GENERAL TERMS AND CONDITIONS OF SALE OF THE ONLINE STORE
I. GENERAL INFORMATION
1. The following expressions used in the text of these General Terms and Conditions of Sale have the following meanings:
1.1. General Terms and Conditions of Sale – (hereinafter referred to as GTS) this document defining the rights and obligations of Oem24 Sp. z o. o. and Customers related to the purchase of Goods via the Online Store.
1.2. Online Store – is a website with the address www.oem24.pl (hereinafter referred to as the Online Store) run by the Seller.
1.3. Seller: Oem24 Sp. z o. o. with its registered office in Nowa Sól at ul. Inżynierska 8, 67-100 Nowa Sól, entered into the Register of Entrepreneurs under the number KRS 0000961208, with NIP: 9252136057, REGON: 521503278, phone number (68) 37 78 005, e-mail: firstname.lastname@example.org (hereinafter referred to as the Seller or OEM24 Sp. z o.o.).
1.4. Order form (Cart) – an electronic form available in the Online Store, by means of which the Customer specifies the terms of the Agreement in order to place an Order.
1.5. Order – Customer’s declaration of intent submitted via the Order Form, appropriate website applications, by phone or e-mail aiming directly at receiving the Offer.
1.6. Commercial information – information about displayed in the Online Store. Commercial information regarding the price and availability of the Good or Digital Content, at the stage before adding the Good or Digital Content to the Basket, does not constitute an offer within the meaning of the Civil Code, but only an invitation to start negotiations.
1.7. Offer – Price-term offer prepared by Oem24 Sp. z o. o. in response to the Customer sending an inquiry using the Form or by direct contact to Oem24 Sp. z o. o.
1.8. Inquiry – a function available on the Online Store website that allows directing to Oem24 Sp. z o. o. requests to prepare an Offer for Goods that are not normally available through the Online Store, or to prepare a sales offer on different price terms or regarding the cost of transport than those available to this Customer on the normal terms applicable to him in the Online Store.
1.10. Working days – days from Monday to Friday, excluding holidays referred to in the Act of January 18, 1951 on holidays.
1.11. API – the Seller’s software interface enabling the transfer of data from the Customer to the Seller in accordance with the API documentation, as part of the Product Database Sharing service.
1.20. Trade credit (Credit limit) – the amount of liabilities specified individually by the Seller for a given Customer who is an Entrepreneur, for which the Customer may pay after delivery of the Goods or Digital Content, on a deferred payment date individually specified by the Seller for a given Customer.
1.24. Data – data included in the Database, i.e. categories of Goods or Digital Content, indexes of Goods or Digital Content given by the Seller and the manufacturer, EAN code, name of the Good or Digital Content, stock levels of the Online Store, price, technical parameters, photos.
1.25. Discount code – a string of characters that allows you to reduce the price of the Good or Digital Content when shopping in the Online Store by the amount value assigned to the code. The purchase price after applying the code cannot be lower than PLN 1.23 including VAT. The discount code is granted to customers individually, e.g. as part of promotional campaigns. The discount code does not reduce the price of services offered in the Online Store, including transport services, prices of cutting services.
1.26. Goods – a movable thing. Whenever the GTS mentions Goods, it should also be understood as Goods with a digital element, unless the GTS clearly states otherwise. Goods that serve only as a carrier of Digital Content are treated as Digital Content within the scope of the rights of the Consumer and the quasi-Consumer Entrepreneur due to non-compliance of the service with the contract.
1.27. Goods with a digital element – Goods containing digital content or digital service or combined with them in such a way that the lack of digital content or digital service would prevent its proper functioning.
1.38. Digital content – data produced and delivered in digital form.
II. ACCEPTANCE OF ORDERS
2.1 Using the website www.oem24.pl. does not involve the User’s obligation to pay any fees to the Seller.
2.2 To purchase via the Online Store, it is necessary to:
2.2.1 Correctly complete the order form by:
a) selecting the type, quantity of Goods or Digital Content by clicking the “Add to Cart” button on the Online Store website,
b) if the Customer has a Discount Code, the Customer can use it in the help field of the form or in direct contact with the Seller,
c) providing correct personal data: “First name”, “Surname”, “Company name” and contact details: “Telephone”, “Your email”
d) providing the Data of the Goods for which the Customer wants to receive an Offer.
2.2.2 Confirmation of the will to receive the Offer prepared by Oem24 Sp. z o. o. by sending a correctly completed form to Oem24 Sp. z o. o.
2.3 Sending the form means:
2.3.1 confirmation by the Customer of the correctness of the Customer’s data and Product Data,
2.3.2 confirmation by the Customer of the will to receive the Offer prepared by Oem24 Sp. z o. o.
2.4 As soon as the form is sent to the Customer, a message is sent via e-mail to the address provided by the Customer when completing the form, with confirmation of sending the completed form to Oem24 Sp. z o. o.
