Regulations

Terms and conditions of the 4x4 Factory online store

§1
General provisions

(1) These Rules and Regulations of the Fabryka 4x4 online store (hereinafter "Rules and Regulations") define the rules for the provision of sales services through the Fabryka 4x4 online store website, available at: www.fabryka4x4.pl, operated by the company Fabryka 4x4, which is a leader in the manufacture and sale of off-road equipment (hereinafter "Store").
(2) The seller and owner of the Store is the company: Fabryka 4x4 Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Szczepańcowa, ul. Polnej 24, 38-457 Szczepańcowa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Economic Department of the National Court Register under KRS number: 0001141004, NIP: 6842646355, REGON: 367477545, BDO number: 000060160 (hereinafter referred to as the "Seller").
3. the Terms and Conditions define the rules for the use of the Store, rules for placing orders for Products available in the Store, rules for payment by the Customer, rules for delivery of ordered products to the Customer, rights and obligations of the Customer and the Seller, rules for complaints and withdrawal from the contract, regulations on personal data protection and a model form for withdrawal from the contract by the Consumer
4. the Regulations are available on the Shop's website at: www.fabryka4x4.pl/regulamin
5th Contact with the Seller is possible at the following email address: biuro@fabryka4x4.com.pl or via the contact form available at the electronic address of the store www.fabryka4x4.pl or at the following phone number: 887082273 or 887082272 (on working days from 8.00 a.m. to 4.00 p.m.).
(6) In order to successfully place an order in the Store, it is necessary for the Customer to read and accept these Terms and Conditions and to abide by their provisions. The Customer accepts these Terms and Conditions on the Store's website using the appropriate form, both during Registration and, in addition, each time when placing an Order. The Customer's acceptance of the Regulations implies acceptance of the sales rules arising from them and obliges the Customer to comply with the rules contained therein.

§2
Definitions

1) Customer - a natural person (including a Consumer / Entrepreneur on the rights of a Consumer) having full legal capacity, a legal person or an organizational unit without legal personality, to which relevant regulations grant legal capacity, who concludes a Sales Agreement with the Seller by placing and accepting an Order in the Store in accordance with the Regulations or in any other manner provided for in the Regulations.
2. Consumer - Customer who is a natural person, making a purchase in the Store not directly related to his/her business or professional activity.
3) Entrepreneur on the rights of a consumer - a natural person, making a purchase in the Store or in any other manner provided for in the Regulations directly related to his/her business, when the content of the concluded agreement shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, disclosed in the Central Register and Information on Business Activity.
4. Sales Agreement - an agreement for the sale of Products within the meaning of the Civil Code, concluded by placing and accepting an Order in the Store in accordance with the Regulations or in any other manner provided for in the Regulations,
5. Password - a string of alphanumeric characters established by the Customer at Registration, needed for authorization when gaining access to the Account established by the Customer.
6) Customer's Account - a collection of resources in the Seller's ICT system, in which Customer's data is collected (in particular about placed Orders and complaints), marked with an individual login and password, available after Registration and logging in the administrative panel of the Store user;
7. Registration - a voluntary, one-time procedure involving the creation of an individual Customer Panel in the Store (Customer Account), performed in accordance with the Terms and Conditions, enabling the Customer to use the Store's functionality;
8. shopping cart - a form available in the Online Store, allowing the Customer to place an Order.
9. Product - any movable item available in the Store which is the subject of a Sales Agreement between the Customer and the Seller, in original, unopened packaging, including documentation.
10. Terms and Conditions - these rules and regulations of the Store.
11. Store - online store available at www.fabryka4x4.pl operated by the Seller, where Customers may maké purchases of Products offered by the Seller by concluding a Sales Agreement.
12. website - the Internet service of the Store available at www.fabryka4x4.pl (including subpages);
13. Seller, Service Provider - Fabryka 4x4 spółka z ograniczoną odpowiedzialnością with its registered office in Szczepańcowa, at Polna Spółka 24, 38-457 Szczepańcowa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Business Division of the National Court Register under KRS number: 0001141004, NIP: 68426463-55, REGON: 367477545, BDO number: 000060160, e-mail: biuro@fabryka4x4.com.pl, telephone number: 887082273 or 887082272.
14. Service - service provided electronically by the Service Provider to the Customer via the Website
15. order - the Customer's declaration of intent within the meaning of the Civil Code aimed directly at concluding a Product Sales Agreement with the Seller.
16. price - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§3
Rules of using the Shop

