§ 1 General Provisions
The Terms and Conditions define the rules for making a purchase. The following terms have the meanings given to them in these Terms and Conditions:
a) Business days – all weekdays from Monday to Friday, excluding public holidays;
b) Customer – a person using the Store, who is an individual with full legal capacity (i.e., generally, someone who is over 18 years old), a legal entity, or an organizational unit without legal personality, to whom the law grants legal capacity;
c) Consumer – an individual performing a legal action not directly related to their business or professional activity (Article 221 of the Civil Code);
d) Customer Account – a collection of information about the Customer, as well as actions performed by the Customer within the Store (including: customer data necessary for the execution of placed orders, order history, data on the Customer’s preferences regarding selected features of the Store, data on payments and overpayments related to orders);
e) Terms and Conditions – these Terms and Conditions;
f) Store or online store – the online store operating at the address: 32-640 Zator, Staszica 21, managed by the Seller, through which the Seller offers goods to Customers;
g) Seller – LEMARPOL – WÓZKI WIDŁOWE SP. Z O.O. based in Zator at Staszica 21, 32-640 Zator, registered in the Entrepreneurs’ Register of the National Court Register for the Capital City of Warsaw XIV Economic Department of the National Court Register under KRS number 0000038980, with NIP number: 676-001-67-83 and REGON number: 001309700, with a share capital of 1,191,000.00 PLN (hereinafter referred to as: “Seller”), Tel: 33 875 29 03, email: czesci@lemarpol.pl;
h) Durable medium – a material or tool that allows the consumer or entrepreneur to store information directed personally to them in a manner that enables access to the information in the future for a period appropriate to the purposes for which the information is intended and that allows for the reproduction of the stored information in its unchanged form (Article 2, item 4 of the Act of May 30, 2014, on consumer rights, Journal of Laws 2014, item 827);
i) Goods – goods (items) available through the Store.
The prices listed in the Store do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a contract. Prices in the Store are given in Polish zlotys, gross (including any customs duties, VAT, and other taxes). These prices do not include the cost of delivery and payment – the amount of which is determined by the Customer when placing an order. The final price for a particular sales contract for Goods is determined during the process of submitting the offer (order), according to §3 section 1 and 2. The owner of the online store sells goods through the Internet via the website www.sklep.lemarpol.pl. Telephone orders are also accepted from Monday to Friday between 7:00 AM and 4:00 PM.
§ 2
Account Registration
In order to conclude a sales contract for Goods through the Store, Customers are required to create an appropriate Account.
The creation of the Customer Account is done by:
a) Completing the registration form available on the Store’s website (the form will appear after selecting the appropriate subpage of the Store or during the ordering process). It is required to fill in at least the fields marked as mandatory. These are: first and last name or company name, address, delivery address (if different), email address, phone number, and in the case of requesting a VAT invoice – also invoice details (especially the NIP number);
b) Accepting the content of the Terms and Conditions, including the “privacy policy and cookies policy.”
After completing the registration form, a confirmation email will be sent to the email address provided by the Customer. In case of problems with receiving the email, please check the SPAM folder of your email inbox.
The Customer can delete their account in the Store at any time by sending a request to the email address: czesci@lemarpol.pl.
The Customer can view the data within their Account and use the functionalities of the Store that depend on having an Account after logging in. Login is done by entering the correct login (the email address provided during registration) and password on the appropriate subpage of the Store. The Customer is obliged to keep the password confidential and not allow others to use their Account.
The Seller may delete a Customer’s Account in the event of a violation of the Terms and Conditions, especially when the Customer:
a) Provided false, inaccurate, or outdated information during registration on the online store, misleading or violating the rights of third parties;
b) Committed a violation of the personal rights of third parties through the online store, particularly the personal rights of other Customers of the online store.
In such a case, re-registration is not allowed.
The deletion of the Account does not affect the validity of previous legal actions performed by the Seller with the Customer through the Store.
§ 3
Placing Orders
The Customer can purchase Goods through the Store. To do so, the Customer should add individual Goods to the “cart” and then confirm their selection by clicking the appropriate option available on the Store’s website.
After confirming the list of selected Goods, the Customer should:
a) Specify the delivery method and payment method, as well as confirm the delivery address and the total price of the Goods (including VAT, any customs duties, and delivery and payment costs, if applicable);
b) Confirm the data collected in the Account, and in the case of Customers who are not logged in – provide the data specified in §2, section 1 above and accept the content of the Terms and Conditions, including the “privacy policy and cookies policy” (or log in);
c) Click “order and pay.”
Performing the actions referred to in sections 1 and 2 is equivalent to the Customer submitting an offer to the Seller to conclude a sales contract for the Goods placed in the cart, at the prices displayed by the system, including delivery costs, etc. (see section 2, letter a above).
