Terms and Conditions
Nagaz24.com E-Store Rules
I. General provisions.
- In these rules, hereinafter referred to as the 'Rules', the undermentioned terms shall have the following meanings:
- 'Seller' - "Nagaz Stefanowski" Spółka Jawna in Łódź, 47 Al. 1 Maja, 90-740 Łódź, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, 20th National Court Register Commercial Division, at number KRS 28315, NIP (Taxpayer Identification Number) 729-18-81-261, REGON (National Business Registry Number) 471424198;
- 'Store' - the e-store on the website http://www.nagaz24.com , lpgautoparts.com and its pages;
- 'Customer' – every person who places an order for a product in the Store via the Internet;
- 'User' – the person who has entered into a contract for an account with the Seller, through which products in the Store can be ordered;
- 'Consumer' – the person as defined by the Civil Code, Art. 22(1), i.e. a natural person who, in transactions with a trader, is acting for purposes which can be regarded as outside his trade or profession;
- 'Account' – the customer account in the Store, created by the Customer in line with the principles set forth in the Rules;
- The Rules set out the principles of the Seller's e-services for Customers (both Consumers and traders), consisting in the option of creating their Account free of charge and entering into contracts for sale of products on offer in the Store, at prices quoted on its respective pages, via the Internet.
- The Store sells products via the Internet. The contents presented on its pages, specifically including announcements, advertisements, price lists and other information, do not constitute a commercial offer as defined by the Civil Code, Art. 66 and 66(1), but an invitation to submit offers.
- In view of the foregoing, the Store may change the prices of products until a contract for sale with the Customer is entered into.
- A purchase in the Store can be made:
- upon earlier registration and creation of an Account, or
- without registration ('non-logging purchase').
- Creating an Account or making a purchase in the Store without logging is tantamount to the acceptance of the Rules, which is acknowledged with a relevant statement made by the User/Customer. The User/Customer's acceptance of the Rules is not an obligation, but a prerequisite for creating an Account and purchasing in the Store.
- The product prices in the Store are expressed in the EURO (the Seller may allow for purchasing in other currencies as well) and may include taxes if the obligation to include these in the price is prescribed by the applicable regulations of tax law currently in force (VAT, in particular).
- The prices quoted in the Store do not include the costs of dispatch or payment service.
- As soon as the Consumer declares his/her intention to be bound by a contract for sale at the latest, he/she shall be informed of the aggregate price of products ordered, taxes included, as well as of the transport, delivery, postal service charges and any other costs relating to the performance of a contract.
- If the Customer opts for a payment method entailing extra handling charges (e.g. a bank transfer charge), the Customer shall be obliged to bear such costs on his/her own, as per a table of charges and commissions of a payment service provider of the Customer's choice.
- Promotional campaign discounts are not aggregated with other promotions in the Store.
- The Seller reserves the right to give additional discounts to regular Customers. In that case, a discount given to a particular Customer may be communicated thereto by the Seller by phone, email, SMS, or a notice to be seen on that Customer's account.
- In order to make appropriate use of the Store, it is necessary to:
- have a computer, laptop, smartphone or other multimedia device;
- have Internet access;
- use standard software, i.e. an operating system and a browser, with the latter capable of using cookies (detailed rules for using cookies available on http://nagaz24.com/cookies-policy/);
- have one's own active email address.
- Should the aforesaid requirements not be met, making use of the Store may be handicapped or impracticable.
II. Customer registration. Creating an Account.
An Account in the Store may be created by: natural persons with full legal capacity (i.e. of full legal age, not legally incapacitated, or come of age by contracting a marriage), legal persons, or organizational units not being legal entities, but with statutory legal capacity.
- A person who wishes to enter into a contract for an Account with the Seller should complete a registration form, which constitutes the Seller's offer to a prospective Customer with regard to an entry into such a contract.
- In the form, one should contain one's Account login (email address) and password, full name, country and address for delivery, telephone number, in addition to which economic operators should also include their NIP (Taxpayer Identification Number) and business name and address to be quoted on a VAT invoice. Data contained in the form must be true and valid. Including any illegal content in the form is prohibited.
