TERMS AND CONDITIONS OF THE WEBSITE

TURBOJULITA

 

I. GENERAL PROVISIONS

1. The website operating at www.turbojulita. com is operated by Turbojulita Krzysztof Witek Sp. k. with headquarters in Wrocław, 2 Danuta Siedzikówny Street, 51-214 Wrocław, entered into the National Court Register by the Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number 0000688380, NIP: 8943110574, REGON: 367879025, e-mail address: biuro@turbojulita.pl.

2. The website allows you to find out more about the products in the product catalogue.

3. The Service operates under the terms and conditions set out in these Terms and Conditions.

4. These Terms of Service are addressed both to consumers and businesses using the site and determine the types and scope of services provided electronically by the site Turbojulita, the principles of the provision of these services, the conditions for the conclusion and termination of contracts for electronic services, the conditions for concluding a sales contract, as well as the procedure for complaints and withdrawal from the contract.

5. Every User is obliged to comply with the provisions of these Terms and Conditions as soon as he starts to use the Turbojulita Website.

6. The product catalogue presented on the website is for information purposes only and does not constitute an offer, but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

7. In matters not covered by these Regulations, the provisions shall apply:

a.  Civil Code;

b.  Consumer Rights Act of 30 May 2014.

c.  The Law on Copyright and Related Rights of 4 February 1994.

d.  Act on Providing Services by Electronic Means of 18 July 2002 and other relevant provisions of Polish law.

8. The Service Provider allows the use of the service and placing orders within the European Union, subject to the fact that orders from Consumers, where the place of delivery is outside Polish borders will be implemented only by personal collection of the Product by the Consumer at the address Danuta Siedzikówny 2, 51-214 Wrocław or its dispatch to the delivery address in Poland.

 

II. DEFINITIONS

1. PRICE INQUIRY FORM - a form available on the website of the service, enabling submission of a price enquiry for a specific product or a service quotation for a remanufacture.

2. CONSUMER - (i) a natural person who performs a legal action with the Seller which is not directly related to his/her economic or professional activity, or (ii) a natural person who concludes an agreement directly related to his/her economic activity, where the content of the agreement indicates that it is not of a professional nature for him/her, arising in particular from the subject matter of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Business Activity

3. ENTREPRENEUR - is a natural person, a legal person or an organisational unit which is not a legal person and which is granted legal capacity by the law, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

4. REGULATIONS - these regulations of the service located at the address wwww.turbojulita.pl/regulamin

5. SERVICE - the Service Provider's website operating at the address wwww.turbojulita.com., which contains a catalogue of products and makes it possible to submit a request for price or service quote.

6. SERVICE PROVIDER - Turbojulita Krzysztof Witek Sp. k. with registered office in Wrocław, 2 Danuta Siedzikówny Street, 51-214 Wrocław, entered into the National Court Register by the Wrocław-Fabryczna Court in Wrocław, 6th Commercial Division of the National Court Register under the number KRS 0000688380, with the share capital of 4,2000,200 - fully paid-up,: NIP: 8943110574, REGON 367879025, e-mail address: biuro@turbojulita.pl.

7. USER - a natural person of full legal age, a legal person or an organizational unit without legal personality, to which the law grants legal capacity and which uses the service.

8. ACCOUNT - is an individually made available panel within the service, marked with a name (login) and a password given by the User, in which the data given by the Customer and information about activities within the service are collected.

9. B2B ACCOUNT - is an individually accessible panel available on the website, marked with a name (login) and password given by the Entrepreneur, interested in purchasing Products in bulk, which collects the data given by him and the information about activities within the website

10. PRODUCT - a good in the Product Catalogue which may be subject to a sales agreement, including new or reconditioned parts.

11. SERVICE - provision of remanufacturing services for Goods delivered by the Customer (turbochargers, DPF and FAP filters, CommonRail injectors).

12. GOODS - items supplied by the Customer which are the subject of reclamation.

13. AGREEMENT FOR SALE - a distance contract of sale, on the terms set out in the Regulations, between the Customer and the Seller.

14. CONTRACT FOR REGENERATION - the contract for the provision of the Goods regeneration service concluded under the terms of the Regulations, between the Client and the Seller.

15. CUSTOMER - is a User with whom a Sales Agreement or a Regeneration Service has been concluded remotely, on the terms specified in the Terms and Conditions, between the Customer and the Seller.

16. WORKING DAY - a day from Monday to Friday covering the hours from 08:00 to 16:00 excluding public holidays.

17. SELLER - Turbojulita Krzysztof Witek Sp. k. with its registered office in Wrocław, 2 Danuta Siedzikówny Street, 51-214 Wrocław, entered into the National Court Register by the Wrocław-Fabryczna Court in Wrocław, VI Commercial Division of the National Court Register under the number KRS 0000688380, with the share capital of 4,200,200 - fully paid-up,: NIP: 8943110574, REGON 367879025, e-mail address: biuro@turbojulita.pl.

 

III. TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables all Users to use services provided electronically through the website free of charge by:

a.  browsing through the Product Catalogue with their description, use and illustrative photo,

b.  submitting a Product Price Inquiry from the catalogue on the Site and rejecting a price offer made by the Service Provider or placing an order.

c.  submitting an individual Request for quotation of the turbocharger overhaul service and rejecting the service price offer submitted by the Service Provider or placing an order.

d.  exchange when purchasing the Product.

e.  viewing blog content.

f.  for a B2B account - browsing the Product Catalogue and placing orders.