(1) The Store allows you to place orders for Products available on offer 24 hours a day, 7 days a week.
(2) To use the Store, including browsing the assortment and placing orders, it is necessary to have access to the Internet and a web browser.
(3) The Customer may register with the Store by creating a Customer Account.
(4) Browsing the Website, e.g. obtaining information about the Products, the Seller, checking the Products available in the Store's offer and placing Orders does not require Registration.
5th Placing Orders in the Store requires the Customer to have an active e-mail account.
6. the Customer undertakes to use the Store in a manner consistent with its purpose, the provisions of law, these Regulations and the rules of social intercourse. Any actions aimed at using the Store for purposes other than those specified in the Regulations, in particular this paragraph, are prohibited.
(7) The Seller reserves the possibility of temporary interruptions in the functioning of the Website for technical reasons (including development work, maintenance work, malfunctions, repairs, etc.) for the period necessary to resolve the issue constituting the cause of the interruption.
8. under the terms and conditions specified in the Terms and Conditions, the Seller shall, through the Website, provide free of charge Services consisting of: a. setting up and maintaining Customer Accounts in the Online Store, b. enabling the conclusion of Sales Agreements.
(9) The Agreement for the provision of Services referred to in paragraph 8(a) above is concluded for an indefinite period of time and is concluded upon confirmation of Registration by the Service Provider, in the manner referred to in paragraph 4 below.
(10) For the purpose of Registration (creation of a Client Account), it is necessary to complete the registration form, providing the required data, including e-mail address and password, carefully read the content of the Terms and Conditions, the content of the Privacy Policy, and confirm the fact of this reading and acceptance of the Terms and Conditions and Privacy Policy by checking the appropriate checkbox.
(11) After registration, an activation link is sent to the e-mail address provided by the Client. Clicking on the activation link completes the Registration process and constitutes confirmation of the accuracy of the data provided in the Registration form. The moment the Registration is confirmed, the contract for Account maintenance between the Customer and the Service Provider is concluded.
(12) The establishment of an Account, as well as the exercise of the rights and obligations of the Client - in the case of legal persons or organizational units without legal personality, may only be carried out by a person authorized to act on behalf of these entities.
(13) Registration, as well as the use of the functionality of the Website, are free of charge.
(14) After registration on the Website, each time logging in takes place using the data provided in the registration form.
15. a Client who has registered shall gain full access to the functionality of the Website, including in particular the history of purchases made in the Online Store.
16. the Service Provider reserves the right to modify the technical implementation of the functionality of the Website, in accordance with the scope and conditions arising from its authority, and in accordance with its technical capabilities, without deteriorating their quality, and without affecting the scope of rights and obligations of the Parties.
17. the Service Recipient shall bear full responsibility for its actions taken on the Website.
18. the Customer may terminate the agreement referred to in paragraph 8(a) above with immediate effect without specifying the reasons for termination, either by deleting the Account or by sending an appropriate statement by e-mail to the Service Provider's e-mail address: biuro@farbryka4x4.com.pl. In the case of termination in the form of sending a statement by e-mail, the Service Provider shall remove the Client's Account or personal data from the Website immediately upon receipt.
(19) The Service Provider may terminate the agreement referred to in paragraph 8(a) above at any time and without providing a reason, notifying the Client at the e - mail address provided in the Account, 14 days before the planned removal of the Account. Notwithstanding the foregoing, Service Provider may terminate the agreement referred to in Section 8(a) with immediate effect if:
a. the purpose of the Registration or the use of the Account is obviously contrary to the rules and purpose of the Website;
b. the Customer's activities are contrary to applicable laws, customary norms, violate the rights of third parties;
c. he/she has obtained reliable information about the unlawful nature of the provided data or related activities and has previously notified the Client;
d. The client commits sending unsolicited commercial information or grossly or persistently violates the provisions of the Regulations;
e. the data provided by the Client raises objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone contact or e-mail;
f. The Client has not been active on the Site, in particular has not placed an Order or logged into the Account within 2 years of the last activity.
(20) Termination of the contract by the Service Provider, is equivalent to blocking access to the Client's Account and its deletion.
(21) At any time, the Service Provider and the Customer may terminate the contract for the provision of Services referred to in paragraph 8(a) by mutual agreement.
(22) Termination or termination by mutual agreement of the contract referred to in paragraph 8(a) above shall not affect the performance of the Sales Agreements already concluded, unless otherwise agreed by the parties.
(23) The service referred to in paragraph 8(b) above consists in the Customer placing an Order for a Product using the functionality of the Store, and in the case of Customers who have made Registration also using the functionality of the Customer Account. Placing an Order through the Store constitutes acceptance of the offer and results in the conclusion of a Sales Agreement.
(24) The Service Agreement referred to in paragraph 8(b) is concluded for a definite period of time - for the duration of the Order and does not require Registration. It is terminated upon completion of the Order or discontinuation of its submission by the Customer.

