Online Shop Regulations

SOJKA-PARTS.COM ONLINE SHOP REGULATIONS

TABLE OF CONTENTS:

1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT OPINIONS
11. FINAL PROVISIONS
12. MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl.The Online Shop www.sojka-parts.com takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1.1. The Online Shop available at www.sojka-parts.com is run by Wiktor Sojka, running a business under the name F.H.U WIKTOR SOJKA entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: Wrzawy 22, 39-432 Gorzyce, Poland, tax identification number: PL8672173277, national economy register (REGON) number 181166734, e-mail address: sales@sojka-parts.com, phone number: +48 17 250 88 92.

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise.

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service User or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties 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 – the form available in the Online Shop that allows you to create an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service User, in which are collected the data provided by the Service User and the information about Orders placed in the Online Shop.

1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

1.4.8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

1.4.9. REGULATIONS – these regulations of the Online Shop.

1.4.10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.SOJKA-PARTS.com

1.4.11. SELLER; SERVICE PROVIDER – Wiktor Sojka, running a business under the name F.H.U WIKTOR SOJKA entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, having: the address of the business place and the delivery address: Wrzawy 22, 39-432 Gorzyce, Poland, tax identification number: PL8672173277, national economy register (REGON) number 181166734, e-mail address: sales@sojka-parts.com, phone number: +48 17 250 88 92.

1.4.12. SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

1.4.13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service User via the Online Shop.

1.4.14. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)

1.4.16. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – The use of Account is possible after completing three following steps by the Service User - (1) completing the Registration Form, (2) clicking the "Register Account" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service User to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: sales@sojka-parts.com or in writing to: Wrzawy 22, 39-432 Gorzyce, Poland.

2.1.2. Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Order and pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.

2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created, the Service User is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: sales@sojka-parts.com or in writing to the following address: Wrzawy 22, 39-432 Gorzyce, Poland.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service User is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the actual state. The Service User is prohibited from providing unlawful content.

2.4. The complaint procedure concerning Electronic Services is described in point 6 of the Online shop Regulations.

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Shop website is given in Polish zlotys (PLN) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

4.1.1. Cash on delivery.

4.1.2. Payment in cash on personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.4. Electronic payments and credit card payments, Blik payments as part of IMOJE service, provided by ING Bank Śląski SA., Sokolska 34, 40-086 Katowice, entered into the Register of Entrepreneurs in the District Court Katowice - Wschód, VIII Commercial Division of the National Court Register under KRS number 0000005459, share capital in the amount of PLN 130,100,000.00 paid up in full, Tax ID (NIP): PL6340135475, national economy register (REGON) number: 271514909.

4.1.5. Electronic payments and credit card payments as part of IdoPay service provided by IdoPayments Sp. z o.o. based in Szczecin (address: al. Piastów 71-064 Szczecin), entered into the register of entrepreneurs of the National Court Register under KRS number 0000859711; registration files kept by the District Court Szczecin - Centrum in Szczecin, XIII Commercial Division of the National Court Register, Tax ID (NIP): PL8522666251; website: https://www.idosell.com/pl/idopay/.

4.1.6. Payments in installments - payment is made in whole or in part using funds from a loan granted by CREDIT AGRICOLE BANK POLSKA SPÓŁKA AKCYJNA based in Wrocław, Legnicka 48 / building. C-D, 54-202 Wrocław, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, KRS number: 0000039887, Tax ID (NIP): PL6570082274, with share capital of PLN 876 833 400,00.

4.1.7. Leasing payment - payment is made in whole or in part using funds from a leasing agreement concluded between the Customer and the financing party, i.e. LEASELINK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (United States Avenue 59, 04-028 Warsaw), share capital 210 600 PLN, 00, registered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the KRS number: 0000477046, Tax ID (NIP): PL5272698282, national economy register (REGON) number: 146815482).

4.1.8. Trade credit - in a case of an established cooperation with a Customer who is an entrepreneur, the Seller may grant a so-called trade credit. In order to agree on details, the Customer can contact the Seller using the contact details provided at the beginning of these Regulations.

4.2. Payment deadline:

4.2.1. If the Customer chooses 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 day of concluding the Sales Contract.

4.2.2. If the Customer chooses cash on delivery or payment in cash on personal collection, the Customer is obliged to make the payment upon delivery.

4.2.3. 4.2.3. If the Customer selects the PayPo deferred payment, the Customer is obliged to make the payment to PayPo Sp. z o.o. within 30 calendar days from the date of concluding the Sales Contract or - if the Customer chooses to pay in installments – the debt repayment in accordance with the loan repayment schedule agreed with PayPo Sp. z o.o.

