REGULATIONS SALES BY MEANS OF DISTANCE COMMUNICATION
These terms and conditions set out the rules for the use of the shop operated by the Seller.
Regulations, pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended) and Article 8 et seq. of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Regulations are made available free of charge through the Shop, the above ensuring the possibility of familiarising oneself with its content before concluding a contract.
The seller is :
STALKO Spółka z ograniczoną odpowiedzialnością sp.k. with registered office in Warsaw at the address: ul. Solec 24/253, 00-403 Warsaw, mailing address: ul. Gdyńska 32/14, 26-600 Radom, registered by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register under KRS number: 0000836475, REGON: 361379132, NIP: 9482603545, e-mail address: stalko@stalko.com.
You can get in touch with the Online Shop Service:
- at telephone numbers: +48 377 99 99 ( Mon-Fri 7am-3pm)
- using the e-mail address: info@lorries.shop
- by correspondence
In order to use the services provided by the Seller under these Terms and Conditions, the User should have: Web browser: Internet Explorer version no older than 7.0 or Mozilla FireFox version no older than 3.0 or Chrome (all versions) or Opera version no older than 2, Java Script enabled, Cookies enabled, active e-mail address, Internet access.
Personal data controller - STALKO Spółka z ograniczoną odpowiedzialnością sp.k. with registered office in Warsaw at the address: ul. Solec 24/253, 00-403 Warsaw, address for correspondence: ul. Gdyńska 32/14, 26-600 Radom
Regulations - these regulations. With regard to services provided by electronic means, these Regulations are the Regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
Customer (Buyer) - The buyer on the Website may only be an adult natural person or an entrepreneur conducting business in any form provided for by law.
Consumer - A consumer is defined as a natural person who makes a legal transaction with a trader which is not directly related to his commercial or professional activity.
Subject of the transaction - Goods listed and described on the website of the Website. The Seller makes every effort to ensure that the offer presented on the website is up-to-date. However, should some of the ordered Goods not be available, the Seller undertakes to immediately inform the Buyer about the situation by phone or e-mail.
Merchandise - the movable item to which the Sales Agreement relates.
Product - Goods and Additional Services presented on the Website.
Sales Contract - an agreement for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer, using means of distance communication (including by telephone).
Internet service (Service, Shop, Online Shop) - a service through which the Customer can purchase a Product.
Website - Service Provider and Customer.
Service page - any website or sub-site located at : www.lorries.shop
Order - a declaration of intent by the Customer, specifying unambiguously the type and quantity of Products, aiming directly at the conclusion of a Distance Selling Agreement via the Website.
(1) for a contract in the performance of which the trader delivers the goods under an obligation to transfer the ownership thereof, from the taking possession of the goods by the consumer or a third party indicated by the consumer other than the carrier and, in the case of a contract which:
(1) for the provision of services where the trader has provided a service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal after the trader has provided the service;
(2) in which the price or remuneration is dependent on fluctuations in the financial market over which the trader has no control and which may occur before the end of the withdrawal period;
3) where the object of the performance is a non-refabricated item, produced to the consumer's specifications or intended to meet the consumer's personalised needs;
4) where the object of the performance is an item that is perishable or has a short shelf life;
5) where the object of the performance is an item delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
6) in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
7) where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
(8) in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those requested by the consumer or goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the consumer has a right of withdrawal in respect of the additional services or goods;
9) in which the subject matter of the service is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
11) concluded by 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 day or the period of service;
13) for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
I. Legal note
The website www.lorries.shop (hereinafter referred to as the Website) belongs to STALKO Spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Warsaw at: ul. Solec 24/253, 00-403 Warsaw, address for correspondence: ul. Gdyńska 32/14, 26-600 Radom, registered by the District Court for the City of Warsaw in Warsaw, XII Economic Department of the National Court Register under KRS: 0000836475, REGON: 361379132, NIP: 9482603545, e-mail address: stalko@stalko.com.
II. Personal Data
In accordance with Article 13(1) and (2) of 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/EC (General Data Protection Regulation - GDPR), we inform you that:
The administrator of the Personal Data obtained by means of the website: www.hitze.pl is STALKO Spółka z ograniczoną odpowiedzialnością sp.k. with registered office at: ul. Solec 24/253, 00-403 Warsaw, KRS: 0000836475, mailing address: ul. Gdyńska 32/14, 26-600 Radom.
Data may be collected during the use of the Website by analysing access logs and when the user sends an email to the Data Controller - for technical and statistical purposes and to process an enquiry or send an offer - marketing (art.6(1)(f) RODO - legitimate interest of the controller).
Personal data will be made available to the entities managing the aforementioned website, to entities providing IT support for the software used by the Administrator and to entities authorised by law.
You have the following rights:
The right of access to the content of the data (pursuant to Article 15 RODO);
The right to rectification of data (pursuant to Article 16 of the RODO);
The right to erasure (pursuant to Article 17 RODO);
The right to restrict data processing (pursuant to Article 18 of the DPA);
The right to data portability (pursuant to Article 20 RODO);
The right to object (pursuant to Article 21 RODO);
the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal; withdrawal of consent should be sent to the address indicated in point 1 above or electronically to the e-mail address: iod@hitze.pl;
The right to lodge a complaint with a supervisory authority (the President of the Office for the Protection of Personal Data) if you consider that the processing of personal data concerning you violates the provisions of the General Data Protection Regulation.
The provision of personal data is voluntary, but necessary for the correct use of this website and for answering an enquiry.
The information you provide is not subject to automated decision-making and is not profiled.
Data will not be transferred to a third country or international organisation.
The data will be stored until an objection is made to the notification of the data, but no longer than is required by law.