- The Seller further sends a person who wishes to create an Account an email with an activation link, as of which time (insofar as it is possible for that person to read that email) a contract for an Account is entered into, subject to the condition precedent that the User should activate the Account using the activation link.
- The Account is activated upon clicking on the activation link.
- If the User is a Consumer, he/she is entitled to withdraw from a contract for an Account within 14 days of entry thereinto without any reason or cost.
- The Consumer may withdraw from a contract by submitting a statement on withdrawal therefrom to the Seller. The referenced statement may be submitted on a form whose specimen is enclosed as Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, Heading 827), available here, which, however, is not mandatory.
- To meet the deadline for the withdrawal from a contract, it will suffice to notify the Seller thereof in the prescribed time-limit in an explicit statement (e.g. a letter sent by post, fax or email).
The Seller points out that each User should store their Store logging credentials with due care, preventing any unauthorized person(s) accessing the same.
The User's contract for an Account in the Store is entered into indefinitely.
- Each party may terminate a contract for an Account in the Store, with the Seller being empowered to do so only in case the Store terminates its operation or changes its functioning formula, or if the User breaches the provisions of the Rules.
- Should a contract for an Account in the Store be terminated by the Seller, it shall be effectively terminated upon expiration of a two weeks' notice period, running as of the day on which a termination notice was communicated to the User in a manner that made it possible for him/her to read it. A contract may be terminated in writing or by email to the email address indicated by the User.
- Each User may terminate a contract for an Account in the Store by sending a termination notice by post or email to the address firstname.lastname@example.org. As of the removal of an Account or the Seller's receipt of the Customer's statement, a contract with the Customer is terminated without notice.
III. Entry into a contract for sale.
- Certain commodities can be purchased based on an individual order only. Relevant information shall be placed next to a product in the Store.
- To purchase the products referenced in the clause above, one should contact the Seller by phone or email. The aforesaid products shall be delivered under a contract to be entered into individually by and between the Customer and the Seller.
- In order to enter into a contract for sale with the Seller, the Customer selects products in the Store by clicking on the 'cart' icon. Products in the cart are not yet ordered, and the Customer can still add other goods to the cart, remove those in it therefrom, or give up purchasing.
- Having added products to the cart, the Customer may alter quantities of goods to be purchased thereby in the Store by modifying the relevant box in the cart. The products displayed in the cart, including their quantities and prices as indicated, constitute the Seller's offer to the Customer.
- Subsequently, by selecting the 'order summary' option, the next ordering stage should be entered to verify the adequacy of an order and confirm the latter by selecting the 'order and pay' option. The Customer's confirmation of placing an order by selecting the 'order and pay' option is tantamount to his/her acceptance of the Seller's offer to purchase goods as indicated in an order, resulting in the entry into a contract for sale by and between the Customer and the Seller.
- Upon entry into a contract as stipulated in clause 4 hereinabove, conditional on the selected payment method, the Customer may be redirected onto a relevant external payment service provider's site.
- Upon entry into a contract as stipulated in clause 4 hereinabove:
a) the Seller sends the Customer a confirmation of terms and conditions of a contract entered into to an email address indicated by the latter;
b) the Seller informs the Customer of an order status by sending a message to an email address or telephone number indicated by the latter;
c) the Seller or its authorized representative may contact the Customer if the due performance of a contract entered into requires further arrangements.
- The Seller enables Customers to pay for commodities purchased in the Store in the following manner:
- advance payment – by standard transfer into a bank account indicated by the Seller;
- advance payment – by online payment service or charge card through the agency of external service sites, made available by the Seller, in line with the principles set forth in those service sites' rules;
- cash or charge card – in case of self-pickup.
- The methods of payment available for a particular order and possible related surcharges:
- are always communicated to the Customer prior to entry into a contract for sale therewith;
- may be conditional on the method of delivery of goods chosen by the Customer.
- The Seller reserves the right to allow regular Customers being economic operators to pay for goods purchased in the Store by transfer with deferred payment. Principles of the aforesaid payment, specifically including limits of a trade credit given by the Seller, shall be set down separately with individual Customers and displayed on a particular Customer's Account.