§ 4
Information about Products and other information provided in the Store

(1) Information presented in the Store does not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but as an invitation to conclude a contract.
(2) All prices of Products are given by the Seller in Polish zloty and are expressed in gross prices (including VAT).
3rd The prices of the Products do not include the cost of delivery, which is specified in the delivery price list and depends on the method and place of delivery of the Products covered by the Sales Agreement.
4. the Seller reserves the right to make on an ongoing basis:
a. change the prices of Products presented in the Store,
b. update information about the Products presented in the Store,
c. withdraw particular Products from the Store's assortment,
d. introducing new Products to the Store's assortment.
e. change of delivery prices.
5th The events described in § 4 paragraph 4 of the Terms and Conditions, do not constitute an amendment to the Terms and Conditions.
6. the Seller stipulates that: individual information presented on the Store's Websites (regardless of the form of expression, e.g. photos) may be protected by law, e.g. the Act of February 4, 1994 on Copyright and Related Rights (unified text Journal of Laws of 2022, item 2509, as amended) the Act of June 30, 2000 Industrial Property Law (unified text Journal of Laws of 2023, item 1170, as amended). This applies in particular to trade names, trademarks, packaging designs.

§ 5
Placing orders

(1) Orders may be placed via the Store's Website.
(2) Placing an order in the Store requires acceptance of the Terms and Conditions.
(3) To conclude a Sales Contract it is necessary for the Customer to place a complete Order on the Store's Web Site or in any other manner provided for in the Regulations.
(4) Placing an Order does not require Registration. Placing an order by a Customer who does not have a Customer Account is done by using the functionality of the Store's Website (One-Time Purchases).
In case of having a Customer Account, the Order is placed using it and requires prior logging into the Customer Account, which takes place by entering in the login form the e-mail address and Password, provided during the registration of the Customer Account.
(6) Placing an Order on the Store's Website is done by performing all of the following actions:
a. selecting the Product(s) and/or choosing the color of the Product(s) in question (if applicable), the number of pieces of the Product(s) or individual Products, and clicking the "Add to Cart" button on the Store.
b. completing the Order form including: selection of delivery address, form of payment;
c. accepting the Terms and Conditions;
d. confirming the placement of the Order by clicking the "Order" button,
(7) Orders through the Store can be placed 24 hours a day using the functionality of the Store's Website.
8. in the case of orders placed through the Store, the completion and submission of the Order form by the Customer constitutes the submission of an offer. Confirmation of acceptance of the order for processing by the Seller takes place via a message sent to the indicated e-mail address of the Customer and leads to the conclusion of the Sales Agreement.
(9) Due to stock rotation, the Seller reserves the possibility of unavailability of some or all of the Products covered by the Order. In such a situation, the Seller will inform the Client about the situation and propose solutions, such as extending the term of the Order, choosing an alternative Product or cancelling the Order and refunding the funds.

