TERMS AND CONDITIONS OF USING THE ONLINE SHOP www.torqueshop.eu
Online store available at www.torqueshop.eu is owned by Robert Wiewiórski doing business under the name POLTORQUE based in Tymbark 234, 34-650 Tymbark, limanowski district, Małopolska province, Tax Identification Number: 7371894946, REGON: 121384403, registered in the Central Polish Register and Information on Business Activity kept by the Ministry of Economy, available at www.firma.gov.pl hereinafter referred to as the Seller
1.1. Shop - online shop available at www.torqueshop.eu
1.2. Customer - an adult natural person, having full legal capacity and legal person, acting through its bodies or agents, using the Shop.
1.3. Consumer - an individual who is the Customer of the Shop, shopping for purposes directly outside their trade or profession.
1.4. Terms and Conditions – these terms and conditions for online shop www.torqueshop.eu set rules for placing and accepting orders, including the time of contract conclusion, the conditions of the agreement of sale, rights of the buyer who is a consumer and related to withdrawal from the contract and complaint procedures, and rules for the provision of electronic services and data processing.
1.5. Order Form - Form available at www.torqueshop.eu allowing placing an order to purchase products offered by the shop.
1.6. E-service - service allowing the Customer to place an order in the shop through the order form.
1.7. Business Day - Monday through Friday, excluding holidays and public holidays for the purposes of the Act of 18 January 1951 on public holidays.
1.8. Order - a statement of the Customer or Seller forming an invitation to the contract for sale of the goods offered by the shop. Order can be made through the order form.
1.9. Transport Law - the Act of 15 November 1984 Transport Law (Journal of Laws No. 53, item 272, as amended)
2. GENERAL PROVISIONS
2.1. Placing an order by the Buyer through the online shop www.torqueshop.eu is equivalent to the acceptance of the provisions of these Terms and Conditions.
2.2. The content of these Terms and Conditions may be saved, obtained and reproduced at any time by printing, copying to a suitable carrier or downloading in PDF format and saving in computer memory.
2.3. Free software to view files in PDF format can be downloaded from the website www.get.adobe.com/reader .
2.4. The proper use of the site www.torqueshop.eu (communication system) requires the use of a computer, tablet, laptop, netbook, notebook, phone or other multimedia device with Internet access, access to email and the use of a web browser installed on one of the above devices, Mozilla Firefox version 10 or higher, Internet Explorer version 8.0 and higher, Opera version 11 or higher, Google Chrome version 17 and higher, as well as cookies support enabled in the web browser.
2.5. All pictures, announcements, publications, advertising and pricing posted on the website www.torqueshop.eu do not constitute an offer within the meaning of the Civil Code, but only an invitation to place orders in accordance with article 71 of the Civil Code.
3. PLACING ORDERS
3.1. Orders may be placed by individuals of legal age with full legal capacity and by legal persons, through their representatives.
3.2. Minors and persons with limited capacity to act can place orders only with the knowledge and consent of their legal representatives.
3.3. The prices indicated at the website www.torqueshop.eu are gross prices including VAT rates and denominated in Polish zloty (PLN), the prices can be expressed in other currencies and in net amount.
3.4. Orders can be placed with the following options:
a) prepayment (advance payment to the designated bank account of the Seller)
b) cash on delivery (payment at the time of delivery of the ordered products).
b) payment by credit card
3.5. The following are the conditions for the conclusion of the contract of sale of the products presented on the website www.torqueshop.eu:
a) placing an order by the Buyer through a form available on the Shop website,
b) providing personal information necessary for completion of the sale contract and billing: first name and last name, address of the Customer, delivery address, telephone number, e-mail address and the name and price of ordered products, and the method of delivery. For Customers doing business and placing the order in connection with these activities also tax identification number and the name and place of business,
c) confirmation of the order by the Seller, the confirmation shall include at least the following: the trade name of the product, the number of items ordered and the price of individual items and price for the entire order as well as shipping costs depending on the order options (on delivery or prepayment),
d) payment to the account of the Seller of the amount indicated in the order confirmation (in case of prepaid order).
3.6. Confirmation of the order is sent to the e-mail address indicated by the Buyer in the Order Form.
3.7. Order execution (shipment of the ordered goods) occurs not later than two business days after the date on which the order has been placed, or in 2 working days when ordered on a public holiday.
3.8. The Seller may refuse execution of an order in case of:
a) failure to pay by bank transfer within 3 working days from the date of receipt by the Buyer of the order confirmation (for orders with prepayment options)
b) failure to indicate in the order form all the data necessary to execute the order.
3.9. To each order, shipping costs via Polish Post or other postal operator are added, including courier service, in accordance with the tariffs established and published by these entities.