Upon submitting the offer by the Customer in accordance with section 3, an email will be sent to the Customer containing written confirmation of the terms of the submitted offer (order).
The sales contract for the selected Goods between the Customer and the Seller is concluded at the moment the Seller accepts the previously received offer (order) – in the form of an email sent to the address provided by the Customer. This email should include a copy of these Terms and Conditions in the version accepted by the Customer and binding for the given order, as well as the information specified in section 2, letter a above.
The confirmation of submitting the offer (order) referred to in section 4 is not equivalent to the acceptance of the offer (order).
§ 4
Payment
The Seller offers the following payment methods:
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“Cash on delivery”
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Bank transfer
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Cash (in case of personal pickup)
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Prepayment to the account
The Customer should select the preferred payment method in the order form. The availability of certain payment methods may depend on the chosen delivery method.
The payment cost depends on the selected payment method. The Customer will be notified of the payment cost for a given Product before placing the order, in accordance with §3. Additionally, information about the current rates is also available at all times on the Store’s website.
Immediately after the sales contract for the Goods is concluded, the Seller will issue the Customer the appropriate VAT invoice or receipt (according to the Customer’s choice) and attach the document to the Goods.
In the case of payment via bank transfer, the payment should be made before the delivery of the Goods, and in the case of “cash on delivery” – at the moment of delivery of the Goods.
Bank transfers should be made to the Seller’s bank account number: 38 1090 1838 0000 0001 3092 8619.
Payment details (prepayment to the account) – LEMARPOL – WÓZKI WIDŁOWE SP. Z O.O., Staszica 21, 32-640 Zator, NIP: 676-001-67-83, Bank account number: PLN account: 38 1090 1838 0000 0001 3092 8619. In the transfer title, please include:
order number.
§ 5
Order Fulfillment and Delivery of Goods
The Seller will begin fulfilling the Customer’s order immediately after the sales contract for the Goods included in the order is concluded (in the case of “cash on delivery” payment) or immediately after the payment for the Goods is credited to the Seller’s bank account (in the case of a bank transfer).
The delivery method and the address where the delivery will be made should be specified by the Customer in the order form.
Possible delivery methods are:
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GLS POLAND
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Personal pickup at 32-640 Zator, Staszica 21
The delivery cost depends on: the selected delivery method and the selected payment method (for cash on delivery, the delivery cost is higher). The Customer will be informed about the delivery cost for a given Product before placing the order, in accordance with §3.
The order fulfillment time is the sum of the time required to hand over the shipment to the courier and the time it takes for the courier to deliver the shipment. The Seller commits to handing over the Goods to the courier within 1-3 business days from the moment the Seller confirms the acceptance of the order for fulfillment or the payment is posted. The time at which the Goods are delivered to the Customer by the courier depends on the chosen delivery method and is:
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1-2 business days – in the case of GLS courier delivery.
The Customer will be notified about the handover of the Goods for shipment via email.
If the order cannot be fulfilled within the time specified in section 5 above, the Seller may inform the Customer via email and refund the full amount paid to the Customer – unless the Customer agrees to extend the delivery time. This applies particularly to Goods that need to be customized to meet the specific needs of the Customer.
The address to which the goods are to be shipped must be within the territory of the Republic of Poland. The Seller does not fulfill deliveries outside this area.
§ 6
Liability for Defects
The warranty conditions for Goods are specified by the manufacturers of the goods or other guarantors in the warranty documents attached to the goods. Rights under the warranty should be exercised in accordance with the terms outlined in the relevant warranty document.
The Seller is liable for defects in the Goods under the terms specified in the generally applicable laws, including, in particular, the provisions on warranty for defects contained in Articles 556 and subsequent of the Act of April 23, 1964, the Civil Code (consolidated text: Journal of Laws of 2014, item 121).
Defects in goods (complaints) can be submitted, among other methods, using the contact form available on the website www.sklep.lemarpol.pl or in writing to the address: 32-640 Zator, St. Staszica 21.
In the content of the complaint submission, the Customer should, if possible, provide:
a) the invoice number issued for the product in relation to which the complaint is made;
b) a description of the defect, including, in particular: what the defect consists of, when it occurred;
c) what the Customer demands in relation to the complaint.
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The absence of any of the above elements in the complaint submitted by a Customer who is a consumer does not prevent the complaint from being processed. However, submitting complete documentation may speed up the process.
The Customer exercising rights under the warranty is obliged, at the Seller’s expense, to deliver the defective Goods to the Seller’s address at: 32-640 Zator, St. Staszica 21.
