Regulations

Terms and conditions of the online store Smart Electro - electronics wholesaler. GSM phone parts, iPhone parts, electric vehicles, bicycles, batteries. Pszczyna, Silesia

defining, among other things, the rules of concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the Consumer's rights

The provisions concerning the Preferred Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal information
§ 11 Objections
Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS
Working days - days from Monday to Friday except for public holidays.
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge feature of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can create his individual account in the Store.
Buyer - any entity buying from the Store.
Privileged Buyer - a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur - an individual who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Regulations - these terms and conditions.
Store - online store Smart Electro - electronics wholesaler. GSM phone parts, iPhone parts, electric vehicles, bicycles, batteries. Pszczyna, Silesia run by the Seller at https://sklep.startrade.pl.
Seller - Entrepreneurs entered in the Central Register and Information on Business Activity, maintained by the minister responsible for the economy and keeping the Central Register and Information on Business Activity:

The owner of the service is M.P. Dystrybucja spółka z ograniczoną odpowiedzialnością, registered in the Central Register and Information on Business Activity, having the address of the main place of business: 11 Zuchów St., 43-200 Pszczyna address for delivery: 11 Zuchów St., 43-200 Pszczyna, NIP: 6381841081, REGON: 385826084, e-mail address: Export@startrade.pl, telephone number: +48 797 411 933

§ 2 CONTACT WITH THE SELLER
Postal address: 11 M. Zuchów street, 43-200 Pszczyna
E-mail address: export@startrade.pl
Phone: +48797411933

§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store you need:
a device with access to the Internet
a web browser that supports JavaScript and cookies.
For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE STORE
The prices of goods shown in the Store are the total prices for the goods.
The Seller points out that the total price of an order consists of the price for the goods indicated in the Store and, if applicable, the cost of delivery of the goods.
The goods selected for purchase should be added to the shopping cart in the Store.
The Buyer then selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and provides the data necessary to complete the placed order.
The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
The Seller will provide the privileged Buyer with a confirmation of the conclusion of the contract of sale on a durable medium no later than at the time of delivery of the goods.
The Buyer may register with the Store, i.e. create an Account therein, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS
An order placed may be paid for, at the Buyer's option:
by ordinary bank transfer to the Seller's bank account;
by payment card:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
Cash on delivery, i.e. cash on delivery of goods to the Buyer;
by card or cash at the time of personal collection of the goods.
If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
The Buyer, by purchasing from the Store, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER FULFILLMENT
The Seller is obliged to deliver goods without defects.
The order completion date is indicated in the Store.
If the Buyer has chosen to pay in advance for the order, the Seller will proceed to fulfill the order after it has been paid.
In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
Countries on the territory of which delivery is carried out:
Poland
European Union
Goods purchased from the Store are delivered depending on which method of delivery the Buyer has chosen:
Through a courier company
To parcel machines InPost
The Buyer may pick up the goods in person at the company's headquarters during its opening hours.
If the Buyer has chosen to pick up the goods in person, the goods will be ready for pick up on the indicated order completion date, and if the Seller has indicated a date for sending the goods - on that date.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The term to withdraw from the contract expires after 14 days from the day:
on which the Priority Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Priority Buyer came into possession of the goods;
on which the Privileged Buyer has taken possession of the last of the goods or on which a third party other than the carrier and designated by the Privileged Buyer has taken possession of the last of the goods in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.
In order for the privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer's choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise his right of withdrawal.
The Seller will refund the payment using the same means of payment that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees otherwise, in any case the privileged Buyer will not incur any fees in connection with the refund.
The Seller may withhold payment until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
The Seller asks to return the goods to the address: 11 M. Zuchów St., 43-200 Pszczyna immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiration of the 14-day period.
The privileged buyer shall bear the direct costs of returning the goods.
The privileged buyer shall be liable only for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be returned by ordinary mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
If a refund is required for a transaction made by a privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
for the supply of newspapers, periodicals or magazines, except for a subscription contract;
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS
In the event of a defect in the goods, the Consumer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee was granted.
Using the warranty, the Consumer may, under the terms and within the time limits specified in the Civil Code:
make a statement on price reduction,
with a material defect - make a statement on withdrawal from the contract,
demand replacement of the item with a defect-free one,
demand removal of the defect.
The Seller asks you to submit complaints on the basis of warranty to the postal or electronic address indicated in § 2 of the Regulations.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the expense of the Seller, to the address 11 Zuchów Street, 43-200 Pszczyna.
If the goods are additionally covered by a warranty, information about it, as well as its conditions, is available in the product description in the Store.
Complaints about the operation of the Store should be sent to the e-mail address specified in § 2 of the Regulations.
Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
the assistance of a locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance of the municipal or district consumer ombudsman;
the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA
The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the Privacy Policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
Seller's legal obligation related to accounting (Article 6(1)(c)), and
Vendor's legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
Buyer's data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller ceases to be in force;
there ceases to be a legal obligation on the Seller, obliging him to process Buyer's data;
the possibility of vindication of claims by the Buyer or the Seller, related to the contract concluded by the Store ceases;
Buyer's objection to the processing of his personal data will be accepted - in the case where the basis for data processing was the legitimate interest of the Seller
- whichever is applicable in a given case and which will occur at the latest.
The Buyer has the right to request:
access to his personal data,
their rectification,
deletion,
restriction of processing,
transfer of data to another administrator
as well as the right to:
object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 DISCLAIMERS
It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
Contracts concluded on the basis of the Regulations are concluded in the Polish language.
In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.
Any liability of the Seller in relation to a Buyer who is not a privileged Buyer, within the limits allowed by law, is excluded.
Liability under warranty against the Privileged Buyer is excluded.