For matters relating to data protection, please contact the designated Data Protection Officer, Mr. Paweł Strzałkowski, by sending an email to: iod@hitze.pl.
III. COOKIES
The website uses cookies for the proper functioning of the aforementioned website. The user can disable the option to accept cookies in their web browser at any time. This may cause some difficulties in using the Website. The data collected in the logs are used solely for the purpose of administering the Website. This data is not associated with specific persons browsing the Website. Cookies do not change the configuration of your device or the software installed on your device. In order to ensure the highest possible quality of the Website, we analyse the log files to determine: which pages are visited most frequently, which web browsers are used, whether the structure of a page contains errors, etc.
What cookies we use:
„Session cookies” - these are temporary information stored in the browser's memory until the browser session ends, i.e. until the browser is closed. These cookies are mandatory for certain applications or functionalities to work correctly.
„Permanent cookies” - these make it easier to use frequently visited pages (e.g. ensure optimal navigation, remember the selected resolution, layout of content, etc.). This information remains in your browser's memory for an extended period of time. The length of time depends on the choice you can make in your browser settings. This type of cookie allows information to be transmitted to the server each time a page is visited. Persistent cookies are also referred to as tracking cookies.
„Cookies” of third parties - (third party cookies) - are information originating, for example, from advertising servers, servers of companies and service providers (e.g. search engines or maps placed on the website) cooperating with the owner of the respective website. This type of cookie makes it possible to tailor advertising - which can make the use of websites free of charge - to the preferences and habits of their users. They also make it possible to assess the effectiveness of advertising activities (e.g. by counting how many people have clicked on a given advertisement and navigated to the advertiser's website).
The above information comes from the website: http://wszystkoociasteczkach.pl/ run by the Association of Internet Industry Employers IAB Poland.
Management of cookies
The user has the possibility to manage cookies himself. It is possible to accept the handling of cookies in your browser, which allows you to take full advantage of the options offered by the Website, or to specify settings for different types of cookies (for example, to accept persistent files - serial cookies) or to block or delete cookies.
The logs are stored for an indefinite period of time and are not made available to other parties, with the exception of the managers of the site, the server and those who analyse visits to the site. Cookies are not used to obtain any information about the users of the Website or to track their navigation. The Website does not store any personally identifiable information.
IV. Copyright
The contents of the Service do not constitute an offer within the meaning of the Civil Code and are for information purposes only. STALKO sp. z o.o. sp.k. does not give any guarantee as to form and content of information placed on the Site, in particular the up-to-dateness, accuracy, usefulness of presented data. STALKO sp. z o.o. sp.k. shall not be held liable for any potential damages incurred by persons using the Service. Any risk related to the use of content placed on the Website shall be borne by persons using the Website.
All rights reserved. The rights to reproduce, use and publish the content of the website www.hitze.pl or parts thereof are subject to the provisions of the Act on Copyright and Related Rights of 04.02.1994 (i.e. Journal of Laws of 2019, item 1231, as amended). It is forbidden to copy, publicly share and use for commercial purposes any materials and graphics contained on the website www.hitze.pl or parts thereof, except for the cases mentioned in the aforementioned Act. The use of www.hitze.pl content does not imply the acquisition of any rights to it. The use of www.hitze.pl content for non-commercial purposes may be permitted only after prior consultation with a STALKO sp. z o.o. sp.k. representative. All graphic marks (logos) and trade names of products used in the Service belong to their owners.
model withdrawal form
Place, date
………………………………………
………………………………………
………………………………………
Name of consumer(s)
Address of consumer(s)
Name and address of the trader
Statement
of withdrawal from a distance contract
or off-premises
I/We (*)..................................... hereby give notice(*) of my/our(*) withdrawal from the contract of sale of the following items(*) .............................................
contracts for the supply of the following items(*) ....................................................................
a contract for the following work/provision of the following service(*)................................................................................................................
Date of conclusion of the contract1/acceptance2(*)………………………………………..……………….
……………………………………
Signature of consumer(s)
(*) Delete as appropriate
1 specify if the contract was for the provision of services
2 specify if the contract was for the purchase of goods
Model Complaint Form
Place, date
To
(full name and business address of the trader)
First name, surname
Consumer address
Reclamation of goods
I hereby give notice that the goods purchased by me on ...... are defective. The defect consists of ..................... The defect was found on .............................. In view of the above, on the basis of the Act of 23 April 1964 of the Civil Code, I demand:
Yours sincerely
* delete as appropriate
Code of good practice for e-commerce
By using this code, the entrepreneur / shop / retailer undertakes to comply fully with its provisions. The implementation of the code is aimed at maintaining and strengthening the best possible relations with the company's internal and external environment, i.e. with both customers and other business partners.
We are committed to generally accepted ethical standards, including the fundamental principles:
(1) The Seller hereby informs consumers of the possibility to make use of out-of-court dispute resolution. At the same time, he explains that the use of out-of-court means of dealing with complaints and claims is voluntary.
(2) Detailed information on the above-mentioned procedures is available at the website of the Office of Competition and Consumer Protection. The information is also available in the offices and on the websites of district (city) consumer ombudsmen and Provincial Trade Inspection Inspectorates.
3 Examples of out-of-court dispute resolution methods for Consumers include:
a. apply to a permanent amicable consumer court as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection for the settlement of a dispute arising from a concluded Sales Agreement;
b. apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Inspection, with a request to initiate mediation proceedings for an amicable settlement of a dispute between the Consumer and the Seller;
c. the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include protecting consumers (inter alia. Federation of Consumers, Association of Polish Consumers) for free assistance in resolving a dispute between a Consumer and a Seller.
(4) The Seller shall also provide an electronic link to the ODR platform in these Terms and Conditions and on the Website: http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.