Store Regulations - valid from 2021.01 to 2022.03

Regulations of the Shift Seven Online Store
( valid from 01.01.2021 to 22.03.2022 )

§ 1

Introductory provisions

  1. These Regulations define the general conditions and rules of operation of the online store sklep.shiftseven.pl (hereinafter referred to as "the Store ").

  2. The store run by the Seller is a sales platform through which the Seller provides services to Customers electronically, as well as through which the Customer has the opportunity to read and conclude a Sales Agreement for Products presented by the Seller. For this purpose, the Seller provides customers with appropriate system, ICT and technological tools and provides services on the terms set out in these Regulations.

§ 2

Definitions

  1. Seller - a natural person running a business under the name Shift7 - Tomasz Kosmalski entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 5291822760 REGON 381112471, using the functionality and resources of the Store to invite customers to conclusion of the Sales Agreement and the provision of services to the Customer.

  2. Customer - any entity for which electronic services may be provided or with which a Sales Agreement may be concluded.

  3. Consumer - a natural person who performs a legal transaction with the Seller, the subject of which is not directly related to its business or professional activity.

  4. Entrepreneur - a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.

  5. Regulations - means these Regulations.

  6. Store - sklep.shiftseven.pl online store run by the Seller.

  7. Stationary Store - means a place intended for customer service, the list of which is available on the Store's Website at: sklep.shiftseven.pl

  8. Store Website - means the websites where the Seller runs the Store, operating in the domain shiftseven.pl.

  9. Sales contract - A sales contract concluded at a distance, between the Customer and the Seller , without the simultaneous physical presence of the parties, using one or more means of distance communication. The Sales Agreement also means - according to the features of the Product - a contract for the provision of services and a contract for specific work.

  10. Order - the Customer's declaration of will submitted by means of remote communication, aimed directly at concluding the Customer's Sales Agreement with the Seller.

  11. Placing an order - consists in particular in specifying the type and quantity of Products, the expected time of order fulfillment, as well as, in the case of movables, the method of delivery.

  12. Product - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.

  13. Contract documents - these are all documents sent between the Customer and the Seller to fulfill the order.

  14. Working days - these are days of the week from Monday to Friday, excluding public holidays.

  15. Delivery - means the activity of delivering to the Customer by the Seller the Product specified in the Order. This activity may be performed through the Supplier. Delivery also means the receipt of the Product by the Customer at the selected Stationary Store.

  16. Supplier - it is an entity cooperating with the Seller in the delivery of Goods to Customers. It can be a courier company or an operator of post office boxes - parcel lockers.

  17. Registration - an activity performed by the Customer in the manner specified in the Regulations, required in order for the Customer to use all the functionalities of the Store.

  18. Customer Account - it is an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered.

  19. Password - a sequence of digital, letter or other characters selected by the Customer during Registration, used to secure an individual Customer Account in the Store.

  20. Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him in an unchanged manner and in a way that allows access to this information in the future for a period appropriate to the purposes for which this information is used.

§ 3

Store and Seller data

  1. Seller's full name: Shift7 - Tomasz Kosmalski

  2. Store trade name : Shift Seven - electric vehicles

  3. Stationary Store address: 05-827 Grodzisk Mazowiecki, ul. 3-Maja 1a

  4. E-mail address: ev.shiftseven@gmail.com

  5. Telephone number: +48 512 929 746

  6. Bank account number (Alior Bank): 78 2490 0005 0000 4600 1856 9866

  7. The Customer may communicate with the Store using the addresses and telephone numbers provided in this paragraph.

  8. The Customer may communicate with the Store by phone during the hours specified on the Store's Website.


§ 4

General information

  1. All rights to the store, including proprietary copyrights, intellectual property rights, both to its name, domain of the Store's Website, as well as to forms, patterns, logos, graphics and photos posted on the Store's Website (except for some logos, graphics and photos presented on the Store's Website for the purpose of presenting Products, the copyrights of which belong to third parties) belong to the Seller.

  2. The Seller makes every effort to ensure that the Store's Website adjusts to each screen resolution and is "responsive". In addition, the Seller will make every effort to ensure that the use of the Store's Website is possible on all the most popular web browsers that accept "cookies".

  3. The Seller uses the "cookies" mechanism, about which the Customer is informed when visiting the Store's Website. Information on the operation of "cookies" and their use can be found in a separate document - "Privacy Policy - Shift Seven".

  4. The Seller does not conduct wholesale in the Store. If you wish to make such a purchase, the Customer should contact the Store to arrange the details of the transaction.

  5. The Seller has the right to cancel the order placed by the Customer who is not a Consumer - i.e. withdraw from the Sales Agreement within the meaning of art. 395 of the Civil Code, from the conclusion of the Sales Agreement until the expiry of 14 days from the date of Product Delivery. The Seller may withdraw from the Sales Agreement without giving any reason, which does not give rise to any claims against the Seller on the part of the Customer (who is not a Consumer).

  6. The Seller does not allow the Customer to use the Store for activities that would violate the interest of the Seller. Such activities include: advertising Products or other entrepreneurs' online platforms, posting content not related to the Seller's activities, posting untrue or misleading content for other customers.

