Regulations

ONLINE SHOP REGULATIONS –

www.sklep.breck.pl

§ 1

[General Provisions]

These Regulations define terms and conditions of using the website available at www.shop.breck.pl, offering the possibility to purchase products through an online shop operated by Lumag Sp. z o.o. with its registered office in Budzyń (64-840), ul. Rogozińska 72, NIP: 7642400940, REGON: 57210841500000, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000158327, whose registration files are kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, with the share capital of PLN 14,903,000.00, phone: +48 67 28 44 800, e-mail address: ecommerce@lumag.pl

2. Glossary of terms:

1) Service Provider/ Seller/ Personal Data Controller/ Lumag - Lumag Sp. z o.o. with its registered office in Budzyń (64-840), ul. Rogozińska 72, NIP: 7642400940, REGON: 57210841500000, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000158327, whose registration files are kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Division of the National Court Register, with the share capital of PLN 14,903,000.00, phone: +48 67 28 44 800 e-mail address: ecommerce@lumag

2) Website – a website available at www.sklep.breck.pl,

3) Shop – an online shop available on the Website,

4) Buyer / Customer – an entity placing an order in the Shop (both a consumer and a person not being a consumer),

5) Consumer – the Buyer/ the Customer being a natural person making a legal transaction with the Seller which is not directly related to its business or professional activity (concluding a sales agreement through the Shop),

6) Products - movable goods available in the Shop - in particular car parts, components of the braking system,

7) Regulations – these Regulations,

8) Order – a declaration of will made by the Buyer aimed at concluding an agreement for the sale of the Product/Products via the Shop.

3. The use of the Shop is aimed at improving the sale of the Products by enabling the Customers to place an Order for the Products available in the Shop by electronic means.

4. The use of the Shop is tantamount to the acceptance of the Regulations

5. It is prohibited to provide the Customer with unlawful content and use the Website in a manner contrary to the law, good practices or violating the personal interests of third parties.

6. Minimum technical requirements enabling the use of the Website is Internet browser version Internet Explorer 8 or Chrome 16 or Firefox 10 or Opera 11 or Safari 5 or newer, with Javascript turned on, accepting cookies and Internet connection with a throughput of at least 256 kbit/s.

§ 2

[Customers of the Shop]

When registering an account on the Website, the Consumer shall specify in particular the following data:
Creating an account on the Website requires registration.
Full access to the Shop’s resources is possible only for entities having an account on the Website. Unregistered or non-logged Customers may view the Products available in the Shop, but they cannot place an Order. To place an Order in the Shop, it is necessary to have an account and to be logged on the Website.

1) e-mail address,

2) first name,

3) surname,

4) city,

5) postal code,

6) address,

7) country,

8) telephone number,

9) password.

4. When registering an account on the Website, the entity not being a Consumer shall additionally provide the following data:

1) company,

2) NIP (Tax ID Number).

5. During the registration, the Customer accepts the provisions of these Regulations, the Privacy Policy and agrees to the processing of personal data, which is necessary to register the account on the Website.

§ 3

[Logging to the Website]

Logging to the Website takes place by providing by the Customer the e-mail address and password provided in the account registration.

§ 4

[Products]

Prices of the Products are provided in PLN and include the applicable VAT.
Prices of the Products do not include delivery costs.
The Seller reserves the right to make changes to the prices of the Products on a regular basis. The right referred to in the preceding sentence shall not affect the Orders placed and confirmed before the date of changing the price of the Product.
Information about the Products contained in the Shop does not constitute an offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for concluding a sales agreement.

§ 5

[Orders]

Orders are submitted only by electronic means via the Shop.
The Customer may place Orders in the Shop 7 days a week, 24 hours a day, but the Service Provider reserves the right to carry out maintenance works of the Website which may cause temporary difficulties or prevent the use of the Shop.
The Customer submitting the Order completes the Order by selecting the desired Products. The Products are added to the Order by transferring them to the cart.
After completing the entire Order, the Customer selects the mathod of delivery and the form of payment and submits the Order. The total cost of the Order is presented in the Order Summary, prior to the confirmation of its submission by the Customer.
The Customer receives confirmation of placing an Order to the e-mail address.
The sales agreement is concluded in the case of selecting the “cash on delivery” payment method - at the moment of sending the confirmation of the Order placement to the Customer, and in the case of selecting the “DotPay” payment method when the payment is credited to the Seller's account.
When selecting the “DotPay” payment method, after placing an Order, the Customer will be redirected to the payment form. In addition, the Customer receives to the e-mail address a link for the payment of an Order which is active for 24 hours from the moment of sending it to the Customer. If the Order is not paid during the period of validity of the link, the Order shall be deemed not to have been submitted.
The Seller shall complete the Order after the Order has been placed (in the case of “cash on delivery” payment method) or after the payment has been posted (in the case of “DotPay” payment).
The average duration of execution of the Order is 2 working days.
The Customer is obliged to provide the data necessary to complete the Order. Default contact details and address data are identical with the data provided during the registration, but the Customer may make the necessary changes for the purpose of executing the Order.
The Customer agrees to receive information concerning the submitted Order also in the form of an e-mail, to the e-mail address indicated during the registration, as well as to the telephone number provided.
The Customer has access to the history of Orders containing a list of placed Orders containing such information as the Order number, Order placement date, Order execution status, Order value, as well as access to invoices which, at the Customer's request, are also sent to the Customer via e-mail.

§ 6

[Payments]

The Customer has the right to choose the following forms of payment:

1) cash on delivery,

2) card on delivery,

3) DotPay.