§6
Payments

(1) The Customer has the right to choose the form of payment for the Product, in accordance with the Regulations, with the indications made in the Order form.
(2) The Seller accepts the following forms of payment:
a. Payment by bank transfer to the account of the Seller (Poland, abroad)
b. Online payment through payment services (e.g. PayU, Przelewy24),
c. Payment on delivery (cash on delivery)-for orders Poland.
(3) The execution of orders paid by bank transfer or through an electronic payment system takes place after the payment is credited to the Seller's account, and orders with the "cash on delivery" option immediately.
(4) In the case of choosing the method of payment specified in § 6.2(a) or (b), if the Customer does not make payment within 7 calendar days of placing the Order, the Order is cancelled.
(5) The Seller shall issue electronic invoices in PDF format. The Seller shall send an electronic invoice to the email address provided in the Customer Account or provided during the placing of the Order by Customers who do not have Customer Accounts, within 7 days from the date of issuance of the Product to the Customer. The Customer, by accepting the Terms and Conditions and Privacy Policy, authorizes the Seller to issue and send invoices in electronic form, in accordance with the relevant provisions of the Value Added Tax Act.
(6) The Customer shall have the right at any time to request the Seller to issue a paper invoice by sending such request to the e-mail address: biuro@fabryka4x4.com.pl.
(7) The Customer, purchasing the Products as part of his/her business activity, who wishes to receive a VAT invoice from the Seller, is obliged to provide the Seller, data including the entrepreneur's company and Tax Identification Number before concluding the Sales Agreement. Issuance of a VAT invoice with the company data, after conclusion of the Sales Agreement, if they are not provided when placing the Order, is not possible.
(8) In the event of circumstances justifying the issuance of a corrective invoice by the Seller, the Seller shall issue an electronic corrective invoice and forward it to the Customer at the e-mail address provided by the Customer in the Customer Account or at the e-mail address provided by the Customer during the placement of the Order.
(9) Circumstances justifying the issuance of a corrective invoice by the Seller are, in particular:
a. withdrawal by the Customer who is a Consumer or Entrepreneur on the rights of a Consumer from the Sales Agreement concluded remotely - within 14 days from the date of taking possession of the Product by the Consumer / Entrepreneur on the rights of a Consumer or a third party indicated by him/her,
b. withdrawal by the Customer who is a Consumer or Entrepreneur on the rights of a Consumer from the Product Sales Agreement in connection with the acceptance by the Seller of a complaint under warranty,
c. reduction by the Seller of the price of the Product covered by the Sales Agreement in connection with acceptance by the Seller of a complaint on account of warranty,
d. non-receipt by the Customer of the Product subject to the Sales Agreement.
(10) In the event of the occurrence of circumstances justifying the issuance of a corrective invoice by the Seller, referred to in Section 9 above, the Seller and the Customer mutually agree that they have accepted the conditions for issuance of the corrective invoice referred to in Section 9 above and its effect as of the date of issuance of the corrective invoice.

