Regulations and information for clients
§ 1 General provisions
(1) The following terms and conditions apply to all contracts that you enter with us as the Seller (MASTER-SPORT AUTOMOBILTECHNIK (MS) limited liability company, Branch office in Poland) via the website http: //www.anti-smog-stop-microbe .com. Unless otherwise agreed, your own terms and conditions of contract will not apply.
(2) A consumer within the meaning of the following regulations is any natural person who performs a legal transaction for purposes which can not be predominantly attributed to his business or independent professional activities. An entrepreneur is a natural person, a legal person or a partnership with legal capacity, carrying out a legal act in connection with its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) Our offers on the internet are not binding and do not constitute a binding offer to conclude a contract.
(3) You can make a binding purchase offer (order) via the online ordering system.
For this purpose, the goods intended for purchase are placed in the "basket".
Through the appropriate tab in the navigation bar, you can call the "basket" and make changes at any time.
After selecting the "cash" page and entering personal data, as well as the payment and delivery terms, all details regarding the order will be shown again on the order summary page.
Before sending the order, you can check, change any data (also using the browser function "back") and stop the purchase process.
Sending the order using the "order with obligation to pay" button means that you have submitted a binding offer to us.
(4) Acceptance of the offer (and at the same time the conclusion of the contract) takes place immediately after placing the order in text form (eg e-mail) in which you will be confirmed the acceptance of the order for delivery or delivery of goods (order confirmation). If you do not receive the right message, you are not bound by your offer. In this case, any benefits that have been fulfilled until now will be immediately returned.
(5) The implementation of the contract and the transfer of all information related to the conclusion of the contract of sale is by e-mail, partly in an automated manner. Therefore, you must ensure that the e-mail address provided is correct, the receipt of the message is technically assured and will not be blocked by the anti-spam filters.
§ 3 Right of retention, reservation of ownership
(1) You have the right to retain only if you have claims under the same contractual relationship.
(2) Until we pay the entire price for the goods, they remain our property.
(3) If you are an Entrepreneur, the following provisions apply additionally:
a) We retain ownership of the goods until all receivables from current transactions between the parties have been settled. Before the transfer of ownership, it is forbidden to establish or pledge the pledge on the commodity as collateral.
b) You can sell the goods in connection with your own business. In this case, however, under this speech you assign us all claims to you for the further sale of the goods, and we accept this claim. You are entitled to claim the above receivables. In the event of non-payment by you, we reserve the right to independently investigate the above receivables.
c) In the case of merging or mixing up the goods for which our property was reserved, we acquire a share in the joint ownership of the new thing, the amount of which is calculated as the ratio of the price indicated on the invoice for the goods for which our property was reserved to the value of other items at the time of their combination or confusion.
d) We undertake, at your request, to release the goods from the collateral they are entitled to, if their real value exceeds 110% of the value of the secured claim. We have the right to choose which securities will be released.
§ 4 Warranty
(1) The statutory rights for liability for defects apply.
(2) If you are an Entrepreneur, they shall apply differently from paragraph 1, the following provisions:
a) It is assumed that the property of things is only our own data and description of the manufacturer's product. On the other hand, it does not constitute other advertising, public assurances and manufacturer's declarations.
b) There is an obligation to immediately check the goods with due diligence in terms of quality and quantity deviations and to notify us of obvious defects within 7 days of the date of receipt of the goods in text form (eg by e-mail). To meet the deadline, it is enough to send information before its expiry. This also applies later to the hidden hidden defects of the goods since they were discovered. In the event of a violation of the obligation to inspect the goods and challenge the defects, the right to enforce warranty claims is excluded.
c) In the case of defects, as part of the warranty, we make the removal of the defect or replace it for something free from defects. If the removal of the defect is unsuccessful, you may, according to your choice, demand a price reduction or withdraw from the contract. After the second unsuccessful attempt to remove the defect, it is considered that the removal of the defect has failed if nothing else results, in particular, from the nature of the item or defect or other circumstances. In the event of a defect being removed, we are not obliged to incur higher costs that arise in connection with the delivery of the item to a place other than the place of performance, provided that the delivery is not consistent with the intended use of the product.
d) The warranty right expires one year after delivery of the goods to you. The shortened time limit for the award of rights under the warranty does not apply in the event of damage to us due to loss of life, bodily injury or health disorder, as well as caused by gross negligence or willful misconduct or deception of the seller. It does not apply in the case of recourse claims under §§ 478, 479 BGB (German Civil Code).
§ 5 Responsibility
(1) We are not responsible for damages related to loss of life, bodily harm or causing health disorder. In addition, we do not respond in all cases to the intent and gross negligence of the user.
(2) Responsibility for defects under the statutory warranty is set out in the appropriate entry in the information to clients (Part II) and regulations (Part I).