5.1. The product delivery is available on the territory of the European Union.

5.2. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

5.3. Personal collection of a Product by the Customer is free of charge.

5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.4.1. Courier parcel, courier on delivery parcel.

5.4.2. Pallet parcel.

5.4.3. Personal collection available at: Wrzawy 22, 39-432 Gorzyce, Poland – in Business Days, between 8 a.m. and 4 p.m.

5.5. The deadline for delivery of the Product to the Customer is up to 30 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 30 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:

5.5.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.

5.5.2. If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.

5.5.3. If the Customer chooses the method of payment in the installment, leasing, or deferred payment system - from the date of notifying the Seller by the lender about the conclusion of the loan agreement with the Customer, but no later than from the date of crediting the Seller's bank account with funds from the loan granted to the Customer.

5.6. The deadline for readiness of the Product to be picked up by the Customer – if the Customer selects a personal Product collection, the Product will be ready to be picked up by the Customer within 45 minutes. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected by an appropriate e-mail sent to the Customer's e-mail address provided when placing the Order. The beginning of the deadline for the readiness to collect the Product counts as follows.

5.6.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the moment of crediting the Seller's bank account or current account.

5.6.2. If the Customer chooses the payment in cash on personal collection - from the moment of concluding the Sale Contract.

5.6.3. If the Customer chooses the method of payment in the installment, leasing, or deferred payment system - from the moment of notifying the Seller by the lender about the conclusion of the loan agreement with the Customer, but no later than from the moment of crediting the Seller's bank account with funds from the loan granted to the Customer.

6.1. This section 6 of the Online shop Regulations defines the procedure for handling complaints common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Shop.

6.2. The basis and scope of liability are set out in the generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended).

6.2.1. The detailed provisions concerning the complaint about the Product - a movable item - purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31. December 2022 are defined by the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556-576 of the Civil Code. These provisions define in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a defect-free Product. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.

6.2.2. The detailed provisions concerning the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item which serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 are specified in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

6.2.3. The detailed provisions concerning the complaint of a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller as of 1. January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date are specified in the provisions of the Consumer Rights Act in the wording in force as of 1. January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer if the Product does not comply with the Sales Agreement.

6.3. A complaint can be made, for example:

6.3.1. in writing to the following address: Wrzawy 22, 39-432 Gorzyce, Poland;

6.3.2 electronically by e-mail to: sales@sojka-parts.com;

6.4. The sending or returning of the Product within the scope of the complaint may take place at the address: Wrzawy 22, 39-432 Gorzyce, Poland.

6.5. It is recommended to state in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the nature and date of the irregularity or non-conformity with the contract; (2) the demand for the manner of bringing the complaint into conformity with the contract or the declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and expedite the processing of the complaint. The requirements given 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.

6.6. If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the seller.

6.7. The complainant may attach evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos) if this will facilitate and speed up the consideration of the complaint by the Seller.

6.8. The seller shall respond to the complaint immediately, but no later than within 14 calendar days of receipt.

7.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer 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. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

7.4. An online platform for settling disputes between the consumers and the entrepreneurs 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 the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in clause 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

8.1.1. in writing to the address: Wrzawy 22, 39-432 Gorzyce, Poland;

8.1.2. in electronic form via e-mail to the following address: sales@sojka-parts.com;

8.2. The return of the Product - movables (including movables with digital elements) within the framework of withdrawal from the contract may take place at the address: Wrzawy 22, 39-432 Gorzyce.

8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations. The consumer may use the sample form, but it is not obligatory.

8.4. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - 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 a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products for a fixed period - from the taking possession of the first Product;

8.4.2. for other contracts, from the date of conclusion of the contract.

8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.6. Products - moving things, including moving things with digital elements:

8.6.1. The Seller is obliged to return to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal, all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary method of delivery available in the Online Shop). 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 incur any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.

8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer shall be obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he or she has withdrawn from the agreement, or to hand it over to a person authorised by the Seller for collection, unless the Seller has offered to collect the Product himself. It is sufficient to send back the Product before the deadline.

8.6.3. The Consumer shall be liable for any diminution in the value of the Product - a movable item (including a movable item with digital elements) - resulting from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Product.

8.7. Products - digital content or services:

8.7.1. In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product - digital content or digital service - provided by the Seller, except content that: (1) are only useful in connection with the digital content or digital service that formed the subject matter of the contract; (2) relate exclusively to the consumer's activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which shall not affect the consumer's rights referred to in the previous sentence. The consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2. In the event of withdrawal from the contract for the provision of a Product - digital content or digital service, the consumer is obliged to stop using that digital content or digital service and making it available to third parties.