Appendix No. 1 to the Terms and Conditions

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:

MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

MPD Distribution
11 Zuchów Street, 43-200 Pszczyna
e-mail address: export@startrade.pl

- I/We(*) ..................................................................... hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of contract(*)/acceptance(*)

..............................................................................................................................................................................

- Name of the Consumer(s)/Entrepreneur(s) privileged:

..............................................................................................................................................................................

- Address of the Consumer(s)/Entrepreneur(s) Privileged:

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in hard copy)
Date ............................................

(*) Delete unnecessary.

Terms and conditions of account

In the store Company store Smart Electro - electronics wholesaler. GSM phone parts, iPhone parts, electric vehicles, bicycles, batteries. Pszczyna, Silesia

The provisions of the Privileged Entrepreneur shall apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Information
§ 7 Disclaimers

§ 1 DEFINITIONS
Consumer - a consumer within the meaning of the Civil Code.
Account - a free-of-charge feature of the Store (service) regulated in the Terms and Conditions, thanks to which the Buyer can create his individual account in the Store.
Buyer - any entity buying from the Store.
Privileged Buyer - a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur - a natural person who enters into a contract with the Seller directly related to his/her business, but not of a professional nature for him/her (the definition is valid for contracts concluded from January 1, 2021).
Regulations - these regulations of the Account.
Store - an online store Smart Electro - electronics wholesaler. GSM phone parts, iPhone parts, electric vehicles, bicycles, batteries. Pszczyna, Silesia run by the Seller at https://sklep.startrade.pl.
Seller - Entrepreneurs entered in the Central Register and Information on Business Activity, maintained by the minister responsible for the economy and keeping the Central Register and Information on Business Activity:

§ 2 CONTACT WITH THE SELLER DEFINITIONS

Postal address: 11 Zuchów Street, 43-200 Pszczyna
Adres e-mail: export@startrade.pl
Telefon: +48797411933

§ 3 TECHNICAL REQUIREMENTS

For proper operation and establishment of an Account you need:
an active e-mail account
a device with access to the Internet
a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

Creating an Account is completely voluntary and depends on the Buyer's will.
An Account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of an order or editing the Buyer's data on his own.
In order to set up an Account, it is necessary to fill in the appropriate form in the Store.
At the moment of creating an Account, a contract is concluded for an indefinite period of time between the Buyer and the Seller for the maintenance of the Account under the terms and conditions indicated in the Regulations.
Buyer may without incurring any costs at any time resign from the Account.
In order to resign from the Account, one should send his resignation to the Seller at the e-mail address: export@startrade.pl, the effect of which will be immediate deletion of the Account and termination of the contract for the operation of the Account.

§ 5 COMPLAINTS

Complaints regarding the functioning of the Account should be sent to the e-mail address export@startrade.pl.
Complaints will be considered by the Seller within 14 days.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS.
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
2. the assistance of a locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
3. free assistance of the municipal or district consumer ombudsman;
4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks

§ 6 PERSONAL DATA

The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - "RODO".
The purpose of processing the Buyer's data is to maintain the Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer aimed at concluding such a contract (Article 6(1)(b) of the RODO), as well as the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) of the RODO).
Provision of data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the service of maintaining the Account.
Buyer's data will be processed until::
1. the Account is deleted by the Buyer or the Seller at the Buyer's request
2. the Buyer or Seller's ability to assert claims related to the Account ceases;
3. the Buyer's objection to the processing of his/her personal data is accepted - in case the basis of data processing was the legitimate interest of the Seller
  - whichever is applicable in a given case and which will occur at the latest.
The Buyer has the right to request:
1. access to his personal data,
2. their rectification,
3. deletion,
4. restriction of processing,
5. transfer of data to another administrator
  as well as the right to:
6. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the administrator).
In order to exercise their rights, the Buyer should contact the Seller.
If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 7 DISCLAIMERS

It is prohibited for the Buyer to provide unlawful content.
The Agreement for maintaining an Account is concluded in the Polish language.
In case of occurrence of important reasons referred to in paragraph 4, the Seller has the right to change the Terms and Conditions.
Important reasons referred to in paragraph 3 are::
1. the need to adapt the Store to the laws applicable to the Store's operations
2. improvement of security of the service provided
3. change of functionality of the Account requiring modification of the Terms and Conditions.
The Buyer will be informed of the planned change to the Rules and Regulations at least 7 days before the change comes into effect via e-mail sent to the address assigned to the Account.
In the event that the Buyer does not accept the planned change, the Buyer should inform the Seller by sending an appropriate message to the Seller's e-mail address export@startrade.pl, which will result in termination of the agreement for the operation of the Account as of the effective date of the planned change, or earlier if the Buyer makes such a request.
In a situation where the Buyer does not object to the planned change by the time it comes into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the agreement in the future.
In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court shall be the court having jurisdiction over the Seller's registered office.