§7
Delivery

(1) Products ordered from the Store are delivered on Polish territory and to other countries of the European Union (the cost of foreign shipment is determined individually).
(2) The store carries out deliveries through courier companies cooperating with the Seller, depending on the weight and size of the shipment.
(3) The cost of delivery on Polish territory will be added depending on the quantity and dimensions of the shipped goods about which the customer will be informed by e-mail.
4th Preparation for shipment in case of ordering collection by the customer will be added, depending on the quantity and dimensions of the shipped goods about which the customer will be informed by e-mail.
5. shipping time is usually from 2 to 7 business days depending on the availability of the Product. Delivery time depends on the carrier and delivery address.
6.Shipping costs and delivery time may vary for foreign deliveries, which are priced individually.
(7) The Customer will be informed by the Seller about the estimated time of processing the Order in the sent confirmation of acceptance of the Order for processing. The above information is an approximate time calculated from the moment of acceptance of the Order for processing until the Order is sent to the Customer via courier service. The execution time of the Order is given taking into account the deadline for completion of all ordered Products. The lead time of the Order depends on the availability of the Product in question.
(8) Ordered Products are delivered to the address indicated in the Order form, under the conditions indicated in the regulations of courier (transport) companies.
9. it is the Customer's responsibility to check the contents and condition of the shipment at the time of receipt in the presence of the supplier. In case of mechanical damage caused during transport, the Customer and the supplier shall draw up a damage protocol. Failure to prepare a damage protocol by the Consumer or Entrepreneur on the rights of the consumer does not exclude or suspend the recognition of a possible complaint, however, it may make it more difficult to prove the existence of damage at the time of delivery.
(10) The Seller shall not be liable for damages caused by irregularities (including mistakes) made by the Customer when placing the Order, as a result of which the shipment did not reach the addressee, as well as for unjustified refusal to receive the shipment. The costs associated with the reshipment and handling of such Order shall be borne by the Customer.

§8
Right of withdrawal from the contract

(1) A Customer who is also a Consumer or an Entrepreneur on the rights of a Consumer who has concluded a Distance Sales Agreement has the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason within 14 days from the date of taking possession of the Product by the Consumer/Entrepreneur on the rights of a Consumer or a third party designated by him.
(2) The declaration of withdrawal from the contract may be submitted on the form, the model of which is attached to the Regulations.
(3) The statement of withdrawal from the Agreement should be sent by regular mail to the address of the Seller's registered office or by e-mail to: biuro@fabryka4x4.com.pl.
(4) In the case of sending a statement of withdrawal from the Agreement by e-mail, the Seller will send the Consumer / Entrepreneur on the rights of the consumer a confirmation of its receipt immediately upon receipt of the statement.
(5) The Consumer/Entrepreneur on the rights of the consumer shall bear only the direct costs of returning the Product, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear them.
(6) In the event of withdrawal from the Sales Agreement, it shall be considered not concluded, and if the statement of withdrawal from the Sales Agreement was made before the Seller accepted the offer of the Consumer/Entrepreneur on the rights of the Consumer, the offer shall cease to be binding.
(7) The Consumer / Entrepreneur on the rights of the consumer is obliged to return the Product to the Seller to the address of the Seller's registered office within 14 days from the date of making the statement of withdrawal from the Agreement.
8.The Product returned in connection with withdrawal from the Sales Agreement must be complete (including all equipment and accessories, which are an integral part of it). It is recommended to duly protect the returned Product to prevent its damage in transit. The Consumer/Entrepreneur on the rights of the consumer shall be liable for the diminution in value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
(9) The Seller shall, no later than 14 days from the date of receipt of the statement of the Consumer / Entrepreneur on the rights of the consumer about withdrawal from the Sales Agreement, return to the Consumer / Entrepreneur on the rights of the consumer all payments made by him, including the cost of delivery of the Product. The Seller shall refund the payment using the same method of payment used by the Consumer/Entrepreneur on the rights of the consumer, unless the Consumer/Entrepreneur on the rights of the consumer has expressly agreed to a different method of refund that does not involve any costs for him.
(10) If the Seller has not offered to collect the Product from the Consumer/Entrepreneur on the rights of the consumer himself, the Seller may withhold the refund of payments received from the Consumer/Entrepreneur on the rights of the consumer until he receives the Product back or the Consumer/Entrepreneur on the rights of the consumer provides proof of its return, whichever event occurs first. The Seller does not accept parcels sent back cash on delivery.
(11) The right of withdrawal from a Distance Sales Agreement, does not apply to the Consumer/Entrepreneur on the rights of the consumer with respect to contracts:
a. The provision of services, if the Seller has fully performed the service with the express consent of the Consumer / Entrepreneur with rights of the consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the contract;
b. in which the price or remuneration depends on fluctuations in the financial market, over which the Service Provider has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
c. in which the subject of performance is a non-refabricated good, produced according to the specifications of the Consumer/Entrepreneur on the rights of the consumer or serving to meet his/her individualized needs;
d. in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
e. in which the subject of performance is goods which, after delivery, by their nature, are inseparably combined with other things.