§ 7
Consumer’s Right of Withdrawal
A Customer who is a consumer may withdraw from the sales contract for the Goods without providing any reason. The withdrawal period expires 14 days after the day the Consumer takes possession of the Goods or the day when a third party, other than the carrier, indicated by the Customer takes possession of the Goods.
In the case of a contract covering multiple items that are delivered separately, in batches, or in parts, the withdrawal period expires 14 days after the day the Consumer takes possession of the last item or the day when a third party, other than the carrier, indicated by the Customer takes possession of the last item.
To meet the deadlines referred to in sections 1 and 2, it is sufficient to send the Seller a statement of withdrawal before the deadline expires.
Withdrawal from the sales contract for the Goods takes place by submitting an explicit statement to the Seller. This statement may be made using the form which is Annex 1 to these Terms and Conditions, but this is not mandatory.
In the case of withdrawal from the sales contract for the Goods by the Customer in the manner described in this paragraph:
a) The Customer should send the Goods back to the Seller at the address: 32-640 Zator, St. Staszica 21, without undue delay, and in any case no later than 14 days from the day they withdrew from the sales contract for the Goods. The deadline is considered met if the Customer sends the Goods before the 14-day period expires. The direct costs of returning the Goods are borne by the Customer.
b) The Seller will refund all payments received from the Customer, including the costs of delivery of the Goods (except for the additional costs resulting from the delivery method chosen by the Customer that is different from the cheapest standard delivery method offered by the Seller), without undue delay, and in any case no later than 14 days from the day the Customer withdraws from the sales contract for the Goods.
The Seller will make the refund using the same payment methods used by the Customer in the original transaction, unless the Customer has expressly agreed to another solution. In any case, the Customer will not incur any fees in connection with this refund.
The Seller may withhold the refund until the Goods are received or until the Seller receives proof of the Goods being returned, whichever occurs first.
The Customer is liable for any diminished value of the Goods resulting from using them in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the Goods.
The right of withdrawal referred to in this paragraph does not apply to the Customer in relation to contracts indicated in Article 38 of the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827), including contracts:
a) for the supply of goods that are not prefabricated, made according to the consumer’s specifications or serving to meet their individualized needs;
b) for the supply of goods that are perishable or have a short shelf-life;
c) for the supply of goods delivered in sealed packaging, which cannot be returned after the packaging is opened for health protection or hygiene reasons, if the packaging has been opened after delivery;
d) for the supply of goods that, due to their nature, are inseparably mixed with other items after delivery;
e) where the consumer expressly requested the entrepreneur to visit them for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur also provides services other than those requested by the consumer or delivers goods other than the spare parts necessary to carry out the repair or maintenance, the consumer has the right to withdraw from the contract concerning additional services or goods.
§8
Personal Data
By placing an order, registering an Account, or making a purchase in accordance with §2 and §3, the Customer consents to the processing of personal data provided on the order form for the purpose of fulfilling the Seller’s obligations arising from the contract with the Customer, as well as from these Terms and Conditions (including, in particular, for the shipment of goods, issuing invoices, and conducting ongoing correspondence).
The Customer may also consent to the processing of their personal data by the Seller for marketing purposes, as well as consent to receiving commercial information from the Seller via electronic means.
The administrator of the Customer’s personal data, provided in accordance with these Terms and Conditions, is the Seller – whose detailed information is provided in §1. The Seller processes the personal data of Customers solely in accordance with the provisions of the law, including in particular the Act of August 29, 1997, on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926, as amended; hereinafter: the Personal Data Protection Act) or these Terms and Conditions.
The Seller undertakes to take the necessary technical and organizational measures to protect the processed personal data.
In cases and under the conditions specified in the Personal Data Protection Act, including in particular in Articles 24 and 32-35 of the Act, the Customer has the right to access the content of their data and to correct or delete it.
In any case, the disclosure of personal data by the Customer is voluntary – with the exception that certain data is necessary for the Seller to fulfill the sales contract concluded through the Store.
The personal data of Customers may be shared with third parties if such a right or obligation arises from the provisions of the law.
§ 9
Technical Requirements, Prohibition of Unlawful Content, Complaints Regarding the Store’s Activities
The Seller provides the following services to Customers via the Store, free of charge, electronically (under the Act of July 18, 2002, on Providing Electronic Services, Journal of Laws 2002, No. 144, item 1204, as amended):
a) Providing access to the content of the Store
b) Entering into sales contracts for Goods with the Seller via the Store, under the terms specified in these Terms and Conditions.
To use the above services, the Customer must have: a device enabling internet connection with an operating system, an internet connection, necessary software (a web browser), and an email account.
The rules for storing cookies on the Customer’s devices by the Seller, as well as the Seller’s access to these cookies, are defined in the Cookie Policy, which is Annex 2 to these Terms and Conditions.
