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Terms and Conditions of the Online Store - www.etrucksystems.com

I. General Provisions

These Regulations define the general terms and conditions, the manner of providing Electronic Services and sales conducted through the Internet Store www.etrucksystems.com. The Store is operated by TruckSystems.pl S. z o.o. based in Rzeszów 35-317, Zakątkowa Street 10, registered by the District Court in Rzeszów, XII Economic Department of the National Court Register, KRS no. 0000871244, NIP 8133848236, REGON 387609037, with a share capital of: PLN 
100,000.00, hereinafter referred to as Seller.


Contact with the Seller is made through:

These Terms and Conditions are continuously available on the website www.etrucksystems.com, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.

The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus and firewall programs.

II. Definitions

The terms used in the Regulations shall mean:

Working days - these are days from Monday to Friday excluding public holidays;

Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;

Civil Code - the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

Account - a part of the Online Store assigned to a given Customer, through which the Customer can perform certain actions within the Online Store;

Consumer - a customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

Entrepreneur - Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

Regulations - this document;

Goods - the product presented in the Online Store, the description of which is available next to each product presented;

Contract of sale - Contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

Services - services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);

Electronic Services Act - the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.

In particular, the customer is obliged to:

IV. Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.

The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account or uses the "Remove Account" button.

The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter Service.

The Customer has the option to send messages to the Vendor using the contact form. The contract for the provision of the Service of providing an interactive form that allows Customers to contact the Vendor is concluded for a definite period of time and is terminated when the Customer sends a message.

The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.

The statements should be edited in a clear and understandable manner, moreover, they may not violate applicable laws, including the rights of third parties - in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.

By posting a statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as to the development of works within the meaning of the Law on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).

The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store's websites. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.

If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.

V. Procedure for conclusion of the Sales Agreement

Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, as defined in Article 71 of the Civil Code.

All Goods available in the Online Store are brand new, conform to the Agreement and have been legally introduced into the Polish market.

In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, it shall provide this information to the Consumer in each case, when placing an Order, taking into account the requirements imposed in this regard by data protection legislation.

The condition for placing an Order is to have an active e-mail account.

In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.

Placing an Order in the Online Store by sending an electronic message is done on the Business Days and hours indicated on the website of the Online Store. For this purpose, the Customer should:

Information on the total value of the Order, referred to in the paragraph above, is given each time by the Seller by informing by e-mail, together with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.

In the case of a Customer who is a Consumer, the Seller sends the Customer a confirmation of the terms and conditions of the placed Order each time after placing the Order via e-mail.

The Agreement is concluded when the Customer, who is a Consumer (in response to confirmation of the Order terms sent by the Seller) sends an e-mail to the Seller's e-mail address, in which the Customer: accepts the contents of the sent Order and agrees to its execution, and accepts the contents of the Terms and Conditions and confirms reading the instructions on withdrawal from the Agreement.

The contract of sale is concluded in Polish or English, with the content in accordance with the Regulations.

VI. Delivery

Delivery of the Goods is made to the address indicated by the Customer when placing the Order.

The customer can choose the following forms of delivery of the ordered Goods:

The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

The time limit for delivery and execution of the Order is calculated in Business Days in accordance with Section. VII item 2.

The seller provides the customer with proof of purchase.

If different lead times are stipulated for the Goods covered by the Order, the longest period among those stipulated shall apply to the entire Order.

VII. Prices and payment methods

The prices of the Goods are quoted in euros and include all components, including VAT, customs duties and other fees.

The customer can choose the following payment methods:

The Seller shall inform the Customer on the Store's website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. Entitlement to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.

The customer may formulate the statement himself or use the sample statement provided by the Seller on the Store's website.

The 14-day period shall be counted from the day on which delivery of the Goods took place or, in the case of a Service Contract, from the date of its conclusion.

Upon receipt of the Consumer's statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer's e-mail address.

The Consumer's right to withdraw from the Contract is excluded in the case of:

Other exceptions to the right to withdraw from the Agreement are indicated in Article 38(2) of the Law on Consumer Rights.

In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.

The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Consumer itself.

If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by the Consumer.

The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints about Goods under warranty

The Seller agrees to deliver the Goods in accordance with the Agreement.

The Seller shall be liable for non-compliance of the Goods with the contract under the terms of the Act on Consumer Rights to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when it follows from the content of the Contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The warranty against Entrepreneurs is excluded.

Complaints, resulting from the violation of the Customer's rights guaranteed by law or on the basis of these Regulations, should be addressed to TruckSystems.pl Sp. z o.o., 

Zakątkowa 10 Street, 35-317 Rzeszów, at the following e-mail address: service@etrucksystems.com. 

In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possibleattaching the proof of purchase. The Goods should be delivered or sent to the address indicated in item.

The seller undertakes to process each complaint within 14 days.

In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

X. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints may be submitted in writing to the address: TruckSystems.pl Sp. z o.o., Zakątkowa 10 Street, 35-317 Rzeszów, to the e-mail address: service@etrucksystems.com.

In the complaint, the customer should provide his name, mailing address, type and description of the problem.

The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI. Guarantees

Goods may have a manufacturer's warranty.

In the case of Goods under warranty, information on the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the web pages of the Store.

XII. Out-of-court ways of settling complaints and pursuing claims

A customer who is a Consumer has, among other things, the following options for using out-of-court means of handling complaints and claims:

XIII. Protection of personal data

The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Store's website.

XIV. Final Provisions

All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Terms and Conditions.

The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims do not apply.

Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the seat of the Seller.

In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.

Each Customer will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of them to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

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