§9
Complaints

(1) The Seller shall be liable if the Product is inconsistent with the Sales Agreement to the extent and in accordance with the rules set forth in the Law on Consumer Rights to Customers who are Consumers/Entrepreneurs on consumer rights. In the case of sales that are not sales made to a Consumer/Entrepreneur on the rights of a Consumer, the application of the provisions on warranty for defects contained in the Civil Code is excluded.
(2) The Seller shall be liable to the Consumer / Entrepreneur on the rights of the consumer for the lack of compliance of the Product with the Sales Agreement existing at the time of delivery of the Product and disclosed within two years from that time, unless the term of usefulness of the Product for use, specified by the Seller is longer. The Product's non-conformity with the Sales Agreement, which became apparent before the expiration of two years from the time of delivery of the Product, is presumed to have existed at the time of delivery, unless proven otherwise or this presumption cannot be reconciled with the specifics of the Product or the nature of the Product's non-conformity with the Sales Agreement.
(3) A consumer/entrepreneur on the rights of a consumer, who makes a complaint about the Product due to the lack of compliance of the Product with the Sales Agreement, is obliged to specify his/her demand, in accordance with the applicable provisions of the Law on Consumer Rights.
(4) The Seller may replace the Product when the Consumer / Entrepreneur on the rights of the consumer demands repair, or the Seller may repair when the Consumer / Entrepreneur on the rights of the consumer demands replacement, if bringing the Product into conformity with the Sales Agreement in a manner chosen by the Consumer / Entrepreneur on the rights of the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller within the meaning of the Consumer Rights Act, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
(5) The Seller shall repair or replace within a reasonable time from the moment the Seller was informed by the Consumer / Entrepreneur on the rights of the consumer about the lack of conformity to the Sales Agreement, and without undue inconvenience to the Consumer / Entrepreneur on the rights of the consumer, taking into account the nature of the Product and the purpose for which the Product was purchased. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller.
(6) The Consumer/Entrepreneur on the rights of the Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect from the Consumer / Entrepreneur on the rights of the consumer the Product at his expense.
(7) If the Goods have been assembled before the nonconformity of the Product with the contract becomes apparent, the Seller disassembles the Product and reassembles it after repair or replacement, or has these activities performed at its expense.
(8) The consumer/entrepreneur on the rights of the consumer shall not be obliged to pay for the ordinary use of the Product, which was subsequently replaced.
(9) If the Product is not in conformity with the Sales Agreement, the Consumer or Entrepreneur on the rights of the consumer, may make a statement of price reduction or withdrawal from the Sales Agreement, when:
a. The Seller refused to bring the Product into conformity with the Sales Agreement in accordance with paragraph 4,
b. The Seller failed to bring the Product into conformity with the Sales Agreement in accordance with sections 5-7,
c. Non-compliance of the Product with the Sales Agreement still exists, despite the fact that the Seller tried to bring the Product into conformity with the Sales Agreement;
d. the lack of compliance of the Product with the Sales Agreement is so significant that it justifies a reduction in price or withdrawal from the Sales Agreement without first exercising the right to repair or replace the Product not in compliance with the Sales Agreement;
e. it is clear from the Seller's statement or circumstances that it will not bring the Product into conformity with the Sales Agreement within a reasonable time or without undue inconvenience for the Consumer or the Entrepreneur on the rights of the Consumer.
(10) The Seller shall return to the Consumer / Entrepreneur on the rights of the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the statement of the Consumer / Entrepreneur on the rights of the consumer about the price reduction, whereby the reduced price must remain in such proportion to the price under the Sales Agreement as the value of the Product not in conformity with the Sales Agreement remains to the value of the Product in conformity with the Sales Agreement.
(11) A Consumer/Entrepreneur with consumer rights may not withdraw from the Sales Agreement if the lack of conformity of the Product with the Sales Agreement is insignificant. The lack of conformity of the Product with the Sales Agreement shall be presumed to be material.
(12) If the lack of conformity with the Sales Agreement applies only to certain Products delivered under the Sales Agreement, the Consumer / Entrepreneur on the rights of the Consumer may withdraw from the Sales Agreement only with respect to these Products, as well as with respect to other Products purchased together with the Products that do not conform to the Sales Agreement, if the Consumer / Entrepreneur on the rights of the Consumer cannot reasonably be expected to agree to keep only the Products that conform to the Sales Agreement.
(13) In the event of withdrawal from the Sales Agreement, the Consumer / Entrepreneur on the rights of the consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall return the price to the Consumer/Entrepreneur on the rights of the consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.
(14) The Seller shall refund the price using the same method of payment used by the Consumer/Entrepreneur on the rights of the consumer, unless the Consumer/Entrepreneur on the rights of the consumer has expressly agreed to a different method of return that does not involve any costs for him.
(15) The Consumer / Entrepreneur on the rights of the consumer may refrain from paying the price until the Seller has performed the obligations under paragraphs 4-14.
(16) The period for processing complaints under the warranty is 14 calendar days, calculated from the date of receipt of the Product under complaint by the Seller, unless the Seller informs the Consumer / Entrepreneur on the rights of the consumer of the need to extend this period in special cases justified, for example, by the need to collect additional documentation or information. In this case, the time for processing the complaint may be extended for reasons beyond the Seller's control.
(17) The Seller shall confirm receipt of the complaint and inform about the completion of the complaint process, in particular in the Customer Account or by email, telephone, text message.
(18) The Service Provider is not a guarantor of the Products. If the guarantor provides a quality guarantee for the Products, its terms and conditions are made available with the Product. Warranty rights must be exercised in accordance with the terms of the warranty document attached to the Product.
(19) Claims under the warranty should be filed directly with the relevant guarantor in accordance with the terms of the warranty document or through the Seller. Complaints under the warranty shall be handled by the competent guarantor.
(20) The Product which is the subject of a complaint under the warranty, should be delivered to the guarantor or to the Seller, unless the defect is of such a type that it should be removed at the place where the Product was when the defect became apparent.
(21) The condition for accepting a claim under the warranty is that the Customer presents proof of purchase of the Product and a valid warranty card.
(22) The terms and conditions for the processing of complaints about the Product under the warranty are set forth in the wording of the warranty document.
(23) The warranty does not exclude or limit the Customer's rights, nor does it affect the Seller's liability under the warranty for non-compliance of the Product with the Sales Agreement.
24. any complaints related to the Product, both on the basis of warranty and guarantee, the Customer may submit in writing to the address of the registered office of the Seller or via e-mail to: biuro@fabryka4x4com.pl.