3.10. If the Seller cannot comply with the provision due to the unavailability of the ordered product, the Buyer will be reimbursed the money paid on account of the price immediately, not later than 7 days from the date of notification of inability to perform the order, unless the Buyer agrees to extend the term of the order by more than 30 calendar days from the date of the order acceptance.
3.11. Buyer may cancel an order until the date of accession by the Seller to its execution.
3.12. The prices of the products presented on the Shop website are subject to change, however, this does not apply to product prices, which have been confirmed by the Seller in the order confirmation.
4. ORDER PROCESSING
4.1. The Shop ships packages to the address indicated in the order, so that it is recommended to check the correctness of the address in order confirmation received from the Seller, because an incorrect address can result in delays in the order execution.
4.2. Sending goods, the Shop provides a packaging corresponding to properties of items and ensuring their integrity.
4.3. The confirmation of the purchase contract between the Seller and the Customer, and the number and range of goods ordered is a receipt (receipt or invoice) included in the package.
4.4. In view of the provisions of transport law and complaint rights for damage or destruction of the consignment in transit arising from that legislation, it is recommended to check in the presence of the courier the integrity of packaging tape and where possible contents of the package, especially for signs of mechanical damage and shortages.
4.5. In case of damage to package or product it is recommended that the protocol is drawn up in the presence of the courier or within seven days from the date of delivery.
4.6. Complaints regarding damage or defects caused during shipment are granted - under the transport law of lading - as a general rule to the recipient.
4.7. In the case of the contract with an on delivery option the Seller reserves the right of ownership of the goods ordered until payment by the Buyer of a full price for the goods ordered.
5. RIGHT OF WITHDRAWAL (for Customers who are Consumers)
5.1. Customer who is a Consumer, in accordance with Art. 7 of the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products, have the right for any reason to withdraw from the contract by submitting a statement in writing within 10 (calendar) days of receipt of the ordered product.
5.2. To comply with this deadline, one must send a statement before its expiry.
5.3. For purposes of evidence, it is recommended to send a statement of withdrawal from the sales contract by registered letter.
5.4. Notice of withdrawal from the contract may take the following form: "I hereby withdraw from the purchase contract for (product name, order number, price) according to art. 7 paragraph 1 of the Law on the protection of consumer rights and liability for damage caused by dangerous products", other statements, forms and templates available on the Internet are also acceptable, as long as they unequivocally express willingness to withdraw from the contract by the Buyer.
5.5. In the case of exercising the right to withdraw from the contract (in accordance with art. 7, paragraph 1 of the Law on the protection of consumer rights) the contract is considered null and void, what the parties rendered shall be returned unchanged unless a change was necessary in the ordinary course of business.
5.6. It is recommended to return the ordered goods in the original packaging and include the proof of purchase (receipt or invoice).
5.7. The refund of the value of the goods paid by the Customer will be made immediately to the bank account number given in a statement of withdrawal.
5.8. The Customer is not entitled to withdraw from a distance contract in cases of:
5.8.1. provision of service commenced upon Customer’s consent, prior to the deadline for withdrawal,
5.8.2. regarding audio-visual and visual recordings and those recorded on data carriers after removing the original packaging by the customer,
5.8.3. contracts for services for which the price or remuneration depends solely on the movement of prices in financial markets,
5.8.4. benefits of the characteristics specified by the consumer in their order or closely associated with them,
5.8.5. benefits, which by their nature cannot be returned or are subject to rapid deterioration,
5.8.6. delivery of newspapers,
5.8.7. services in the field of gambling.
6. TERMS OF RETURNING PURCHASED GOODS
6.1. The basis for considering the complaint is substantiation by the Buyer that the goods were purchased in the Shop www.torqueshop.eu , therefore it is recommended that you save: fiscal receipt, invoice or warranty card (if it was included with the product).
6.2. In accordance with the Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code the Shop is responsible for non-compliance of the goods sold with the contract, in the event of its finding before the end of two years from the date of receipt of the ordered goods.
6.3. A complaint may be filed in any form, such as by sending a complaint by e-mail to: firstname.lastname@example.org or by post to the Seller: Robert Wiewiórski Poltorque Tymbark 234, 34-650 Tymbark.
6.4. Where a complaint is deemed justified, the Shop covers the cost of shipping the product being returned.
6.5. The Seller shall respond to the complaint within 14 (calendar) days of receipt of the complaint. This term is necessary to examine the product being returned. It is recommended to identify suitable forms of contact with the Customer: contact phone and e-mail.
6.6. In the case of non-conformity Customer has the right in the first place to demand a new replacement or free repair.
6.7. If replacement of the product with a new one or repair free of charge is not possible, involve excessive costs or the Seller fails to replace or repair it in a timely manner, or if repair or replacement would cause significant inconvenience to the Customer, the Customer has the right to demand an appropriate reduction in the price or withdraw from the contract.