(3) In matters of material contractual obligations, our liability in the event of normal negligence is limited to foreseeable damages that are typical of the contract. Significant contractual obligations are important obligations that result from the nature of the contract and the violation of which would endanger the achievement of the contract's purpose, as well as obligations that the contract imposes on us based on its content to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible and whose fulfillment you can usually expect.
(4) In the event of a breach of negligible contractual obligations, liability in the event of ordinary negligence is excluded.
(5) According to the state of the art, it can not be ensured that data transmission via the internet is error-free and / or permanently available. As a result, we are not responsible for the continuous and uninterrupted availability of the website and the services offered on it.
§ 6 Choice of law, place of performance of the contract, local jurisdiction of the court
(1) The contract is subject to Polish law. In the case of the consumer, the choice of law applies only to the extent that it does not violate the protection granted to the consumer under the regulations in force at his place of residence, which can not be excluded by contract (principle of privileging more favorable provisions).
(2) If you are not a consumer, but a trader, a legal entity governed by public law or a separate legal and proprietary property, the place of performance of the contract is our registered office, and the court competent for resolving disputes is the common court having jurisdiction over our registered office.
The same principle also applies if the competent court in accordance with the provisions on general jurisdiction will not be a court in Poland or in the European Union or if the place of residence or permanent place of residence at the time when you file your claim is unknown. This does not affect the right to choose another court that would be locally competent under the law.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
§ 6 Protection of personal data
(1) The administrator of your personal data is
a) MASTER-SPORT Automobiltechnik (MS) GmbH, Leopoldstr. 244, 80807 München hereinafter referred to as the Administrator. The administrator conducts the processing of your personal data. The data administrator is the Management Board of the Company entered into the RB under number HRB 144673
b) Master-Sport-Automobiltechnik (MS) Sp. z o.o. Branch in Poland, 11 November 74, 38-300 Gorlice, hereinafter referred to as the Administrator. The administrator conducts the processing of your personal data. The data administrator is the Management Board of the Company entered into the National Court Register under the number KRS 0000407488
c) Master-Sport-Automobiltechnik (MS) Production-Distribution Center Wiesław Rutka, 11 November 68, 38-300 Gorlice, hereinafter referred to as the Administrator. The Administrator conducts the processing of your personal data. The data administrator is an Entity entered into CEDG under REGON number 490011410.
(2) In matters related to your data, please contact the Data Protection Officer, e-mail: email@example.com
(3) Your personal data will be processed for the purpose of the contract and will be made available only to authorized recipients (eg bank, insurance, forwarding company, courier) (Article 6 paragraph 1 point c of RODO) The basis for the processing of your personal data is a declaration of will or a civil law contract.
(4) Your personal data will be processed for marketing and information purposes and will be made available only to authorized recipients for their implementation. The basis for the processing of your personal data is a declaration of will or a civil law contract.
(5) Your personal data processed up to: withdrawal of will statement / termination of the contract / deactivation or deletion of account
(6) Providing personal data is necessary to conclude a contract - in the absence of data it is impossible to conclude a contract.
(7) You have the right to:
a) require the Administrator to access their personal data, rectify them, delete or limit the processing of personal data
b) object to such processing of personal data transfer
c) submitting a complaint to the supervisory body in writing of the withdrawal of consent at any time to the processing of personal data. Withdrawal of consent does not affect the lawfulness of the processing of data which was carried out prior to withdrawal of consent.
(8) Your personal data is not subject to automated decision-making, including profiling, and will not be transferred to third countries.
(9) Your personal data will be stored by the Administrator of Personal Data.
II. Information for clients
1. Seller's identity
MASTER-SPORT AUTOMOBILTECHNIK (MS) spółka z o.o. branch in Poland
ul. 11 Listopada 74
Phone: +48 18 35 35 475
Fax: +48 18 35 38 330
Alternative dispute resolution:
The European Commission provides a platform for out-of-court dispute resolution ("ODR platform"), available at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
Technical activities comprising the procedure of conclusion of the contract, the conclusion of the contract itself and information on the methods and technical measures used to detect and correct errors are regulated in § 2 of our regulations (part I).
3. Contract language, recording of the text of the contract
3.1. The language of the contract is Polish.
3.2 The text of the contract is not saved by us. Before placing an order using an online basket, you can print out the text of the contract using the browser's print function or save it electronically. After receiving the order, the content of the order, information required by law in the case of distance contracts with the consumer and regulations will be sent to you in the form of an e-mail.
4. The main characteristics of goods or services
Significant features of the goods and / or services are given in the offer.
5. Prices and methods of payment
5.1 The prices and shipping costs provided in the offers are final prices. They contain all price components, including all applicable taxes.