§10
Out-of-court ways of dealing with complaints about claims

(1) The Consumer has the right to use out-of-court ways of processing complaints and pursuing claims. In particular, the Consumer has the right:
a. apply to the permanent court of arbitration at the provincial inspectors referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (consolidated text Journal of Laws of 2020, item 1706, as amended) for settlement of a dispute arising from the concluded Agreement. The Rules of Organization and Operation of Permanent Arbitration Courts are set forth in the Ordinance of the Minister of Justice of July 6, 2017 on defining the Rules of Organization and Operation of Permanent Arbitration Courts at Provincial Trade Inspection Inspectors (Journal of Laws of 2017, item 1356),
b. apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of December 15, 2000 on the Trade Inspection (consolidated text of the Journal of Laws of 2020, item 1706, as amended) to initiate mediation proceedings for the amicable termination of the dispute between the Consumer and the Service Provider/Seller. Information on the rules and procedures of the mediation procedure conducted by the Provincial Inspectorate of Trade Inspection is available on the websites of the individual Provincial Inspectorates of Trade Inspection,
c. apply to the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including but not limited to the Federation of Consumers, Association of Polish Consumers) for free legal assistance in resolving a dispute with the Service Provider.
(2) Detailed information on the possibility for the Consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
(3) The use of out-of-court means of handling complaints and pursuing claims is voluntary and can take place only if both parties to the dispute agree to it. The above provision is for information purposes and does not imply the Seller's consent to participate in out-of-court ways of handling complaints and pursuing claims (dispute resolution).

