Preliminary Provisions
The online store TyreFire, available at www.tyrefire.eu, is operated by Proergia Sp. z o.o., based in Kraków, ul. Mogilska 65, registered in the National Court Register by the District Court for Kraków - Śródmieście in Kraków, XI Commercial Division of the National Court Register under number KRS 0000606853, with a fully paid share capital of PLN 300,000.00, NIP (Tax ID): 527-27-62-577, REGON (Statistical ID): 363924125.
Definitions
- Consumer – a natural person who enters into an agreement with the Seller through the Store, where the subject of the agreement is not directly related to their business or professional activity.
- Seller – Proergia Sp. z o.o., based in Kraków, ul. Mogilska 65, registered in the National Court Register by the District Court for Kraków - Śródmieście in Kraków, XI Commercial Division of the National Court Register under number KRS 0000606853, with a fully paid share capital of PLN 300,000.00, NIP: 527-27-62-577, REGON: 363924125.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, legal entity, or organizational unit without legal personality, granted legal capacity by a separate law, conducting business activity on its own behalf, who uses the Store.
- Store – the online store operated by the Seller at www.tyrefire.eu.
- Distance Agreement – an agreement concluded with the Customer within an organized system for concluding agreements at a distance (within the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication until the agreement is concluded.
- Terms and Conditions – these terms and conditions of the Store.
- Order – a declaration of intent made by the Customer via the Order Form, aimed directly at concluding a Sales Agreement for the Product(s) with the Seller.
- Account – a customer account in the Store, where the Customer’s data and information about their Orders placed in the Store are collected.
- Registration Form – a form available in the Store that allows for the creation of an Account.
- Order Form – an interactive form available in the Store that enables the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Cart – a component of the Store's software where the selected Products for purchase are visible, and where it is possible to determine and modify the details of the Order, in particular the quantity of products.
- Product – a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – a contract for the sale of a Product concluded or entered into between the Customer and the Seller via the online Store. The Sales Agreement also covers – depending on the characteristics of the Product – a contract for services and a contract for a specific work.
Contact with the Store
- Seller's address: ul. Mogilska 65, 31-545 Kraków.
- Seller's email address: info@tyrefire.eu.
- Seller's phone number: +48 538 209 447.
- Seller's bank account number: 83 1050 1445 1000 0090 8045 0530.
The Customer can communicate with the Seller using the addresses and phone numbers provided in this section.
The Customer can contact the Seller by phone on business days from 09:00 to 16:00.
Technical Requirements
To use the Store, including browsing the Store's assortment and placing Orders for Products, the following are required:
- A device with access to the Internet and a web browser.
- An active email account.
- Enabled cookies.
- Installed FlashPlayer software.
General Information
- To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or the incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing the Store’s assortment does not require creating an Account. Placing Orders for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address details to enable the execution of the Order without creating an Account.
- For stores operating in PLN currency:
- The prices listed in the Store are in Polish zlotys (PLN) and include VAT (gross prices).
- The final (total) amount payable by the Customer includes the price of the Product and the delivery costs (including transport, delivery, and postal service fees), which the Customer is informed about on the Store’s pages when placing the Order, including at the moment of expressing the intention to be bound by the Sales Agreement.
- In the case of a subscription or service agreement for an indefinite period, the final (total) price is the total amount covering all payments for the settlement period.
- If the nature of the subject of the Agreement does not reasonably allow for the prior calculation of the final (total) price, information on how the price will be calculated, as well as the fees for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.
Creating an Account in the Store
- To create an Account in the Store, you need to complete the Registration Form. The following data is required: first name, last name, and email address.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by providing the login and password set in the Registration Form.
- The Customer may delete their Account at any time, without giving any reason and without incurring any fees, by sending a request to the Seller, particularly via email or in writing to the addresses provided in § 3.
Rules for Placing an Order
To place an Order, you must:
- Log in to the Store (optional);
- Select the Product to be ordered, then click the "Add to Cart" button (or equivalent);
- Log in or choose the option to place an Order without registration;
- If the option to place an Order without registration is chosen, fill out the Order Form by providing the recipient's details and the address for delivery, select the type of shipment (delivery method), and provide invoice details if they are different from the recipient's details;
- Click the “Order and Pay” button / Click the "Order and Pay" button and confirm the order by clicking the link sent in the email;
- Select one of the available payment methods and, depending on the method, pay for the order within the specified timeframe, as outlined in § 8 point 3.
Delivery and Payment Methods Offered
The Customer may use the following delivery or pickup methods for the ordered Product:
The Customer may use the following payment methods:
- Payment by bank transfer to the Seller's account;
- Electronic payments;
- Payment by credit card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Execution of the Sales Agreement
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The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
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After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is sent by the Seller to the Customer via an appropriate email to the email address provided during the Order. This email contains at least a statement from the Seller confirming receipt of the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
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If the Customer chooses payment by bank transfer, electronic payments, or credit card payment, the Customer is required to make the payment within 3 calendar days from the conclusion of the Sales Agreement – otherwise, the order will be canceled.
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The Product will be shipped by the Seller within 5 business days from the day the Seller’s account is credited (subject to clause 5 of this paragraph), in the manner chosen by the Customer during the Order placement.