  7. The Seller does not allow the Customer to send unlawful content or to use the Store, Products and services offered by the Store by the Customer in a manner that is against the law, decency or infringes the personal rights of third parties.

  8. The Seller declares that the public nature of the Internet network, as well as services provided electronically, is associated with the risk of a cyber attack, the effect of which may be the acquisition and modification of Customer data by unauthorized persons. The seller observes the customers and recommends the use of appropriate technical measures that will reduce the risk of the above-mentioned risks. In particular, customers should use anti-virus and identity protection programs

  9. The Seller warns customers against attempts to obtain passwords to access the Customer Account. The Seller never asks the Customer to provide him with the Password to his Customer Account in any form.

  10. Placing orders by the Customer for Products in the Store's offer is possible by providing the necessary personal and address data enabling the Order to be processed.

  11. The prices given in the Store are given in Polish zlotys and are gross prices.

  12. By withdrawing from the Agreement is understood as providing the other party with a declaration of withdrawal from the Agreement, which can be delivered both in electronic and paper form to the last known address of the other party.

  13. The parties to the Agreement are responsible for informing the other party about any changes in personal or contact data during the term of the Agreement. Failure to comply with this obligation may result in sending documents to the outdated address of the Party. Such documents will be deemed delivered.

  14. Collecting the Product from the Seller , in the event of failure to pay for the delivery to the Customer , or failure to collect the shipment, should take place within 14 days of payment for the Product . Exceeding this deadline may result in the Seller withdrawing from the Agreement ( in accordance with the provisions of Article 491 § 1 of the Civil Code).

  15. Any reimbursement of money between the Seller and the Customer will be made to the bank account numbers from which the payments were made.


§ 5

Registration

  1. By registering, the Customer creates an individual Customer Account.

  2. The Customer Account is not necessary to place an Order via the Store.

  3. Customer registration consists in filling in the registration form and sending it to the Seller.

  4. During Registration, the Customer sets a password to access the Customer Account.

  5. The Customer may read the Regulations before Registration by clicking at the bottom of the page (in the footer) under the form in "Store Regulations". By creating a Customer Account, the Customer accepts the content of the Regulations and related documents.

  6. After submitting the completed registration form, the Customer will receive an e-mail confirming the Registration. At this moment, an agreement is concluded for the provision of electronic services consisting in maintaining a Customer Account.
    The Customer gains access to the Customer Account and the possibility of making changes to the data provided during Registration.

§ 6

Rules for placing an Order

  1. The customer has the option of placing an order for a Product using:

    1. Electronic mail

    2. Online store

    3. By phone


Each time, in order to place an order, the Customer must provide his active e-mail address or correspondence address, and must have an active telephone number.

  1. The information contained on the Store's Website does not constitute a Sales Offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.

  2. A customer placing an order via the Store's Website completes the Order by selecting the Product he is interested in and adds it to the "CART". After completing the order and indicating the method of Delivery and payment method in the "CART", he places the order using the available order form by clicking the "Pay now" button. Before placing an order, the Customer is each time informed about the total price for the selected Product and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.

  3. A customer placing an order via e-mail completes the order by providing the name, type and quantity of the Product, as well as his contact details.

    The Seller, after receiving the order to the e-mail address indicated on the Store's Website, sends the Customer a return message containing the Seller's data, the price of the selected Products and possible forms of payment and Delivery. In addition, the Seller informs the Customer about all costs that he must incur in connection with the concluded Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Product. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, indicating the selected form of payment and the method of Delivery.

  4. Placing an order referred to in § 5 section 3 and § 5 section 4 of the Regulations is the Customer's submission to the Seller of an offer to conclude a Sales Agreement for the Products that are the subject of the order.

  5. After receiving the offer to conclude the Sales Agreement, the Seller sends the Customer confirmation of the order, which is the Seller's declaration of acceptance of the offer referred to in § 5 section 5. Upon the receipt of the above message by the Customer, the Sales Agreement is concluded.

  6. The customer may place an order by phone, using the telephone number provided by the Seller on the Store's Website. Such an order is placed in real time, i.e. a Sales Agreement is concluded during a telephone call. First, the Customer provides the Seller with the name, type and quantity of the Product. After completing the order, the Customer provides his contact details and specifies the method of Delivery and the form of payment. In order to confirm the order, the Customer provides an e-mail address or correspondence address.
    When placing an order by phone, the Customer is informed each time about the Seller's data, about the total cost of the selected Products, as well as the cost of the method of Delivery, and all other additional costs related to the concluded Sales Agreement.

  7. Placing orders by phone is possible on the days and hours specified on the Store's Website.

  8. The customer may voluntarily wish to receive SMS notifications related to his order. This can be done via the order panel by checking the appropriate box and providing your phone number.
    The above consent may be withdrawn by submitting an appropriate statement to the Seller.

  9. After the conclusion of the Sales Agreement, the Seller sends its terms to the Customer. The terms and conditions are sent to the e-mail address provided during registration or placing an order, or to the correspondence address.

  10. After concluding the Sales Agreement, the Seller may contact the Customer by phone or e-mail in order to check his level of satisfaction.

