Regulations
Online Store QUARTER-PANELS.COM Terms of Use
I. General provisions
1. These Terms of Use set forth the rules governing the use of the Seller-operated Store by Users, including Buyers.
2. The Terms of Use are available at all times on the Store's website in a manner that allows Users to obtain, reproduce, and record their content.
II. Definitions
Terms used in the Terms of Use shall have the following meaning:
1. The owner of this online store shall be Piotr Nocuń, sole trader operating under the name of Piotr Nocuń with its registered office at ul. Jeżykowa 11/4, 65-304 Zielona Góra, NIP [Tax Identification Number] 9291684099, Regon [National Business Register Number] 081011704.
2. The owner of the store, within the scope of the products it offers, sells them, that is, concludes a sales agreement with buyers.
3. Seller - an entity that sells goods through the Store.
4. Store - a collection of websites and IT tools (web page) managed by the Seller and allowing Users to conclude Sales Agreements, available at: QUARTER-PANELS.COM
5. Buyer - a User who has concluded a Sales Agreement through the Store.
6. Sales Agreement (Agreement) - an agreement concluded in the Store pursuant to the provisions of the Terms of Use between the Seller and the Buyer, whose subject matter is the sale of goods for the Buyer.
7. Terms of Use - these Online Store Terms of Use.
8. Materials - information found on the Store's websites, including names and descriptions, as well as photos and graphic illustrations of goods, product manufacturer markings.
9. User - an Internet user using the Store, buying or intending to buy goods or services presented by the Seller through the Store.
III. Methods of communication with the Seller
1. The User may contact the Store Owner:
a) in writing - to the following correspondence address: Piotr Nocuń, ul. Jeżykowa 11/4, 65-304 Zielona Góra, Poland.
b) by phone - at telephone number: +49 15125321138
c) by electronic means - to the following e-mail address: info@quarter-panels.com
IV. General online store terms of use
1. The User may use the Store via devices that connect to the Internet (computer, phone, tablet), using a web browser.
2. The Store Owner shall not be held liable for any damage caused by the User providing false, obsolete or incomplete data in the forms.
3. Information provided by the User must not infringe the provisions of the current law and the personal interests and rights of third parties.
4. The use by the User of the name of the Store Owner, the Store logo, Materials and elements of the Store other than the Materials (including graphic elements of the Store and the layout and composition of the Store - the so-called layout) shall be prohibited except in situations clearly specified in the Terms of Use or when the use of the objects of copyright and industrial property indicated in this section shall be deemed possible under the express written consent of the Store Owner or authorised third parties (including manufacturers or distributors of goods or services). The User is prohibited to take any action aimed at reproducing the Store, including, in particular, on websites and domains associated with the User.
V. Use of the online store
1. Users shall have the possibility to use the Store and to conclude Agreements.
2. Placing an order in the Store shall be possible upon providing the information necessary to complete the order and accepting the terms of use.
VI. Placing orders in the online store - conclusion of the agreement
1. The User shall have the opportunity to place orders in the Online Store 24 hours/7 days a week/365 days a year, with the proviso that orders placed after noon and on public holidays will be processed on the following business day. Services may be unavailable during periodic store maintenance and in the event of ecommerce website crash.
2. Before placing an order, the User places the goods they intend to purchase in a virtual shopping cart. The virtual shopping cart is a tool that allows the User to calculate the value of goods in the shopping cart and their delivery costs. When selecting goods, the User can freely manage the contents of the shopping cart by adding more goods to the cart or removing them.
3. The goods offered in the Seller's store can be both used and new. The description of new goods shall include information stating that they are new. In substance, used goods are previously used goods that require repainting or other repairs; they may also have other physical defects, which shall be described in detail by the Seller in product description and presented in the attached photos. Photos and descriptions of the Goods presented in the Online Store shall be illustrative materials intended only to enable the User to form a general idea of the properties of the appearance and performance parameters of the Goods. In particular, the appearance of the Goods in the images presented in the Online Store may differ slightly from the external appearance
4. Upon the ultimate selection of the goods to be purchased, the User is directed to an online form used for placing orders in the Store.
5. To place an order, the User must provide their contact details.
6. By setting up an account in the store, the User shall have access to their order history, and will be able to modify their data at any time.
7. Placing an order shall constitute an offer within the meaning of the Polish Civil Code. An offer shall be made by the User to the Store Owner. Upon receiving the order, the Store Owner verifies whether the order was placed correctly (in accordance with the provisions of the Terms of Use). If the Store Owner determines that the order was placed incorrectly, the Store Owner shall inform the User of this fact.
8. Once the order shall be deemed to be correct, the Store Owner shall immediately provide the User with information concerning the acceptance of the order (acceptance of the offer) to the electronic mail (e-mail) address provided during placing the order.
9. The store processes orders only within the European Union.
10. After paying for the order, the Seller shall issue an invoice or receipt to the Buyer.
VII. Payment of the price
1. Payments for goods purchased in the Store by the Buyer (price and delivery costs) shall be made using the payment tools provided in the Store and according to the rules stipulated by the Store Owner.