§11
Personal data protection

(1) The administrator of the Customers' personal data is the Seller - Fabryka 4x4 Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Szczepańcowa, 24 Polna Street, 38-457 Szczepańcowa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Economic Division of the National Court Register under KRS number: 0001141004, NIP: 6842646355, REGON: 367477545, BDO number: 000060160.
(2) Customers' personal data shall be processed in accordance with the regulations on personal data protection, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation, "RODO").
(3) Customers' personal data shall be processed solely for the purpose of proper provision of services by electronic means, including order processing, complaint handling, contacting the Customer and, if the Customer has given his/her consent, for marketing purposes.
(4) The Customer has the right to access his/her data, to rectify, delete or restrict processing, as well as to object and to data portability.
(5) Detailed information on the processing of the Customer's personal data and its protection, as well as the Customer's rights in connection with the processing of his/her personal data by the Administrator and the Administrator's contact details are contained in the Privacy Policy available on the Store's website.

§ 12
Final provisions

(1) These Regulations shall come into force on 16.12.2024 and shall be valid indefinitely.
(2) The Seller shall be entitled to unilaterally amend the Terms and Conditions in the event of adding new functionality or launching new versions of the Store or the Website, in the event of legal or organizational changes of the Seller, as well as in the event of changes in the laws applicable to the Website or the Store.
(3) Amendments to the Terms and Conditions shall be made by informing the Customer of the change in the Terms and Conditions via e-mail. The Regulations shall come into force, with respect to customers using the services described in the Regulations, within 14 days of informing the customer about the change in the Regulations, unless the contract for electronic provision of services described in the Regulations is terminated within that time.
(4) The amendment of the Regulations shall not affect Orders placed before the effective date of the amendment. For such Orders, the Regulations in the version in effect on the date of the order shall apply.
(5) Any disputes arising between the Seller and a Customer who is not a Consumer shall be resolved by a common court of competent jurisdiction for the registered office of the Seller, except for disputes with Consumers, which will be considered according to the jurisdiction of the court in accordance with the provisions of generally applicable Polish law.
(6) In matters not covered by these Terms and Conditions, the provisions of universally applicable Polish law shall apply.
(7) The attachment to the Agreement constituting its integral part is:
a) Specimen statement of withdrawal from the Sales Agreement concluded remotely
[Place, date]

[Your name and surname].

[Your address].

[Your e-mail].

[Your phone number].
To:
4x4 Factory Limited Liability Company
Polna 24, 38-457 Szczepańcowa
biuro@fabryka4x4.com.pl
STATEMENT OF WITHDRAWAL FROM THE CONTRACT OF SALE CONCLUDED REMOTELY
Pursuant to Article 27 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), I hereby inform you of my withdrawal from the contract of sale of the following products:
[Product name, order number].
[Optional: Reason for withdrawal - not required].
Date of conclusion of the contract: [dd.mm.yyyy].
Date of receipt of goods: [dd.mm.yyyy].
In connection with the withdrawal from the contract, please refund the amount I paid to the bank account:
[Bank account number].
The returned product will be sent back to the company's address within the statutory period of 14 days.
Please acknowledge receipt of my statement of withdrawal from the contract.
Yours sincerely,

[Signature (in case of paper version)].

[Name and surname].