2.5 Sending the completed form is associated with the acceptance of the GTCS at Oem24 Sp. z o. o.
2.6 Orders from the Buyer are accepted through the appropriate applications of the website, by phone or e-mail.
III. PURCHASE BY ACCEPTANCE OF THE OFFER
3.1 If the Customer receives an Offer in response to sending the application form, the Customer has the right to accept or reject the conditions presented in the Offer of Oem24 Sp. z o. o.
3.2 If the offer is accepted, the Customer accepts the terms and conditions of the GTCS. After ordering the Goods by the Seller, the Customer undertakes to purchase the Goods and is aware of the above. commitments.
3.2.1 Ordering the Goods by the Seller triggers binding procedures, to which the Customer, by accepting the Offer, gives his informed consent. more points 8 and 14.1.
3.2.2 A VAT invoice is issued for each order.
IV. PRICE AND STOCK OF THE ONLINE STORE
4.1 Price and stock of the Online Store as part of the Data provided on the Oem24 Sp. z o. o. do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to start negotiations. The price and information about the quantity of a specific Good or Digital Content, in response to the Customer’s request for data regarding this specific Good or Digital Content, addressed to the Database via the form, is presented to the customer in the price and time offer sent. The offer is valid for a period of 48 hours from the moment the Seller sends a response to a request for data regarding a specific Good or Digital Content, sent by the Customer in the form of a form to the Database.
V. PRICE AND PAYMENT METHODS
5.1 Prices in the Online Store are quoted as Net price, excluding value added tax. The prices presented in the Online Store do not include the cost of transport to the place indicated by the Customer. The cost of transport depends on the delivery option chosen by the Customer and established by the Customer in direct contact with the Seller. In the case of the purchase of cables or wires, the cost of the cutting service may be added in the amount specified in the Offer.
5.2 The price presented in the Online Store before adding the Goods or Digital Content to the Basket is only an invitation to start negotiations and may differ from the price presented in the Offer for Goods or Digital Content. The following circumstances affect the difference in price each time: quantity of Goods or Digital Content, value of the order, method of payment, current promotions, availability of Goods on the EU market. Regular Customers may also have the option of concluding Agreements on terms defined individually for them.
5.3 The Seller offers the following ways of paying the price:
5.3.1 Prepayment to the account – by bank transfer to the bank account indicated at the order confirmation stage sent to the Customer via e-mail.
5.4 The Customer pays the price:
5.4.1 before sending the Goods or Digital Content – using one of the payment methods described in point 5.3.1 of the GTCS,
5.4.3 if the Customer is granted a Trade Credit – after delivery of the Goods or Digital Content: a) by bank transfer to the account indicated in the order confirmation.
5.5 In the case of deferred payment under the granted Trade Credit, the payment deadline runs from the date of issuing the invoice.
VI. TERMS OF DELIVERY OF GOODS OR DIGITAL CONTENT
6.1 The place of fulfillment is specified by the Customer at the stage of placing the Order, to which the Seller undertakes to deliver the Goods or Digital Content recorded on a tangible medium via entities providing transport, courier or transport services.
6.2 The purchased Goods or Digital Content recorded on a tangible medium will be delivered to the place of fulfillment of the service referred to in section 6.1 via entities providing transport services or by specialized car transport, by courier or to a parcel locker indicated by the Customer.
6.3 The benefits and burdens related to the purchased Goods or Digital Content and the risk of accidental loss or damage to the Goods or Digital Content are transferred to the Customer upon delivery of the Goods or Digital Content at the place of fulfillment.
VII. OTHER PURCHASE TERMS AND CONDITIONS
7.1 In the case of purchases made with the Oem24 Sp. z o. o. excludes its liability for damages for delays and delays in the delivery of the Goods or Digital Content.
7.2 In the case of purchases made with the Entrepreneur Oem24 Sp. z o. o. excludes its liability for damages for lost profits.
7.3 The costs of collecting the Goods or Digital Content recorded on a tangible medium, including the costs of unloading from the means of transport, are borne by the Customer.
VIII. RIGHT OF WITHDRAWAL FROM THE PURCHASE
8.1 The Seller, on the basis of a unilateral decision, may grant the Customer the right to withdraw from the purchase/sale of the Goods without giving reasons if the Procedures listed in Section 3.2.1 have not been fully approved. On granting the entitlements, the customer is informed in direct contact.