- If the Customer selects the option of an advance payment for goods purchased, the Seller shall expect the former to make such a payment within 7 days of entry into a contract for sale. After that time, the Seller shall set an extra deadline for the Customer's payment by phone, SMS or email on a telephone number or to an email address indicated by the Customer, subject to the condition of termination of a contract for sale entered into with the latter.
V. Methods of delivery of goods.
- Commodities purchased in the Store may be dispatched to any of the countries indicated by the Seller on the Store's page available at the address http://nagaz24.com/delivery/.
- The methods of delivery of goods purchased in the Store, made available by the Seller, and the costs of dispatch are specified on the Store's page 'Delivery Costs', available at the address http://nagaz24.com/delivery/.
- The delivery of goods purchased by the Customer is chargeable unless otherwise provided in an offer to sell a particular product. The Seller reserves the right to introduce the value of an order, in excess of which the costs of its delivery to the Customer shall be borne by the Seller, or to launch a promotional campaign involving a free dispatch of goods, subject to the Customer's compliance with the terms set down by the Seller.
- The Seller reserves the right to optionally allow the Store's regular Customers to purchase goods without paying the costs of their dispatch. In the event of the Customers with an Account in the Store, their option of receiving goods by way of a free dispatch shall be also displayed on a particular Customer's Account.
- The methods of delivery available for a particular order and their related costs:
- are always communicated to the Customer prior to entry into a contract for sale therewith;
- may be conditional on the country and address for delivery, the method of payment chosen by the Customer, and a type and quantity of goods ordered thereby;
VI. Completion of an order and dispatch.
- The time of dispatch of an order to the Customer covers the period from the commencement of a completion of an order to the Seller's handover thereof to a carrier.
- Unless otherwise provided in the information next to a particular product in the Store, the Seller shall commence effecting an order:
if the advance payment option is selected – immediately after the monies are credited to the Seller's bank account;
in case of self-pickup – immediately after a contract for sale is entered into.
- Should the Seller be unable to perform a contract for sale, specifically due to the unavailability of a particular product in stock or misinformation about the availability of a particular product in stock, the provisions of the Civil Code, specifically including Art. 493-495, shall apply.
- The time of dispatch to the Customer varies according to specific commodities in the Store. Prior to entry into a contract for sale, the Customer is informed of the time of dispatch of particular products. The information on display in the detailed view of each product available in the Store, identified as 'time of dispatch', is the most likely time between the placement of an order for a product and the Seller's dispatch thereof.
- If the Customer selects the 'self-pickup' option, the time of dispatch means the most likely time in which a particular product shall be ready for the Customer's personal collection.
- If a buyer orders various goods, having different times of dispatch, an order shall be effected in a time-limit necessary to deliver a product with the longest dispatch time to the Customer. It is possible, too, to have individual elements of an order dispatched separately, in line with principles to be set down individually by the Seller and the Customer.
- The time of delivery of an order to the Customer covers the time of dispatch and of delivery thereof by a carrier of the Customer's choice. The most likely time of delivery of orders by individual carriers, as indicated by the Seller, is available here http://nagaz24.com/delivery/.
VII. Cancellation of an order.
- Irrespective of the right to withdraw from a contract in line with the principles set forth in the Rules, the Customer may cancel an order until the Seller completes the products purchased thereby.
- The Customer can cancel an order:
- by clicking on the link in an email confirming an order placed with the Store;
- in the event of the Customers with an Account in the Store – in the manner described in point a or by selecting the relevant option after logging onto their Account in the Store.
- The provision set forth in the clause above shall not apply if a particular order has been paid for in the form of an advance payment, in which case the Customer being the Consumer may withdraw from a contract for sale in line with the principles set forth in the Rules.
- The Customer can check a current order status after logging onto his/her account in the Store, in the bookmark 'My account/In process'.
VIII. Right to withdraw from a contract without disclosing any reason
- The Customer that is the Consumer has the right to withdraw from a contract for sale entered into with the Seller within 14 days, without disclosing any reason or bearing any cost, except for additional costs resulting from the mode of delivery of the Consumer's choice, other than the cheapest standard one offered by the Seller with regard to goods returned, and direct costs of return (return shipment) of goods.