5.2. Prices of goods do not include the costs of their delivery, specified in a properly described tab on our website or in the description of the product. You can call them using a properly labeled button on our website or in a given offer, they are shown separately during the ordering procedure and should be additionally added if you have not declared delivery with free shipping.
5.3 Available payment types shown under an appropriately labeled button on our website or in a given offer.
5.4. If nothing else results from a given payment method, payments related to the concluded contract become immediately due.
6. Delivery terms
6.1 The terms, time and limitations of delivery in a given case can be found under a marked button on our website or in a given offer.
6.2 In the event that you are a Consumer, in accordance with the regulations, the risk of accidental loss or accidental damage to the sold items during shipping passes to you only when you give the item, regardless of whether the shipment was insured or not. This rule does not apply if you have independently selected the carrier from the delivery options offered by us or you have ordered the delivery of goods to another person.
If you are an Entrepreneur, the delivery of goods takes place at your risk.
7. Statutory responsibility for defects
7.1 Our liability for defects in the goods is specified in the "warranty" regulation in our regulations (part I).
7.2 As a consumer, you will be asked to check the goods immediately upon delivery for completeness, visible defects and damage during transport. Please also inform us and the carrier as soon as possible about any reservations. Even if you do not comply with these requests, it will not affect your statutory warranty claims.
The above regulations and information for clients have been prepared by lawyers specializing in Internet law and are constantly checked for compliance with the law. Händlerbund Management AG guarantees the legal security of this text and assumes responsibility in the case of related proceedings. Detailed information can be found at: http://www.haendlerbund.de/agb-service.
last update: 23.01.2017
The right to withdraw from the contract for the consumer
(A consumer is any natural person who performs a legal act for purposes which can not be predominantly attributed to his business or independent professional activity).
Instructions for withdrawal from the contract
The right to withdraw from the contract
In connection with the conclusion of a distance contract - in accordance with the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
You have the right to withdraw from this contract within 14 days without giving any reason without incurring costs, except for the costs indicated below:
The deadline to withdraw from the contract is 14 days from the day
- in which you came into possession of the goods or in which a third party other than the carrier and indicated by you came into possession of the goods, if you ordered one or several goods under one order and they are / are delivered in one shipment;
- in which you acquired the last of the goods or in which a third party other than the carrier and indicated by you came into possession of the last of the goods, if you ordered many goods under one order and they are delivered separately;
- in which you have acquired the last lot or part or in which a third party other than the carrier and indicated by you came into possession of the last lot or part if you ordered the goods, which is delivered in lots or pieces;
To exercise your right of withdrawal, you must inform us (Master-Sport-Automobiltechnik (MS) Sp. Z o. O. BRANCH IN POLAND, 11 Listopada 74, 38-300 Gorlice, firstname.lastname@example.org, tel. +48 18 35 35 475, Fax +48 18 35 38 330) by an unequivocal statement (for example, a letter sent by post, fax or e-mail) about its decision to withdraw from this contract. You can use the model withdrawal form, but it is not mandatory.
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we return all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we received information about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this return.
We can withhold the refund until we receive the goods or until we have proof of their return, depending on which event occurs first.
Please send or return the goods to us immediately, and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days.
You will have to bear the direct costs of returning items that can be sent back in the usual way by post, as well as the cost of returning items that can not normally be sent back by post. The amount of the cost of returning goods that can not normally be sent back by post is estimated at a maximum of about EUR.
You are only responsible for the reduction in the value of goods resulting from the use of them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or expiration of the right of withdrawal
The right to withdraw from the contract is not payable in the case of contracts:
for delivery of non-prefabricated goods for which the production is important individual choice and specification of the consumer or goods that are clearly tailored to the individualized needs of the consumer;
for delivery of goods subject to quick deterioration or having a short shelf-life;
for delivery of alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and delivery of which may take place only after 30 days from the conclusion of the contract and whose value depends on fluctuations in the market over which the entrepreneur has no control;
for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
The right of withdrawal expires prematurely in the case of contracts:
for delivery of sealed goods which, due to health or hygiene reasons, are unsuitable for returning if the sealing has been removed after delivery;
for the delivery of goods which, after delivery, due to their nature, are inseparably connected with other items;
for delivery of sound or visual recordings or computer programs delivered in a sealed package, if the sealing has been removed after delivery.
A model withdrawal form
(this form should be filled in and returned only if you wish to withdraw from the contract)
- Addressee: Master-Sport-Automobiltechnik (MS) Sp. z o.o. BRANCH IN POLAND ul. 11 Listopada 74 38-300 Gorlice, email@example.com, tel. +48 18 35 35 475, Fax +48 18 35 38 330:
- Ja / My (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following goods (*) / for the provision of the following
- Order date (*) / receipt (*)
- Name and surname of consumer (s)
- Consumer (s) address
- Signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as applicable.