TERMS AND CONDITIONS

THE SALE REGULATION OF AUTO- TECH PRODUCTS FOR INDIVIDUAL CUSTOMERS
IN FORCE SINCE 1ST JANUARY 2015

I.GENERAL INFORMATION AND DEFINITIONS

1. AUTO-TECH K. Lewandowski, Ł. Lewandowski based in Lublin at 2D Fabryczna Str., 20-301 Lublin, NIP 9462255176, called further AUTO-TECH, produces tubes, acoustic waveguides, covers and ready loudspeakers’ systems for different use which are sold on-line on www.horns.pl
2. Present regulation describes the rules of buying on-line on www.horns.pl and www.horns-diy.pl
products by AUTO-TECH and it is available on websites given above.
3. Present regulation is the one, about which it is said in art. 8 of the Act of offering services on-line, the date of its publishing means that presented version is applied for orders placed since this day till its renewed updating.
4. Information about products which are placed on the website www.horns.pl are not an offer in the meaning of Penal Code, it is only the invitation to enter into a contract according to art. 71 of Penal Code and they are the examples of possible configuration of devices selling by AUTO-TECH.
5. All goods selling by AUTO-TECH are factory new, free of physical and legal defects and are produced according to individual customer’s order by specific specification and non- fabricated elements.
6. Selling contract award is possible by phone, e-mail or post office.
7. Contract award is contained at the moment when the seller confirms making an order.
8. Definitions used in the regulation:

  • Customer/ Consumer- a person who does the legal activity with an entrepreneur, not directly connected with his job or business;
  • Producer/ Seller – AUTO-TECH K.Lewandowski, Ł.Lewandowski based in Lublin at 2D Fabryczna Str., 20-301 Lublin, NIP 9462255176;
  • Act of Civil Code dated on 23rd April 1964 , Journal of Laws nr 16 item 93 with further changes;
  • Act of Civil Proceeding- act dated on 17th November 1964,Act of Civil Code- Journal of Laws 2014.101 with further changes;

  • Act of Consumer’s Rights dated on 30th May 2015, Journal of Laws 2014, item 827;

  • Act of Provision of Offering Services on-line dated on 18th July 2002, Joural of Laws Nr 144, item 124 with further changes;

  • Act of Personal Data Protection dated on 27th August 1997, Journal of Laws Nr 133, item 883 from 1997 with further changes.
II.ORDERING AND ITS EXECUTION

1. The customer can contact the seller and order products in the following ways:

  • by the phone – the telephone number 0048 602 647 173;
  • by fax- the fax number 0048 81 441 84 79;
  • by e-mail- the mail address info@autotech.pl;
  • by post office- the address: 2D Fabryczna Str., 20-301 Lublin, Poland.

2. After making an order the specification and the price of device is individually settled with a customer by the available means of communication and also , the way of payment, time of execution and the way of delivery.

3. Because of the technical characteristics some of the means of communication, especially limited possibility of giving all information,after the consumer’s agreement, they can be saved and sent by e-mail on the address given in the order.

4. Execution of an order is comes after the approval of the specification, the price, the way of payment and delivery.

5. The seller reserves the possibility of refusal of executing the order which isdoubtful or contents in complete data.

6. The time of execution depends on the kind of the executed good, its specification and the expence which must be done but it cannot be longer than 30 days since taking the order.

7. Delivery of the product is included in the time of execution.

8. In substantiate cases the time of execution may be longer than it is described in item 6.

9. The seller sends the goods to the place indicated by the customer.

10. Carriage is counted separately and it is given during ordering.

11. The place of delivery is the one given by the buyer. The seller does not take any responsibility if the address of delivery is wrong.

12. The ordered goods are delivered by the transport company unless it is established differently.

13. The product is delivered to the first door that is the gate or outer door of the staircase unless it is established differently.

14. Seller takes responsibility for the harm caused by time delay or its bounce on the general principles according to standing regulations.

15. The buyer should check if the delivery is complete and if there are not any demages caused during the transport.

16. In the case the device has got any marks of using, demages or it is not compliant with the agreement, in order to establish whether the harm was caused during the transport or after taking the goods by the buyer, he should draw up the protocol of the damage in the presence of the haulier which is the proof that the harm was caused during the delivery and contact the seller to establish furter complaint.