8.8. Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:

8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him/her.

8.8.2. For Products - movable items (including movable items with digital elements) - the consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product - service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the performance rendered until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.

8.9. The consumer's right of withdrawal from a distance contract does not apply to contracts:

8.9.1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller's performance he will lose the right to withdraw from the contract, and has acknowledged it; (2) 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 expiry of the deadline for withdrawal; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - not prefabricated, manufactured to the consumer's specification or serving to satisfy his/her individual needs; (4) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the performance is a Product - a movable thing (including a movable thing with digital elements) - delivered in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance are Products - movables (including movables with digital elements) - which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (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 fluctuations on the market, over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides, in addition, other services than those which the consumer requested, or supplies Products - movable items (including movable items with digital elements) -,other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that he will lose his right of withdrawal after the Seller has performed the service and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer has explicitly requested the Seller to come to the consumer's home for repair and the service has already been fully performed with the consumer's explicit and prior consent.

8.10. The provisions contained in this section 8. of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

9.1. This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service User who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service User who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract..

9.4. The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service User.

9.5. The Seller shall not be liable for any delay, loss, damage or defect of the Product after its release to the carrier or other entity engaged in the delivery of the Product to the Customer.

9.6. The liability of the Service Provider/Seller to the Service User/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service User/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller is also not responsible for delay in transporting the shipment. The Service Provider/Seller is not liable to the Service Provider/Seller for damages incurred by these Service Provider/Seller related to downtime of machines, devices or enterprises (in whole or in part), delays in the delivery of new Products, including that the Service Provider/Seller is not responsible for costs related to the disassembling of the Products and parts from machines. The Service Provider/Seller is not liable to the Service Recipient/Customer for lost profits.

9.7. All disputes arising between the Seller/Service Provider and the Customer/Service User shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider..

10.1. The Seller allows its Customers to issue and access opinions about the Products and the Online Shop under the terms and conditions indicated in this section of the Terms and Conditions.

10.2. It is possible for the Customer to give an opinion on a Product or on the Online Shop using a feedback form. This form can be made available directly on the website of the Online Shop (including via an external widget) or can be made available via an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphic rating or a picture of the Product - if such an option is available in the opinion form.

10.3. An opinion on a Product may be issued only for the Products actually purchased from the Seller's Online Shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.

10.4. Adding opinions by Customers may not be used for illegal activities, in particular for activities that constitute an act of unfair competition or activities that infringe personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good manners.

10.5. Opinions may be made available directly on the website of the Online Shop (e.g. next to a given Product) or on an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

10.6. The Seller shall ensure that published reviews of Products come from its Customers who have purchased the Product in question. To this end, the Seller shall take the following steps to verify that the reviews come from its Customers:

10.6.1. Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Service Provider. Verification consists in checking compliance of an opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Shop - in this case the Seller checks whether that person made a purchase at the Online Shop, and in the case of an opinion on a Product, additionally checks whether that person purchased the Product reviewed. Verification takes place without undue delay.

10.6.2. The Seller sends its Customers (including by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.

10.6.3. In the case of doubts of the Seller or objections directed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Online Shop or has purchased the Product reviewed.

10.7. Any comments, appeals against the verification of an opinion or objections as to whether a given opinion comes from a Customer or whether a given Customer has bought a given Product may be made in a manner analogous to the complaint procedure indicated in section 6 of the Regulations.

10.8. The Seller shall not post or cause to be posted by another person any untrue opinions or recommendations of Customers and shall not distort the opinions or recommendations of Customers in order to promote its Products. The Seller shall make available both positive and negative opinions. The Seller does not provide sponsored opinions.

11.1. The contracts concluded via the Online Shop are concluded in English.

11.2. Change of Regulations:

11.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

11.2.2. In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service User was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service User has the right to withdraw from the contract.

11.2.3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Users/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contracts.

11.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.

11.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.

11.4.1 The Regulations are valid from 24/05/2023

11.4.2 The regulations valid until 23/05/2023 are available here

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

– Addressee:

F.H.U WIKTOR SOJKA
Wrzawy 22, 39-432 Gorzyce, Poland
sojka-parts.com
sales@sojka-parts.com

- I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)

 

– The date of conclusion of the contract (*)/ recipe (*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of consumer(s) (only if the form is sent in a paper version)

– Date

(*)Delete as applicable.