The Customer, who chooses DotPay payment method, declares that he/she has read and accepts the terms and conditions of providing services by the external entity - Dotpay Sp. z o.o.

§ 7

[Delivery]

The products are delivered to the Customers by courier service. When placing an Order, the Customer selects a supplier from the list of available entities.
The Customer is informed when the package is sent. The delivery shall take place according to the rules specified by the selected courier company.

§ 8

[Guarantee, warranty for Products, complaints concerning sales agreements]

The complaint procedure concerning sales agreements and the terms and conditions of guarantee and warranty for the Products are included in Appendix no. 1 to the Regulations.

§ 9

[Agreement for the provision of services by electronic means]

The Service Provider provides the Customer with services consisting in making available the Website resources in order to enable the Customer to submit an Order for goods available in the Shop.
The service agreement is concluded upon the first logging in to the Website.
Both the Customer and the Service Provider may terminate the agreement for the provision of services by electronic means at any time and without giving any reason, subject to the rights acquired by the other party prior to the termination of the above-mentioned agreement.
In order to terminate the agreement for the provision of services by electronic means, the Customer shall send the Service Provider a declaration of will to terminate the agreement to the Service Provider's e-mail address ecommerce@lumag.pl.
In order to terminate the agreement for the provision of services by electronic means, the Service Provider shall send the Customer a declaration of will to terminate the agreement to the Customer's e-mail address provided during the registration.
The Customer shall be prohibited to place unlawful content on the Website.

§ 10

[Complaints concerning the operation of the Website]

The Customer has the right to submit complaints regarding the operation of the Website.
Complaints shall be notified to the Service Provider by sending an e-mail to the following address: ecommerce@lumag.pl.
The complaint should indicate the Customer's data (first name, surname, business name, e-mail address) and circumstances justifying the complaint.
Complaints shall be processed immediately, but not later than within 14 days from the date of receipt of the complete information allowing for the settlement of the Complaint.
If the data specified in the Complaint require supplementation, the Service Provider shall request the Customer to indicate additional information within the specified time limit.
The Customer shall be informed via e-mail to the e-mail address indicated in the Complaint.
Complaints which do not allow to identify the Customer shall not be handled.

§ 11

[Withdrawal from the sales agreement by the Consumer]

The Buyer who is a Consumer may withdraw from the sales agreement of the Products purchased from the Seller without giving any reason by submitting a relevant statement in writing or by e-mail to the Seller's address: ecommerce@lumag.pl within 14 days from the receipt of the Products by the Buyer. To comply with this deadline, it is sufficient to send a statement before its expiry.
The Buyer may use the template of the statement on withdrawal from the agreement constituting Appendix no. 2 to the Regulations.
In the event of withdrawal from the agreement, the Buyer who is the Consumer shall return the purchased Products to the Seller or hand it over to the person entitled by the Seller immediately, but not later than within 14 days from the date on which he/she withdrew from the agreement, unless the Seller has proposed to collect the Products himself. In order to keep the deadline, it is sufficient to return the Products before its expiry.
The Consumer shall only bear the direct costs of returning the Products in the amount equal to the fee for sending the package by courier or by other means, selected by the Consumer.
All payments made by the Buyer who is a Consumer shall be returned by the Seller within 14 days from the date of receiving the statement of withdrawal from the agreement.
The payments referred to above shall be returned in the same manner as used by the Buyer, unless the Buyer agreed to another method of return, which does not entail any costs for the Buyer.
In the case of returning the Products in connection with the withdrawal from the agreement, the Buyer being a Consumer shall be liable for a decrease in the value of the Products resulting from the use of the Products in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Products.
The Buyer who does not have the status of a Consumer shall not have the right to withdraw from the agreement. In case of such Buyers, the rules and dates of withdrawal from the agreement shall be governed by the provisions of the Civil Code.

§ 12

[Information for consumers about the possibility to

use out-of-court redress procedures]

The Customer being a consumer shall be entitled to use out-of-court means of pursuing claims under this agreement. Detailed information concerning the possibility of using out-of-court means of examining complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/

§ 13

[Personal data]

The rules related to the protection of personal data are specified in the Privacy Policy, constituting Appendix no. 3 to the Regulations.

§ 14

[Final provisions]

The Regulations shall enter into force on 1 December 2020.
To all matters not regulated herein, the relevant provisions of Polish law shall apply.
The Service Provider reserves the right to amend the Regulations. The Customer shall be informed of the change of the Regulations through information on the change of the Regulations placed on the Website by the Service Provider, containing a list of changes to the Regulations and through information containing a list of changes to the Regulations sent to the e-mail address indicated by the Customer in the registration form. The Regulations shall become effective within 7 days from the date of its publication on the Website and shall be sent to the Customer's e-mail address. If the Customer does not accept changes introduced to the Regulations, it is obliged to notify the Service Provider of this fact in the form of an e-mail to the address ecommerce@lumag.pl, which results in the termination of the agreement for the provision of services by electronic means. The provision of services up to the date of entry into force of changes to the Regulations shall take place on the basis of the current content of the Regulations.

Appendix 1 to the document Information on the terms and conditions of warranty and guarantee for the products offered by Lumag Sp. z o.o. and the conditions of their storage – complaint protocol

Appendix 2 to the document Information on the terms and conditions of warranty and guarantee for the products offered by Lumag Sp. z o.o. and the conditions of their storage – qualitative and delivery non-compliance form

Appendix 3 to the Regulations – Privacy Policy