III. PRICES AND PAYMENT

1. Prices are gross prices and they include the VAT tax according to binding tax regulations.

2. The way of payment is individually established with the customer, the seller accepts specially the following ways of payment:

  • money transfer- after placing the order the buyer gets the number of the bank account where money should be transfered; the execution starts after booking money on the seller’s bank account;

  • during receiving the goods- payment takes part during receiving the goods, in some cases AUTO-TECH reserves the rights to demand the advanced payment from the buyer to do the specific order.

3. In case of some kind of products AUTO-TECH reserves the rights to limit the ways of payment by limiting some kinds of payment and delivery.

IV. BACKING OUT OF A CONTRACT

1. Customer has got the right to back out of a contract in due time of 14 days without giving the reason according to rules described in the Act dated on 30th May 2014 about consumer’s rights.

2. Time of backing out of a contract expires after 14 days since the day the customer got ordered device or the other person different than the haulier and pointed by the customer owns the device.

3. To take advantage of the right to back out of a contract the customer has to inform AUTO-TECH in the way described in item II subsection 1 in the way of statement ( for example a document send by post or e-mail).

4. For keeping the date of backing out of a contract it is enough to inform about backing out of a contract before the expiration time.

5. In case of backing out of a contract the customer gets back all money including the costs of delivery goods ( except the additional costs coming out of chosen by the customer way of delivery different than the cheapest one offered by the seller), immediately and not longer than 14 days since the day AUTO-TECH was informed about backing out of a contract by the customer.

6. Paying back is done in the same way the customer paid for order products unless the customer agrees with another way. The customer does not pay any costs connected with payment back.

7. Seller can stop paying back money till receiving the goods or getting a confirtion of sending the goods depending on which was first.

8. The customer carries direct costs of backing out of a contract.

9. The customer should send back goods in original, undamaged packaging of the producer with instruction manual and all documentation added to minimize the possibility of damaging the goods during transport.

10. The customer responses for reduction the value of the product resultant from using it in different way than it was necessary to ascertain the characteristic and working of devices and takes responsibility for the loss or damage of them during transport.

11. Instruction about backing out of a contract- annex nr 1 to regulation and the form of backing out of a contract- annex nr 2 to regulation available on the webside of seller- www.horns.pl and added to each executed order.

12. Customer has got any rights to back out of a contract in cases specified in art. 38 of the Act of Consumer’s Rights, specially when:

  • the seller has done all the service after getting customer’s agreement who was informed before starting the service that after finishing it he would lose the right to back out of a contract ;

  • the object of service is a thing non- fabricated, which was produced according to customer’s specification or to satisfy his individual needs

V. GUARANTEE

1. All selling by AUTO-TECH devices are covered with guarantee according to the Guarantee Card added to each device or determined in the Civil Code and the guarantee starts at the moment of delivery the device to the customer.

2. The producer assures the customer of the high quality and proper working of the device in condition that the customer will use it in a proper way according to its purpose and proper service.

3. The producer obligates to remove physical harms of bought device or delivery the device free of harms in case when harms come out during lasting the guarantee period.

VI.WARRANTY

1. The seller is responsible for any defects decreasing the value or usefulness of the device according to the Civil Code or the Act of Customer’s Rights.
2. In case when customer had known or easily had been able to find out about defect at the moment of awarding the selling contract, the seller is excused from responsibility of warranty.
3. At the moment when the customer states the defect in the device, he has got the right to write the statement to claim about the reduction of the price or to back out of a contract unless the seller changes the device into new one or removes the defect in the reasonable time agreed with the customer.

VII. THE FINAL DECISIONS

1. The customer is obligated to know the regulation and accept its conditions.

2. The customer ,making an order, consents to process and save personal data according to the Act of Protection the Personal Data, specially to execute the selling contract, and for sending advertisements or other information about offered products.

3. The seller obligates to protect the customer’s personal data according to the Act of Protection the Personal Data.

4. Settling the possible arguments between the customer and the seller is given to the proper court according to the Civil Code.

5. In cases not included in the regulation, the Civil Code, the Act of Customer’s Rights and other acts of Polish law are used.


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