§ 1
Preliminary provisions
1. Online store Shop Morgan Motors & BC Garage, available online at sklep.morgan-motors.pl, is run by METAL FANTASY SP ZOO based in Gnieźnieńska 139, 62-006 Bogucin entered in the National Court Register by the District Court in Poznań , 8th Economic Department of the National Court Register under KRS number 0000342265, NIP 7773141634, REGON 301290551
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§ 2
Definitions
1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
2. Seller – METAL FANTASY SP Z O O with registered office in Gnieźnieńska 139, 62-006 Bogucin entered in the National Court Register by the District Court in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000342265, NIP 7773141634, REGON 301290551
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
5. Shop – an online store run by the Seller at the online address sklep.morgan-motors.pl
6. Contract concluded at a distance – an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
7. Regulations – these Regulations of the Store.
8. Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
9. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
10. Registration form – a form available in the Store, enabling the creation of an Account.
11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store’s software in which the Products selected for purchase are shown by the Customer, and it is also possible to determine and modify the given Order, in particular the quantity of products.
13. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the Product features – a contract for the provision of services and a contract for the work.
§ 3
Contact with the store
Seller – METAL FANTASY SP Z O O with its registered office in Gnieźnieńska 139, 62-006 Bogucin entered in the National Court Register by the District Court in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000342265, NIP 7773141634, REGON 301290551
1. Seller’s address: Gnieźnieńska 139, 62-006 Bogucin
2. Seller’s e-mail address: sklep@morgan-motors.pl
3. Telephone number of the Seller: +48 514773378
5. Seller’s bank account number
6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
§ 4
Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need:
a. terminal device with access to the Internet and a browser such as Chrome, Firefox, Edge, Safari
b. an active e-mail account (e-mail),
c. enabled cookies files,
§ 5
General information
1. The Seller, in the widest extent permitted by law, is not liable for any disruptions to this interruption in the functioning of the Store caused by force majeure, unauthorized activity of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
3. Prices given in the store are given in Polish zlotys and are gross prices (including VAT). The price can be converted to other currencies at the user’s request.
4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing orders, including the moment you express your will to be bound by the Sales Agreement.
5. In the case of an Agreement including a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
6. When the nature of the subject of the Agreement does not allow, judiciously judging, for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given in the Store in the description of the Product.
§ 6
Creating an Account in the Store
- To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data – name, surname, address, e-mail address, telephone number. For companies – company name and NIP.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular via electronic mail or in writing to the addresses provided in § 3.
§ 7
The rules for placing orders
In order to place an Order:
- log in to the Store (optional);
- choose the Product that is the subject of the Order, and then click “Add to basket” (or equivalent);
- log in or use the option of placing an Order without registration;
- if you have chosen to place an Order without registration – fill out the Order Form by entering the details of the order recipient and the address where the Product delivery is to be made, choose the type of shipment (method of delivery of the Product), enter the invoice data if different from the recipient’s details,
- click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the email,
- choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
§ 8
Offered delivery methods and payments
- The Customer may use the following methods of delivery or collection of the ordered Product:
- Postal package, postal collection,
- Courier shipment, courier delivery,
- Personal collection available at: METAL FANTASY SP Z O O, Gnieźnieńska 139, 62-006 Bogucin
- The customer can use the following payment methods:
Wire transfer
cash on delivery
Payment by transfer to the Seller’s account
Electronic payments
Payment by credit card. - Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§ 9
Execution of a sales contract
1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the customer chooses:
a. payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
b. payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
c. cash payment upon personal delivery of a shipment, the Customer is obliged to make a payment upon delivery of the shipment within …. days from the date of receipt of information about the readiness of the parcel to be picked up.
4. If the Customer has chosen a delivery method other than a personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph) in the manner chosen by the Customer when placing the Order.
5. A If you order Products with different delivery times, the delivery date is the longest given time.
B If you order Products with different delivery times, the Customer has the option to request delivery of Products in parts or to deliver all Products after completing the entire order.
6. The beginning of the delivery of the Product to the Customer counts as follows:
a. 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.
b. If the Customer chooses the method of payment on delivery – from the day of concluding the Sale Agreement,
6. If the Customer selects a personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided during the Ordering.
7. In case of ordering Products with different dates of readiness for collection, the date of readiness for receipt is the longest given date.
8. The beginning of the Product ready for collection by the Customer counts as follows:
a. 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.
b. If the Customer chooses cash in personal collection – from the day of concluding the Sale Agreement.
9. Product delivery takes place in Europe
10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
11. The Customer’s personal collection of the Product is free.
§ 10
The right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the deadline specified in paragraph 1 begins with delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
4. In the case of the Agreement, which consists in regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.
6. The declaration may be sent by traditional mail, fax or e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form which the template is attached as Appendix No. 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
7. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
8. Effects of withdrawing from the Agreement:
a. In case of withdrawal from the Contract concluded remotely, the Agreement shall be deemed void.
b. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, make all payments made by him, including the cost of delivering the item, with the exception of additional costs resulting from the Consumer’s choice the method of delivery other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement shall be made by the Seller using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which will not entail any costs for him.
d. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
e. The Consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
g. The consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it can not be sent in regular mode by post, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
10. The right to withdraw from the agreement concluded remotely is not entitled to the Consumer in relation to the Agreement:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
b. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
d. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
f. in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,
i. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
j. for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the Agreement,
§ 11
Complaint and warranty
1. The New Sale and Used Products are covered by the Sales Agreement. The status of each used Product is described in detail in the Store’s pages.
2. The seller is obliged to provide the customer with a product free from defects.
3. In the event of a defect purchased from the Seller of the goods, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
5. It is recommended that the complaint include concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the good.
6. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
7. Goods sent back as part of the complaint procedure should be sent to the following address: METAL FANTASY SP Z O O, Gnieźnieńska 139, 62-006 Bogucin
8. If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product in the Store.
§ 12
Out-of-court ways to handle complaints and redress
1. Detailed information on the Consumer’s option of out-of-court settlement of complaints and rules of access to these procedures is available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and 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_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to request a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle a dispute arising from the Contract concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers) .
§ 13
Personal data in the Online Store
1. The Seller of the personal data of Customers collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store’s Customers may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 14
Final Provisions
1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.
