ONLINE STORE TERMS AND CONDITIONS

https://ore4x4.pl/pl/

Effective from October 1, 2024

1. Definitions

Store – online store available at https://ore4x4.pl/pl/ or through messages on Instagram profile: ORE4X4 and Facebook: ORE4X4, where Buyers can purchase Goods available in the Seller's offer.

Seller – ORE4X4 Sp. z o. o. with registered office at Laski 41, 05-660 Warka, Poland, entered in the National Court Register under KRS number: 0001084092, NIP: 7972085631, e-mail: biuro@ore4x4.pl, tel. 730 010 745

Online Store Terms – these terms and conditions for electronic services, defining the rules for making purchases in the Store.

Privacy Policy – document describing the purposes and methods of data processing, as well as the rights of data subjects.

Consumer – adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.

Client – adult natural person with legal capacity, legal entity or organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.

Client-Consumer – adult natural person making a purchase from the Seller directly related to their business activity, when the purchase does not have a professional character for this person, resulting in particular from the subject of the business activity performed, made available based on provisions on the Central Registration and Information on Business Activity.

Buyer – Client, Client-Consumer as well as Consumer.

Personal Data Controller – entity deciding on the purposes and means of personal data processing; in the case of Buyers, the personal data controller is the Seller.

Order – declaration of will made by the Buyer aimed directly at concluding a contract with the Seller by filling out and sending the purchase form in electronic form available on the Store's website at: https://ore4x4.pl/pl/ or through Instagram profile: ORE4X4 and Facebook: ORE4X4, by phone at 730 010 745, or by email: biuro@ore4x4.pl.

Goods – all physical products available in the Store, in particular vehicle parts and equipment, and automotive accessories.

Product Durability – ability of goods to maintain their function and properties during normal use.

Complaint – procedure for claiming responsibility from the Seller in connection with non-conformity of Goods with the contract.

Warranty – voluntary statement regarding the quality of Goods made by the Guarantor. It indicates the obligations of the Guarantor and the rights of the Buyer in case the sold Goods do not have the properties specified in the warranty statement.

Guarantor – entrepreneur who made the warranty statement contained in the Warranty, e.g., creator, manufacturer, distributor, Seller of Goods.

2. General Provisions

• Prices quoted by the Seller are expressed in Polish zloty (PLN) and are gross prices.
• The Seller does not apply individual price customization based on automated decision-making.
• The Seller is an active taxpayer of goods and services tax (VAT).
• The Seller issues receipts and VAT invoices.
• The Seller undertakes to deliver Goods free from defects.
• The Buyer is obligated to familiarize themselves with the technical requirements necessary to use the Store, contained in the further part of the Terms (Technical Requirements).

3. Payment Methods

The Seller enables payment by bank transfer to the Seller's bank account at ING Bank Śląski S.A, account number: 67 1140 1010 0000 5402 7000 1006, as well as cash on delivery.

The Seller also enables online payment through the online payment system dedicated to online stores "Przelewy24", whose provider and operator is: PayPro SA, with headquarters in Poznań, at Pastelowa 8 (60-198), entered in the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of 5,476,300.00 PLN, fully paid, and in the register of domestic payment institutions maintained by the Financial Supervision Commission under number UKNF IP24/2014.

The payment card operator is PayPro SA Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Entrepreneurs Register of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

4. Conclusion of Sales Contract

To purchase Goods, you need to visit the Store website at: https://ore4x4.pl/pl/ or contact the Store through Instagram profile: ORE4X4 or Facebook: ORE4X4, by phone at 730 010 745, or by email: biuro@ore4x4.pl.

To place an Order, the Buyer must perform the following actions:

• Select Goods from those available on the Store website or by sending a message on social media profiles (Instagram, Facebook)
• Add Goods to the cart on the Store website (when purchasing through the Store website), optionally - send a message to the Seller by email or through Facebook/Instagram functionality
• Provide data necessary for Order fulfillment such as: name and surname or name of the Buyer
• Provide email address
• Indicate data for issuing receipt and/or invoice, including providing other settlement data, such as NIP number, entity name for which the invoice or receipt should be issued
• Accept the Store terms and conditions
• Familiarize with information about loss of right to withdraw from contract regarding Goods – details in the further part of these Terms
• Confirm the will to conclude the contract by selecting the "Order with payment obligation" button or equivalent content

After the Buyer provides all data necessary to place the Order, the Store website will display an Order summary (or the Buyer will receive an email, SMS message or message in a communicator dedicated to social media – Facebook, Instagram).

The Order sent by the Buyer is a declaration of will by the Buyer to conclude a sales contract with the Seller, in accordance with the provisions of these Terms.