§ 7

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

  1. Courier delivery

  2. Shipment to a parcel locker - InPost. Available for a Product with small dimensions.

  3. Pickup in person (by appointment) available at the Store's address.

  1. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services, insurance) are indicated to the Customer in the Sales Agreement or by message, after determining the costs of Delivery.

  2. The customer can use the following payment methods:

  1. Payment on delivery (cash or card).

  2. Payment by bank transfer to the Seller's account.

  3. Payment by card using a payment gateway.

  4. Installment payment via a bank cooperating with the Seller (available in the Stationary Store).

§ 8

The right to withdraw from the contract

  1. If the Consumer purchases the Product outside a stationary store, he may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The notification of withdrawal from the Agreement in any other case (both for Entrepreneurs and Consumers) will be considered individually.

  3. Of 1 of this paragraph does not apply to Products that are services or orders, such as: electric vehicle rental, driving lessons, service and others, the partial performance of which results in a return less the part performed.

  4. Of 1 of this paragraph also does not apply to Individualized Products - i.e. Products with properties specified by the Consumer in the order placed by him or closely related to his person.

  5. The running of the time limit specified in sec. 1 begins from the date of delivery of the Product to the Consumer or a person designated by him other than the carrier, and in the case of a Product that is a service or order, from the conclusion of the Agreement.

  6. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.

  7. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the deadline specified in § 7 section 1

  8. The statement may be sent by traditional mail by sending the statement to the Seller's address - the Seller's contact details are specified in § 3.

  9. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.

  10. The effects of the Consumer withdrawing from the Contract concluded remotely within the period specified in paragraph 1 of this paragraph:

    1. In the case of a Distance Agreement, the Agreement is considered void.

    2. In the event of withdrawal from the Agreement by the Consumer, the Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return all payments made by him, including the costs of delivering the Product to the Customer, except for additional costs resulting from the selected by the Consumer, a delivery method other than the cheapest standard delivery method offered by the Seller. The item does not apply to the down payment, the return or lack of which is legally regulated in the Civil Code.

    3. The consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.

    4. The consumer bears the direct costs of returning the Product.

    5. The Seller will withhold the reimbursement until the Product is received back and its condition is checked.

    6. The reimbursement will be made by the Seller using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution that will not involve any costs for him.

    7. The Customer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product. This point is closely related to the provisions of the Product manual (if any), which specifies the intended use of the Product, conditions and method of its use.

  11. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

    1. Which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.

    2. Which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.

    3. For the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement.

    4. The subject of which are products whose price depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement.

    5. For which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.

    6. The subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.

    7. For the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed prior to the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement.

    8. The subject of which are products whose price depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement.


§ 9

Complaint and warranty

  1. The Sale Agreement covers new and used Products. The condition of each product is detailed. The customer should carefully read the description of the purchased Product.

  2. In the case of a new Product, the Seller is obliged to provide the Customer with a Product free from defects.

  3. In the case of a used Product, the Seller is obliged to inform the Customer about the existing defects of the Product.

  4. In the event of a hidden defect of the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty described in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.

  5. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.

  6. It is recommended to include in the complaint, among others a brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the Product defect.

  7. The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.

  8. Products sent as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.

  9. By submitting this complaint, the Customer acknowledges that the collection of the Product covered by the complaint at the place of submission of such complaint is possible within 14 days from the date of informing the Customer about considering the complaint.
    In the event of failure to pay for delivery to the Customer, or failure to collect the Product within the above-mentioned period, the Product will be redirected to the warehouse, where it will be stored on the basis of non-contractual storage of the Product, which will involve additional costs for the Customer.

  10. The amount for the storage of the Product will be calculated on the basis of the market price for the storage of goods of similar specificity. For electric vehicles equipped with batteries, the storage amount is high due to the special storage conditions, monthly checking of the battery charge status, and in the case of low voltage, the need to recharge the battery.

§ 10

Out-of-court ways of dealing with complaints and redress

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

  2. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

    1. The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.

    2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.

    3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 11

Personal data in the Online Store

  1. The administrator of personal data of Customers collected via the Store is the Seller.

  1. Customers' personal data collected by the administrator via the Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.

  2. The recipients of the personal data of the Store's customers may be: In the case of a Customer who uses the Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

  3. The customer has the right to access their data and correct them.

  4. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

  5. Additional information on the Principles of Personal Data Protection can be found in a separate document entitled "Privacy Policy", the content of which can be found at: https://sklep.shiftseven.pl/pages/polityka-prywatnosci


§ 12

Free services

The Seller declares that he / she provides the Customer, by electronic means, with the following free services:

  1. N ewsletter.

  2. Maintaining an Account with Clients.

  3. Posting your opinion.


§ 13

Final Provisions

  1. Agreements concluded through the Store are concluded in Polish, unless the Customer undertakes to translate the Agreement documents on his own, thanks to which he will understand their provisions and thus consciously accept them.

  2. The Seller reserves the right to amend the Regulations and related documents for important reasons.

  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.

  4. The offered delivery methods and shipping costs are directed to customers located in Poland.


Download - Agreement withdrawal form

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