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If Products with different delivery times are ordered, the delivery time is the longest indicated time.
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In the case of ordering Products with different delivery times, the Customer has the option to request partial deliveries or the delivery of all Products once the entire order is complete.
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The beginning of the Product delivery time to the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account is credited.
- If the Customer chooses cash on delivery – from the day of the conclusion of the Sales Agreement.
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In the case of ordering Products with different readiness times for collection, the readiness time is the longest indicated time.
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The beginning of the Product’s readiness for collection by the Customer is calculated as follows: if the Customer chooses payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account is credited.
Right of Withdrawal from the Agreement
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in paragraph 1 begins from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
- In the case of an Agreement covering multiple Products delivered separately, in batches, or in parts, the period specified in paragraph 1 begins from the delivery of the last item, batch, or part.
- In the case of an Agreement that involves the regular delivery of Products over a specified period (subscription), the period specified in paragraph 1 begins from taking possession of the first item.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the expiry of this period.
- The statement may be sent by traditional mail, fax, or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are provided in § 3. The statement can also be made on the form attached to the Consumer Rights Act of May 30, 2014, but this is not obligatory.
- If the statement is sent electronically by the Consumer, the Seller shall promptly send the Consumer a confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.
- Effects of Withdrawal from the Agreement: a. In the event of withdrawal from a distance contract, the contract is considered null and void. b. If the Consumer withdraws from the Agreement, the Seller will promptly, no later than 14 days from the date of receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller. c. The refund will be made using the same payment methods that the Consumer used in the original transaction, unless the Consumer has expressly agreed to a different method, which does not incur any costs for them. d. The Seller may withhold the refund until the Product is returned or until proof of its return is provided, whichever occurs first.
- The Consumer should return the Product to the Seller's address provided in these Terms and Conditions promptly, no later than 14 days from the day the Consumer informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
- The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it cannot be returned by regular mail.
- The Consumer is only liable for any diminished value of the Product resulting from handling it in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be provided in the Product description in the Store.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to Agreements: a. where the subject of the service is a non-prefabricated item made according to the Consumer’s specifications or serving to meet their individual needs, b. where the subject of the service is an item delivered in a sealed package which, after opening, cannot be returned for health protection or hygiene reasons if the packaging was opened after delivery, c. where the subject of the service is an item that is liable to deteriorate rapidly or has a short shelf life, d. for the provision of services where the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the provision of the service that they would lose the right to withdraw from the Agreement after the service was fully performed by the Seller, e. where the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and may occur before the withdrawal deadline, f. where the subject of the service is items that, after delivery, are inseparably combined with other items due to their nature, g. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of concluding the Sales Agreement, and their delivery can only take place after 30 days, and their value depends on market fluctuations beyond the Seller’s control, h. where the subject of the service is audio or video recordings or computer software delivered in a sealed package if the package was opened after delivery, i. for the delivery of newspapers, periodicals, or magazines, except for subscription agreements, j. for the delivery of digital content not stored on a tangible medium, if the performance began with the Consumer's express consent before the withdrawal deadline expired and after the Seller informed the Consumer about the loss of the right to withdraw from the Agreement.
Complaints and Warranty
- The Sales Agreement covers new Products.
- The Seller is obliged to deliver to the Customer an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
- It is recommended that the complaint includes, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer's data submitting the complaint, and the Customer's request related to the defect of the goods.
- The Seller will respond to the complaint request promptly, and if the Customer is a Consumer, no later than 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 justified.
- Goods returned under the complaint procedure should be sent to the address: ul. Nadwiślańska 79a, Gdańsk.
- If the Product has been covered by a warranty, the information about it, as well as its terms, will be provided in the Product description in the Store. The Seller will also attach a warranty card to the sold Product.
Out-of-Court Complaint and Redress Procedures
- Detailed information on the Consumer’s ability to use out-of-court complaint and redress procedures and access to these procedures are available at the offices and on the websites of local (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection, 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.
- The Consumer has the following examples of options for using out-of-court complaint and redress procedures: a. The Consumer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of December 15, 2000, on 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. b. The Consumer is entitled to apply to the Voivodeship Inspector of Trade Inspection, pursuant to Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings aimed at amicable resolution of the dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance to resolve a dispute between them and the Seller, using the free assistance of a local (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, Polish Consumers Association).
Personal Data in the Online Store
- The administrator of the personal data of Customers collected through the Online Store is the Seller.
- Personal data of Customers collected by the administrator via the Online Store is collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of the personal data of the Customers of the Online Store may be: a. In the case of a Customer who uses the delivery method of postal or courier services in the Online Store, the administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment on behalf of the administrator. b. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
- The Customer has the right to access the content of their data and to correct it.
- Providing personal data is voluntary, but failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude this Agreement.
Final Provisions
- Contracts concluded via the Online Store are concluded in the Polish language.
- The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e., changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any changes at least 7 days in advance.
- In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; and the Personal Data Protection Act.
- The Customer has the right to use out-of-court complaint and redress procedures. To this end, they may file a complaint via the EU's online dispute resolution platform available at the following internet address: http://ec.europa.eu/odr.