8.2 The right to withdraw from the purchase after accepting the offer does not apply to:
8.2.1 Goods whose purchase is not possible by adding them to the Basket in the Online Store, but only as a result of receiving a separate Offer from the Seller in response to the Customer’s Inquiry,
8.2.2 goods covered by the promotion or being a prize in the promotion, in relation to which the right to withdraw from the contract will be excluded by the Seller in the description of the conditions of the given promotion,
8.2.3 Goods used in any way, damaged or soiled Goods or whose packaging is damaged or soiled.
8.3 The return of the Goods is at the Customer’s expense.
IX. RETURN OF CLAIMED GOODS
9.1 In the case of the return of the Goods complained about, the Seller returns to the Customer all payments received from the Customer, including the costs of delivering the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by the Seller), immediately and in any case case, no later than 30 days from the date on which the Seller was informed about the Customer’s decision to exercise the right to withdraw from the Agreement. The Seller will refund the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution; in any case, the Customer does not incur any fees in connection with this return.
9.6.2 If the Seller has not proposed to the Customer that he will collect the Goods himself, the Seller may withhold the reimbursement of the payment until receipt of the Goods or until the Seller is provided with proof of its return, depending on which event occurs first.
9.6.3 The Customer should send back or hand over the Goods to the Seller immediately, and in any case not later than 7 days from the date on which the Seller was informed about the return of the Goods. The deadline is met if the Customer sends back the Goods before the expiry of the 14-day period. The address for returning the Goods is determined each time through direct contact with the Seller.
9.6.4 The Customer bears the direct cost of returning the Goods. The amount of these costs, if the Goods, due to their nature, cannot be sent back by regular mail, is estimated at a maximum of PLN 662.65 (including VAT).
9.6.5 The Customer is only liable for a decrease in the value of the Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the Goods.
10.1 GENERAL PRINCIPLES
10.1.1 The Seller does not provide any warranty for the Goods it sells. In a given case, the guarantee may be provided by the producers of the Goods or their authorized representatives in Poland. In connection with the above, warranty rights should be exercised in accordance with the conditions stated on the warranty card or in the advertisement and in the service network indicated by the guarantor.
10.1.2 The guarantee does not deprive the Customer of the right to pursue claims against Oem24 Sp. z o. o. claims under the warranty for defects or claims for non-compliance of the Goods with the contract.
10.1.3 In order to simplify and speed up the complaint procedure, Oem24 Sp. z o. o. The Seller collects the defective Goods from the Customer at his own expense. The Customer will be informed each time by the Seller about the date and method of collection.
10.1.4 The Customer should prove the purchase from Oem24 Sp. z o. o. the advertised Goods or Digital Content.
10.1.5 The Seller will respond to the request received from you under the warranty for defects, non-compliance of the Goods and inform you about the method of considering the complaint in writing or via e-mail, if you have provided an e-mail address for this purpose.
11.1 The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims, in particular the consumer may use:
11.1.1 a permanent consumer arbitration court at the voivodship inspector of the Trade Inspection,
11.1.2 mediation proceedings conducted by the voivodship inspector of the Trade Inspection,
11.1.3 free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers),
11.1.4 platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform ) available at: http://ec.europa.eu/consumers/odr.
11.2 Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and redress as well as 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, Voivodship Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
XII. PROCESSING OF PERSONAL DATA (GDPR)
12.1. By placing an order in the Store, the Buyer agrees to place his personal data in the database maintained by OEM24 based in Nowa Sól for the purposes of the contract. Providing personal data by the Buyer and consent to their processing are necessary for the Store to complete the order. The buyer bears full responsibility for providing false or incomplete personal data and provides them voluntarily.
12.2. The buyer may agree to receive commercial information from OEM24 within the meaning of art. 10 sec. 2 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) to the e-mail address provided when placing an order in the Store. This consent also means consent to the processing of the Buyer’s personal data for marketing purposes.
12.3. The buyer has the right to supplement, update and rectify personal data, request temporary or permanent cessation of their processing, in particular if they are incomplete, outdated, untrue or have been collected in violation of the law, and the right to request cessation of their processing for marketing purposes (the right to be forgotten) .
12.4. All data provided by the Buyer are used only for the execution of the order, settling complaints or other rights related to these events under the law.
XIII. FINAL PROVISIONS
13.1 Oem24 Sp. z o.o. in its final resolution, it would like to draw attention once again to making informed purchases. The offer, due to the procedural mode of the supply chain, obliges the Seller to bear the costs in the event of a change in the decision to purchase by the Customer after ordering the Goods. In the above In this case, the Customer may not receive a refund for already ordered Goods.
13.2 The e-mail address provided by the Customer when completing the form is the address to which the Seller will send the Customer proforma invoices, invoices, correcting invoices and duplicates of the above. documents, information on the Customer’s obligations for the purchase of Goods and services from the Seller and requests for payment.
13.3 The Customer may change the e-mail address in order to receive the above-mentioned e-mails. documents at any time.
13.4 The GTCS applies only to legal transactions made after the date of its entry into force. The Seller’s publication of a new version of the GTCS does not affect the content of legal actions performed by Oem24 Sp. z o. o. with the Customer via the Online Store until the date of entry into force of the new GTS.
13.5 of the GTCS are valid from January 1, 2023.