7. TERMS OF ELECTRONIC PROVISION OF SERVICE
7.1. Provision of electronic services consisting of enabling the Customer to order using the order form is free.
7.2. Conclusion of a contract for the provision of electronic services which enable PLACING an order by filling out the order form occurs at the time of entering by the Customer of the Store website page with the order form and starting to fill it.
7.3. Completion and implementation of electronic services occurs at the time of placing or termination of the order by the Customer.
8. COMPLAINTS REGARDING ELECTRONIC SERVICES
8.1. Complaints related to the provision of electronic services may be submitted via e-mail to the e-mail address: email@example.com or IN writing to: Robert Wiewiórski POLTORQUE Tymbark 234, 34-650 Tymbark.
8.2. Consideration of complaints regarding electronic service shall take place immediately, not later than 14 days from the date of receipt.
8.3. The reply to the complaint is sent to the email address specified in the Customer's complaint letter or to the return address.
8.4. It is recommended to provide the following information in order to facilitate and speed up the complaint investigation: the nature and date of the occurrence of irregularities, contact information including email address.
9. RISKS ARISING FROM THE USE OF THE E-SERVICE VIA THE INTERNET
9.1. Due to the public nature of the Internet, which is used to provide services, the use of these electronic services may be associated with risks related to third-party interference in the transmission of data transmitted through it between the Shop and the Customer. Specific risk is associated with the use of a user account in the Shop by unauthorized persons if the Customer fails to exercise due diligence in keeping confidence of their login and password, or if they provide this information to third parties, or will log in to their account even though it is not used at the time or in the case of "infecting" the communication system by various software created mainly for the purpose of causing harm, such as viruses, "worms" or Trojans. To avoid the risks associated with it, including those appearing while opening e-mails, it is important that the customer provides their computer or other device through which they connect the Internet with anti-virus software and keep it up to date by installing the latest version as soon as they appear on the market.
9.2. The Seller further informs that the particular risks associated with the use of electronic services, including the one described in the Terms and Conditions, are associated with the activities of the so-called hackers aiming to break into both the Shop system (such as attacks on its site) and the Customer’s system.
9.3. Therefore, the Customer acknowledges that despite the Seller's use of diverse, modern "defence" technology, a perfect security against adverse effects described above does not exist.
9.4. Entering in the Order Form of any data infringing third party rights (unauthorized use) is prohibited.
9.5. The Seller is not responsible for the content of the data entered by the customer via order form, especially for infringement of any rights of third parties, if it does not know about the unlawful nature of those data or related activities, and in the event of receipt of notification or obtaining reliable information about the unlawful nature of the data, or related activities shall immediately disable access to the data.
9.6. If Customer obtains information about the use of the service by the Customer not in accordance with the Terms and Conditions or the applicable regulations (unauthorized use), the Seller may process personal data of the Customer to the extent necessary to determine the liability of the Customer, provided that it records the fact of obtaining and the content of this information for the purpose of obtaining evidence.
9.7. The Seller may notify the Customer of the unauthorized activities and demand their immediate cessation as well as making use of the powers referred to above.
10. PERSONAL INFORMATION
10.1. By accepting the Conditions of Use Customer agrees to the collection and processing of personal data in order to carry out the order in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 133, item 883, as amended).
10.2. The customer has the absolute right to access their data and correct them.
10.3. Administrator of Customers’ personal information is the Seller - Robert Wiewiórski operating under the name POLTORQUE based in Tymbark 234, 34-650 Tymbark.
10.4. The purpose of collecting personal data by the Seller is: to establish, execute or terminate the contractual relationship between the Customer and the Seller, consisting of the execution of the Customer’s order, direct marketing of products or services offered by the Seller upon Customer’s approval, investigation of claims for economic activity.
10.5. When ordering via the order form, Customer will be asked to provide the following personal information: name, address, address of delivery, phone number, e-mail, in case of a company the company name, tax identification number.
11. FINAL PROVISIONS
11.1. In matters not covered by these Terms and Conditions, the relevant provisions of the Civil Code, the Act of 27 July 2002 on special conditions of consumer sale and amending the Civil Code, the Law of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous products, the Act of 18 July 2002 on electronic services and other relevant provisions of Polish law will apply.
11.2. Any changes to the Terms and Conditions shall take place upon prior notification on the Shop website and apply along with other provisions of the Terms and Conditions to Customers who have not yet placed their orders.
11.3. Customers who have placed orders are subject to the Terms and Conditions, as applicable at the time of ordering.
11.4. These Terms and Conditions shall enter into force on 1 November 2013.