2. All prices in the Store shall be gross prices including value added tax (VAT) in the amount arising out of separate regulations. The cost of delivery of goods to the Buyer shall be provided separately.
3. The User shall purchase goods and order services at the prices and delivery costs effective at the time of placing the order. The delivery cost shall depend on parcel size.
4. The Seller reserves the right to change prices and delivery costs, in particular in case of changes in the price of services provided by delivery operators. This provision shall not apply to orders already pending and placed.
5. The Buyer may pay for the purchased goods by an ordinary wire transfer to the Seller's bank account:
SWIFT: WBKPPLPP
IBAN: PL 47 1090 1535 0000 0001 4405 6696
VIII. Delivery
1. The Goods shall be delivered to the Buyer's address in packaging adjusted to the assortment characteristics and corresponding to delivery and collection conditions, in a manner that shall provide protection against damage or destruction during transportation. The Seller shall be held liable for damage, destruction or loss of goods caused by improper packaging or marking.
2. Goods shall be delivered by various freight and delivery companies that the Seller cooperates with. The Buyer shall be informed of the details of the carrier that performs the delivery of the goods ordered by the Buyer.
3. Delivery time shall depend on the availability of the goods and the time the carrier has allocated for delivery. The Seller usually completes the Orders within 24-72 hours; however, with some items it may be extended to 7 business days.
4. Should the Seller be unable to effect the performance due unavailability of the goods, it shall immediately, but no later than within 7 days from the conclusion of the Agreement, notify the Buyer and return the entire amount of money received from them if any amount has already been paid.
5. Should the Seller be unable to effect the performance with the characteristics individually ordered by the Buyer due to a temporary inability to effect it, the Buyer shall be entitled to withdraw from the agreement. The Seller may, with the consent of the Buyer, effect supplementary performance consistent with the same quality and purpose and for the same price or remuneration, or as otherwise agreed by the parties.
6. The Seller shall not be liable for failure to deliver the goods for reasons attributable to the Buyer - for example, due to providing an incorrect delivery address.
7. The Buyer is obliged to inspect the state of the parcel in the presence of a delivery worker delivering the goods. They are obliged to draw up a written record of any damage or destruction to the parcel, as well as refuse to accept a damaged parcel. The Seller shall not accept the goods damaged during transportation that the Buyer had failed to draw up a damage protocol for.
IX. Personal data protection
1. The Controller of the personal data shall be Piotr Nocuń, sole trader operating under the name of Piotr Nocuń with its registered office at ul. Jeżykowa 11/4, 65-304 Zielona Góra, NIP 9291684099, Regon 081011704.
2. Piotr Nocuń shall guarantee the protection of personal data and personal data processing in accordance with the 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, hereinafter referred to as GDPR),
3. Personal data of Customers or persons acting on their behalf shall be processed on the basis of Article 6(1)(b) of the GDPR in order to perform the agreement on rendering Electronic Services, i.e. to enable the creation of an Account, maintenance of the Account and its functionality, sending of Newsletters and rendering other Electronic Services, as well as to perform the Agreements to which the Customer is a party or to take action at the Customer's request prior to the conclusion of the Agreement, i.e. to effectively place an Order. Personal data shall also be processed for the purposes arising out of legitimate interests. Piotr Nocuń, i.e. pursuant to Article 6(1)(f) of the GDPR, among other things, for the purpose of marketing own goods and services (in paper form), optimisation of the operation of the Service, tailoring the information provided via the Site to the needs of Customers, statistics and contacting the Customers on an ongoing basis. Upon giving separate consent, pursuant to Article 6(1)(a) of the GDPR, data may also be processed for the purpose of sending Newsletters. The Customer's personal data may also be processed pursuant to Article 6(1)(c) of the GDPR for accounting and bookkeeping purposes when the performance of the Agreements and Electronic Services provided on the Site is related to accounting and tax obligations arising out of the provisions of law.
4. Personal data may be processed by automated means, including through profiling. The consequence of profiling shall be assigning a profile to the Customer in order to analyse or predict the Customer's preferences, behaviours, attitudes and customise the information provided via the Site to the Customers.
5. Shall it be deemed necessary in order to perform the Agreement, the Customer's personal data may be shared with postal operators or freight carriers for the sole purpose of delivering the Goods to the Customer. Personal data may be disclosed to employees or associates of Piotr Nocuń, as well as to entities providing support on the basis of outsourced services and in accordance with concluded contracts for entrustment of personal data for processing.
6. Personal data processed for purposes related to the use of the Site, including, but not limited to rendering Electronic Services, shall be processed while the Account is active. The Customer's personal data processed for the purpose of performing the Agreements shall be processed for the period of the statute of limitations for claims under the sales agreements. Personal data processed for the purpose of sending Newsletters (a separate consent of the Customer is needed) shall be processed until the consent is revoked. Personal data processed for the purpose of marketing the Company's products and services in paper form, i.e. on the basis of the so-called legitimate interest (which does not require consent) shall be processed until submitting objection to such processing.