After placing the Order, the Buyer will receive a return message confirming the Order, which constitutes a declaration of will by the Seller regarding the conclusion of a sales contract with the Buyer covering the selected Goods. The sales contract is considered concluded from the moment the Buyer receives the message from the Seller (email, SMS message or message in a communicator dedicated to social media – Facebook, Instagram).

The Seller will provide the Buyer with confirmation of the conclusion of a distance contract on a durable medium, in particular in the form of Online Store Terms saved in PDF format, on the basis of which the contract was concluded, within a reasonable time after its conclusion, no later than at the time of goods delivery.

5. Order Fulfillment

Orders are fulfilled within 2 (two) business days, counting from the day following the day on which the Seller received the Order, according to the Goods description in the Store (Goods available in the Store warehouse) or on a date agreed with the Buyer (custom order goods - subject to email confirmation with the Seller regarding availability). Business days mean days from Monday to Friday, except statutory holidays.

Goods delivery costs are communicated to the Buyer before sending the Order. The delivery cost is related to the delivery method chosen by the Buyer.

Available delivery methods are available for the Buyer to choose at the Order placement stage along with the current delivery cost according to the selected carrier, including:

• InPost Parcel Lockers
• Courier delivery, including DPD Courier, InPost Courier, etc.
• Personal pickup at the Seller's headquarters (address: Laski 41, 05-660 Warka), after prior arrangement

Goods delivery is generally limited to the territory of the Republic of Poland. Exceptionally - shipments outside the territory of the Republic of Poland (to EU countries) may be made only after prior agreement with the Seller. Costs of such deliveries will be determined individually before Goods shipment.

In case the Buyer notices mechanical damage to the package contents, incomplete package, or inconsistency of package contents with the Order subject upon receipt of Goods, they are entitled to refuse acceptance of the package and immediately notify the Seller of the situation.

If possible, the Buyer may prepare a damage report in the presence of the Delivery representative (e.g., courier) in case of damage. This will speed up the complaint procedure but is not necessary for claiming damages.

6. Withdrawal from Distance Contract

Consumers and Client-Consumers have the right to withdraw from a distance contract without giving reasons and without incurring costs. Partial withdrawal from the contract is also possible.

Exceptions to the right of withdrawal from the contract are indicated in the further part of the Terms.

The deadline for withdrawal from a distance contract is 14 days, counting from the day following the moment when the Consumer or Client-Consumer or a third party indicated by them, other than the carrier, takes possession of the Goods.

When the contract covers multiple goods that are delivered separately, in batches or parts – the withdrawal deadline is counted from taking possession of the last good, batch or part; if the contract involves regular delivery of goods for a specified time – from taking possession of the first goods.

The Consumer or Client-Consumer bears responsibility for the decrease in value of Goods resulting from using them in a way that exceeds what is necessary to determine the nature, characteristics and functioning of the Goods.

The withdrawal statement should be sent to email address: biuro@ore4x4.pl.

The Consumer or Client-Consumer may use the withdrawal form template provided by the Seller or use Annex 2 to the Consumer Rights Act of May 30, 2014.

The Consumer or Client-Consumer may also prepare their own withdrawal letter, providing:

• identification and address data of the Consumer or Client-Consumer
• name or symbol of the returned Goods
• date of receipt of Goods by the Consumer or Client-Consumer
• bank account number or other method of refund by the Seller

The Seller will immediately send the Consumer or Client-Consumer confirmation of receipt of the withdrawal statement to the provided email address.

In case of withdrawal from the contract, the contract is considered not concluded.

7. Exceptions to the Right of Withdrawal

According to Article 38 of the Consumer Rights Act of May 30, 2014, Consumers and Client-Consumers do not have the right to withdraw from contracts:

a. for services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur fulfills the service, they will lose the right to withdraw from the contract;

b. in which the price or remuneration depends on financial market fluctuations over which the entrepreneur has no control, and which may occur before the withdrawal deadline expires;

c. in which the subject of performance is a non-prefabricated good, produced according to consumer specifications or serving to satisfy their individualized needs;

d. in which the subject of performance is a good that deteriorates quickly or has a short shelf life;

e. in which the subject of performance is a good delivered in sealed packaging, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

f. in which the subject of performance are things that, after delivery, due to their nature, become inseparably connected with other things;

g. in which the subject of performance are alcoholic beverages, whose price was agreed upon when concluding the sales contract, and whose delivery can occur only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;

h. in which the consumer expressly requested that the entrepreneur come to them for urgent repair or maintenance; if the entrepreneur additionally provides other services than those requested by the consumer, or delivers things other than spare parts necessary for repair or maintenance, the right of withdrawal applies to additional services or thing