- The time-limit for withdrawal from a contract runs as of the Consumer or a third person designated thereby, other than a carrier, taking possession of an item, and, in the event of a contract contemplating many items, delivered separately, in batches or in pieces, as of taking possession of the last item, batch or piece.
- The Consumer may withdraw from a contract by submitting a statement on withdrawal therefrom to the Seller. The referenced statement may be submitted on a form whose specimen is enclosed as Annex 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws 2019, Heading 134, as last amended), also available on the Store's website at the address http://nagaz24.com/uploaded/nagaz_consent_withdrawal.pdf, which, however, is not mandatory.
- To meet the deadline for the withdrawal from a contract, it will suffice to notify the Seller thereof in the prescribed time-limit in an explicit statement (e.g. a letter sent by post, fax or email to the address email@example.com).
- Should the Consumer withdraw from a contract, the Seller shall refund all the payments received therefrom, including the costs of delivery of goods (except for additional costs resulting from the mode of delivery of the Consumer's choice, other than the cheapest standard one offered by the Seller with regard to particular goods), immediately, in any case not later than within 14 days of the date at which the Seller was notified of the Consumer's decision to exercise the right to withdraw from this contract.
- Any payments shall be refunded using the same payment methods as used by the Consumer in the original transaction unless the latter demands or explicitly accedes to a different solution; in any event, the Consumer shall not pay any charges with regard to the refund.
- The Seller may withhold the refund on the payments received from the Consumer until return receipt of goods or the Consumer's submission of a return shipment proof, depending on which of the events takes place earlier.
- Upon withdrawal from a contract, the Consumer is under obligation to return goods to the Seller immediately, in any case not later than within 14 days of the date at which the former withdrew from this contract. To meet the deadline, it will suffice to send the goods back prior to expiration thereof.
- The Consumer shall only bear the direct costs of returning the goods.
- The Consumer is liable to the Seller for a devaluation of goods due to the use thereof beyond the limits necessary to determine their character, characteristics and mode of operation.
- The Seller is under obligation to deliver goods free from physical and legal defects to the Customer.
- The Seller is liable to a buyer for an item sold with a physical or legal defect (warranty) in line with the principles set forth in the regulations of the generally applicable law, specifically including the Civil Code.
- Complaints can be submitted in person or in writing to the Seller's address, as indicated in § 1, by email to the email address: firstname.lastname@example.org, or by phone on the telephone number: +48 42 638 05 09.
- With regard to any matters concerning the performance of a contract for an Account and a contract for sale, the Seller shall contact the Customer by email to the address indicated by the latter or, possibly, by phone should the Customer indicate his/her relevant telephone number.
X. Final provisions.
Any headings in the Rules are used for easy reference and guidance only.
- The Customers that are the Consumers may seek out-of-court complaint handling and claim pursuing. The contact information regarding the institutions offering consumer guidance and assistance in Poland is available on the Office of Competition and Consumer Protection's websites, e.g. https://www.uokik.gov.pl/sprawy_indywidualne.php.
- The Consumers may also refer cases to arbitration offered by the network of polubowne sądy konsumenckie (consumer arbitration courts), this solution subject to both the Consumer's and the Seller's consent. Consumer arbitration courts, operating at Wojewódzkie Inspektoraty Inspekcji Handlowej (Provincial Inspectorates of Trade Inspection), arbitrate disputes over property rights between consumers and traders, arising from contracts for sale and services wherein a value of the object of litigation does not exceed PLN 10,000, except the Consumer Arbitration Court in Warsaw, which arbitrates cases regardless of a value of the object of litigation.
- At the address: http://ec.europa.eu/consumers/odr, the online platform for resolution of disputes between consumers and traders at EU level is available (the so-called ODR platform). The ODR platform is an interactive multilingual website with a full service point for consumers and entrepreneurs seeking an out-of-court resolution of a dispute over contractual obligations under an online sales contract. At the same time, the Seller represents that it does not agree to participate in proceedings in an out-of-court consumer dispute resolution case.
The regulations are valid from 15/05/2019.