7. The Customer has the right to access their personal data and the right to rectify, delete, limit processing of data, the right to data portability, the right to object, and in the case of processing of personal data on the basis of consent, the right to withdraw consent at any time without affecting the lawfulness of data processing to date. Should it be determined that the processing of personal data infringes the provisions of the GDPR, the data subject has the right to lodge a complaint with the President of the Office for Personal Data Protection.
8. Providing personal data is voluntary, however, providing the designated personal data is necessary to set up an Account and use the Electronic Services provided on the Website, as well as to place Orders and conclude Agreements, while the inability to use the Electronic Services and place Orders shall constitute the consequence of failure to provide it.
X. Withdrawal from the agreement
1. A Buyer who is a consumer within the meaning of the Consumer Rights Act of 30 May 2014, who has concluded a Contract with the Seller using the Store, has the right to withdraw from the Agreement without providing any reasons and incurring any costs. In order to withdraw from the Agreement, the Buyer is obliged to submit a statement to the Seller concerning such issue within 14 days from the date of receipt of the purchased goods. To observe the time limit, it is sufficient to submit a statement of withdrawal from the Agreement before the end of the time limit to the company's correspondence address or send a signed statement of withdrawal to the following e-mail address info@quarter-panels.com. If the withdrawal is sent electronically, the Buyer shall immediately receive a reply confirming the receipt of the statement on withdrawal. The statement of withdrawal may be submitted using a form. Form’s template is attached as Appendix 1 to these Terms of Use.
2. In the case of withdrawal from the Agreement, as referred to in item 1, the Agreement shall be considered as not concluded. The Buyer who is a consumer is obliged to return the goods to the Seller or transfer it to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the Agreement, unless the Seller offered to collect the item itself. It is sufficient to send the item back within the time limit to observe it.
4. In the case of withdrawal from the Agreement, the Buyer who is a consumer shall cover the cost of returning the item.
5. The goods may have security features in the form of security seals and stickers. Should these protections be removed or broken, the buyer shall not be entitled to exercise the right to withdraw from the agreement.
6. In the case the Buyer withdraws from this Agreement, the Seller shall return to the Buyer any and all payments received from the Buyer, including the costs of item delivery (except for additional costs arising out of delivery method selected by the Buyer other than the cheapest ordinary delivery method offered by the Seller) immediately, and in any case no later than 14 (fourteen) days from the date the Seller receives the Buyer's statement of withdrawal from the Sales Agreement, subject to item 7 above.
7. The Seller may withhold reimbursement until it receives the goods or until it receives the proof of their return, whichever shall occur first.
8. Should the Buyer who is a consumer choose a method of delivery other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer who is a consumer for the additional costs incurred by them.
XI. Complaints procedure
1.The Buyer shall be entitled to rights arising out of the Seller's liability for defects of goods under warranty to the extent specified in the Act of 23 April 1964, Civil Code (Dz.U. [Polish Journal of Laws] of 1964 No. 16 item 93 as subsequently amended).
2.The buyer shall be obliged to draw up a report concerning the destruction of the item or disclosure of the defect and return it with the goods to the Seller.
3. Complaints may be submitted, among other things, electronically using the email address indicated when placing the order or in writing to the Seller's correspondence address.
The complaint should include:
a. buyer's name and surname, address, e-mail address
b. the date of conclusion of the Agreement constituting the basis of the complaint,
c. the subject of the complaint including the specification of the Buyer's claim
d. any circumstances justifying the complaint.
4. The Buyer shall be informed of the decision on the complaint within fourteen days from the date the Seller receives the letter of complaint.
5. The costs associated with the complaint procedure shall be borne by the Seller.
XIII. Maintenance breaks
1. The Seller shall not be held liable for the inability to access the Store caused by force majeure.
2. The Seller reserves the right to interrupt access to the Store due to its technical service, maintenance work or work aimed at improving the functionality of the Store. At the same time, the Seller undertakes to use their best efforts to ensure that the aforementioned interruptions take place at night and last as short as possible.
XIV. Final Provisions
1. These Terms of Use shall come into effect on 1 January 2019.
2. The Seller reserves the right to change the provisions of the Terms of Use. The Seller undertakes to render the notice of a planned change to the regulations. The notice shall be available continuously within 14 days preceding the planned change. The change shall take effect 14 days after the date of sharing the notice in the above-mentioned mode.
3. The change in the Terms of Use shall not apply to orders placed before the new Terms of Use take effect.
4. In all matters not covered by these Terms of Use, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Polish Civil Code, the General Data Protection Regulation, the Act on Provision of Electronic Services, as well as the Consumer Rights Act.
5. Any disputes between the parties may be settled by a competent court of law.
6. Disputes arising from these Regulations may be resolved by out-of-court means of handling complaints and pursuing claims, in particular by arbitral institutions operating by provincial inspectors of the Trade Inspection Authority, in mediation proceedings conducted by the Trade Inspection Authority and in proceedings conducted by the European Consumer Centre in Poland.
7. None of the provisions of these Terms of Use are intended to violate Consumer rights. It also shall not be interpreted as such, since in the event of any inconsistency of any part of the terms of use with the applicable law, the Seller declares absolute compliance with and application of that law in place of the disputed provision of the terms of use.