The Customer agrees not to post any unlawful content (e.g., comments) in the Store, especially content promoting violence or pornography, or content violating the rights of third parties. If the Seller receives an official notice or reliable information about the unlawful nature of content stored by the Customer, the Seller may block access to that content.
The Customer agrees to:
a) Not use the Store in a way that disrupts its operation, especially by using specific software or devices;
b) Not take actions such as sending or posting unsolicited commercial information (spam) within the Store;
c) Use the online store in a way that does not cause inconvenience to other customers or the Seller.
In case of dissatisfaction with the operation of the Store, the Customer has the option to submit a complaint via email to: czesci@lemarpol.pl. The Customer will be informed about the way the complaint is handled via email, within 14 days from its receipt by the Seller.
§ 10
Amendments to the Terms and Conditions
The Seller has the right to amend the provisions of these Terms and Conditions. In such a case:
a) Customers will be informed about the changes via email, to the address provided during registration – at least 7 days before the changes come into effect.
b) Customers will be asked to accept the changes to the Terms and Conditions upon their next login.
Failure to accept the changes to the Terms and Conditions is equivalent to the termination of the electronic services contract indicated in §9 of these Terms and Conditions, with immediate effect – subject to §10 section 3 below.
Amendments to the Terms and Conditions will in no way affect the rights acquired by Customers, and in particular, they will not affect the orders already placed – which will be fulfilled under the previous terms.
§ 11
Final Provisions
Final Provisions
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The law applicable to these Terms and Conditions, as well as to any contracts concluded in its performance (including, in particular, sales contracts for Goods), is Polish law.
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In the case of Customers who are Consumers, whose permanent residence is within the European Union (excluding Denmark), but outside the territory of the Republic of Poland – section 1 applies to the extent that it does not exclude the application of provisions in the country of the Consumer’s permanent residence, which cannot be excluded by contract (see Article 6 of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations [Rome I, OJ EU L 2008.177.6]).
Annex 1 to the Terms and Conditions – Template of the Withdrawal Form (this form must be completed and returned only in the case of wishing to withdraw from the contract)
Adresat: Lemarpol Wózki Widłowe Sp. z o.o. z siedzibą w Zatorze,
ul. Staszica 21 32-640 Zator
adres do doręczeń: Lemarpol Wózki Widłowe ul. Staszica 21 32-640 Zator
Ja/My(*) niniejszym informuję/informujemy(*) o moim/naszym odstąpieniu od umowy sprzedaży następujących rzeczy:
………………………………………………………………………………………………………………………………….
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Date of conclusion of the contract()/receipt()
Bank account number
First and last name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if the form is sent in paper version)
Date
(*) Strike out if not applicable.
Annex 2 to the Terms and Conditions – Cookie Policy
§1
This Policy defines the principles for the storage of information by the Seller and the Seller’s access to information already stored on the Customer’s Devices in the form of Cookies.
All terms defined in the Terms and Conditions retain their meaning also in the context of this Policy. Additionally, the following terms are given the meanings below:
a) Cookies – refers to data, in particular small text files, stored and kept on devices through which the Customer accesses the Store’s website.
b) First-party Cookies – refers to Cookies placed by the Seller, related to the provision of services electronically by the Seller through the Store.
c) Third-party Cookies – refers to Cookies placed by third parties, through the Store’s website.
d) Policy – this Cookie Policy, which constitutes Annex 2 to the Terms and Conditions.
e) Device – refers to the electronic device through which the Customer accesses the Store.
§2
The Seller uses Cookies to store information on the Customer’s Device or to access information already stored, according to the principles defined in this Policy.
The Seller uses the following types of Cookies:
a) Session Cookies: these are stored on the Customer’s Device and remain there until the browser session ends. The information stored is then permanently deleted from the Device’s memory.
b) Persistent Cookies: these are stored on the Customer’s Device and remain there until they are deleted. Closing the browser session or turning off the Device does not cause them to be removed from the Device.
The Seller’s use of Cookies does not cause any configuration changes to the Customer’s Device or the software installed on that Device.
§3
The Seller uses First-party Cookies for the following purposes:
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Verifying demand for its products and offered services.
The Seller uses Third-party Cookies for the following purposes:
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Informational purposes regarding products and services provided.
§4
The Customer has the option to limit or disable access to Cookies on their Device in the settings of their web browser or through service configuration – specifically, in such a way as to block the automatic handling of Cookies or to be notified each time a Cookie is placed on the Customer’s Device. Detailed information on the possibility and methods of handling Cookies is available in the software settings (web browser).
The Customer can delete Cookies at any time.
Limiting the use of Cookies may affect some functionalities available on the Store’s website.
