered the parcel (the phone number is available in a customer receipt) or a parcel locker operator.
- A damage report should contain the following information: the condition of a packaging (including information about any, even smallest dents), the description of damage, a customer receipt number, a delivery date, a name of a parcel recipient, names of persons preparing the report, the exact determination of the marking of package, e.g. labels and notices ‘careful’, ‘fragile’, etc.
- Immediately after preparing the report, the Customer should send the following information about reported damage or missing goods to the Seller’s address: Oldtimer Koni Jankowska Wioletta, Cottbuserstrasse 30, 03130 Tschernitz or via e-mail to :firstname.lastname@example.org:
a) a receipt number,
b) a scan of a damage report,
c) photo documentation of damaged Goods including the appearance of external packaging, and
d) contact data (a name, an address, a phone number or an e-mail address).
- While registering a Customer account or placing an Order without registration, the Customer may give consent to receiving commercial and marketing information from the Seller, including by e-mail or with terminal telecommunication devices and automatic diallers, i.e. via texts and e-mails, by checking a relevant option in an online form.
- A consent mentioned in section 1 above may be also expressed subsequently in a Customer panel on a Customer account in the ‘Personal Data’ section.
- If the Customer gives a consent to receiving an Online Store Newsletter, the Customer shall receive it together with other commercial information sent by the Seller to the e-mail address or phone number (depending on the choice made by the Customer).
- The Customer may withdraw a given consent at any time in the Customer panel by checking a relevant field or via an e-mail sent to email@example.com as well as by phone to +49 173 76 25 115.
- The controller of the Customer’s personal data obtained in line with these Regulations shall be the Seller, i.e. Oldtimer Koni Jankowska Wioletta, Cottbuserstrasse 30, 03130 Tschernitz, DE.
- The Seller shall process the following data of Customers:
a) a name of the Customer,
b) NIP (a tax identification number) (for businesses),
c) a domicile address or an address of a registered office,
d) a delivery address (if other than a domicile or registered office address);
e) a name of a contact person (for businesses);
f) a phone number and an e-mail address; and
g) a login and a password to the Online Store.
- The Seller shall process personal data of Customers in particular in order to render e-services, to fulfil an Order placed by the Customer properly, to execute and perform Sales Contracts and, if a Customer gives his consent, to send information about new products and promotions via a Newsletter mentioned in section XI above.
- Contact data of Customers shall be processed in line with applicable rules of law.
- The Seller shall not obtain data in an automated manner, except for data collected in cookies when using the Online Store. The Seller’s cookies policy is available at the address of the Online Store in the section ‘INFORMATION’ available at the bottom of the site (https://steibseitenwageneu.shoparena.pl/en_US/i/Cookies-Policy/19?preview=true).
- The Customer shall have the right, in the cases and on terms and conditions set forth in applicable rules of law, including but not limited to in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/WE (‘GDPR’), to:
a) obtain access to one’s data and receive their copies;
b) rectify personal data that concern the Customer;
c) erase personal data;
d) limit the processing of personal data;
e) transfer data;
f) object to processing personal data;
g) withdraw one’s consent;
h) not to be subject to decisions based on exclusively automated processing, including profiling; and
i) file a complaint to a supervisory authority.
- The Customer may update, rectify or delete the Customer’s data alone, after logging into the Online Store on the Customer’s account in the Customer’s panel in the ‘Personal Data’ section. Within a scope allowed by applicable law, the Seller may prevent the deletion of the Customer’s data, for example, if a due amount is not paid to the Seller or if a Customer violates the rules of law, if keeping personal data is necessary to explain circumstances of a case.
- Transferring personal data by the Customer shall be voluntary, however necessary for placing an Order and doing purchases in the Store and for using e-services rendered by the Seller.
- To fulfil an Order, the Seller may provide access to or transfer the Customer’s data to third parties, such as:
a) courier services that do deliveries of Orders;
b) operators of payment systems that serve online payments;
c) providers of complaint handling and warranty repair services;
d) various service providers, such as providers of IT, accounting, legal, audit and consulting services;
e) entities and authorities that are authorised to process data based on rules of law, including but not limited due to supervision over the compliance with laws on consumer protection as well as in specific cases to administration authorities, police, and common courts.
- The Seller shall make available and transfer data within the scope necessary to fulfil the purpose; in particular, the scope of any transferred data shall be limited to minimum.
- Links to other websites may be made available on the Online Store website. Such websites operate independently of the domain of the Store and are neither related to or supervised by the Seller. Controllers of such websites are third parties, independent of the Seller. Such parties may have their own privacy policies. The Seller shall not be liable for the rules of processing personal data within the above-mentioned websites.
- Any and all questions, applications and suggestions that concern privacy protection of the Customer, including but not limited to personal data, may be submitted to the Seller in the following manner:
a) via e-mails to firstname.lastname@example.org;
b) in writing to the address of the Seller’s registered office; or
c) by phone to +49 173 76 25 115
- Detailed rules of protecting personal data of Customers by the Seller shall be available at the address of the Online Store in the section ‘INFORMATION’ available at the bottom of the page (https://steibseitenwageneu.shoparena.pl/en_US/i/Privacy-Policy/18?preview=true).
XIII. Final Provisions
- Any disputes that may arise between the Seller and the Customer:
a) who is a Consumer, shall be resolved by common courts in line with applicable regulations of the Code of Civil Procedures;
b) who is not a Consumer, shall be resolved by a court competent for the registered office of the Seller.
- Regulations of applicable law, including but not limited to the Civil Code, the Act on Consumer Rights and the Act on E-Services, shall apply to any issues not governed herein.
- The Seller reserves the right to make temporary and necessary breaks in access to the Online Store due to its maintenance or modification. Such breaks shall not affect the fulfilment of any confirmed Orders.
- The Seller reserves the right to change these Regulations due to compelling reasons, for example when:
a) it is necessary to adapt the Regulations to applicable rules of law that directly affect the provisions of the Regulations or to recommendations, orders, rulings, decisions, interpretations, guidelines or decisions of competent authorities;
b) the functionality of the Online Store is developed or changed, including by introducing new services or changing technical conditions of rendering e-services as well as if the process of executing and performing Sales Contracts via the Online Store is changed; or
c) it becomes necessary to change contact data, names, identification numbers, e-mail addresses or links placed in the Regulations.
- The amended Regulations shall be made available at the address of the Online Store in the ‘INFORMATION’ section made available at the bottom of the website. The Seller shall notify Customers of a change of Regulations with a relevant message in the Online Store or with an e-mail sent to registered Customers of a change of Regulations.
- Amended Regulations shall be applicable to a registered Customer who does not terminate the Customer account agreement in the Online Store (i.e. does not delete the account in the manner indicated in art. III(9) above) before an effective data of the amended Regulations. An effective date of amended Regulations shall be minimum 7 (seven) days of the date of receiving a message of amended Regulations.
- An amendment to Regulations shall not affect Orders that are placed before an effective date of the amendment.