2. The Service Provider enables the Users to create an Account on the website free of charge.

3. Browsing the Product Catalogue, submitting Enquiries and viewing blog content does not require you to create an Account.

4. The service provider has the right to place advertising content on the website. Such content constitutes an integral part of the service and the materials presented therein.

 

IV. CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The contract for the provision of the service consisting in browsing the Product Catalogue, sending a Request for Price or Price Quote for the regeneration service, browsing the content on the blog, is concluded for a definite period of time and terminates as soon as the User stops using them or sending a request.

2. The contract for the provision of the service consisting in creating a user account is concluded for an indefinite period of time.

3. Viewing products on the website, sending a price enquiry or requesting a reconditioning quote does not require you to create an account.

4. Technical requirements necessary for cooperation with the tele-information system used by the Service Provider:

a.  a computer or mobile device with Internet access,

b.  access to e-mail,

c.  a web browser with cookies enabled,

d.  enable Javascript in your browser.

5. When filling in a registration form or a form requesting a product price or service quote, the User is obliged to provide only truthful and accurate data. Users are liable for damages resulting from their behaviour contrary to the provisions of the Regulations, in particular if they provide false personal data or use personal data of third parties, which may also result in criminal liability.

6. Users are also obliged to use the service in a lawful manner and not to infringe the rights of others, including intellectual property rights of third parties. It is prohibited to provide data of an unlawful nature and to introduce viruses and other elements into the service which could damage, destroy or have any other negative impact on the functioning of the service.

7. If, as a result of his/her actions, damage is caused to third parties, the User is obliged to satisfy all their claims against the Service Provider, which arise in connection with the User's actions inconsistent with the provisions of the Terms of Use and generally applicable law.

 

V. CREATING AN ACCOUNT

1. An account allows you to enter, save or modify your data, make or check your requests and view the history of your requests, place orders and its history, add, edit and save several addresses for product shipment, enter your own invoicing data, as well as use other functionalities reserved for registered users only.

2. A B2B account allows you to enter, save or modify your data, to have free access to the prices of Products and to view your order history, to place orders, to add, edit and save multiple addresses for product shipment, to enter your own invoicing data, and to use other functionalities reserved only for registered Users.

3. In order to enable the User - to create an account on the website, it is necessary to:

a.  complete the registration form available at www.turbojulita.com

b.  accept these Terms and Conditions and give the necessary consent by ticking the required check boxes in the form,

c.  click on the 'Register' button,

d.  Confirm your application by activating the link in the message sent to your e-mail address.

e.  for a B2B account - tick the box to request an account for a wholesale customer.

4. The Administrator reserves the right to restrict access to B2B 3. account registration only for verified and selected by him Traders, based on the data given in the registration form. In case of refusal to create a B2B account, the Trader is not entitled to any claims against the Administrator on this account.

5. As soon as the Service Provider grants the User access to the account, a contract for indefinite period of time is concluded for the provision of services by electronic means.

6. The service of creating an Account (including a B2B Account) is provided free of charge.

7. The User may at any time resign from his/her Account on the website by independently deleting his/her account on the website (if such functionality is made available) or by sending an appropriate request to the Service Provider by e-mail to the following address: biuro@turbojulita.pl.

8. The User is obliged to keep confidential the data authorising access to the Service Account in the form of login and access password and is not entitled to make such data available to third parties.

 

VI. CONDITIONS FOR SUBMITTING A PRICE ENQUIRY OR INDIVIDUAL QUOTATION FOR A RECONDITIONING SERVICE

1. To make an enquiry about the price of a product in the Catalogue you must:

a.  log in to your account or fill in a price enquiry form with the following data: name and surname, e-mail address, telephone number and accept the content of these Terms and Conditions as well as give the necessary consent by ticking the required boxes in the form, the so-called checkbox,

b.  select the product/s which are the subject of the price enquiry

c.  click on the cart symbol or "Add to request"

d.  click the "Request a quote" button

2. To request a quote for an individual reconditioning service please:

a.  log in to your account or fill in the price enquiry form with the following data: name and surname, company name, telephone, e-mail address accept the content of these Terms and Conditions and give the necessary consent by ticking the required boxes in the form, the so-called checkbox,

b.  provide the necessary information that is the subject of the price enquiry

c.  click the "Request a quote" button

3. The Service Provider shall immediately acknowledge the receipt of the enquiry and within 2 working days from submitting the enquiry provide the User with the price proposal of the product(s) concerned by the individual enquiry or with the quotation of the turbocharger overhaul. A link to the proposal is sent to the e-mail address provided in the enquiry form or to the registered User's account. In case of placing the enquiry on public holidays, the link with the offer shall be sent within the next two working days.

4. The link with the price proposal and its content is valid for 5 working days from the day it is sent to the User's e-mail address.

5. Placing an order by the User is tantamount to accepting a price proposal and concluding a contract.

6. The rejection of a quotation shall have no consequences for the User.

7. The price proposal for the reconditioning service is subject to change after delivery of the Goods by the Customer.

 

VII.EXCHANGE (RETURN OF DEPOSIT)

1. The possibility of exchange, and therefore the refund of the deposit, applies to Products purchased in the form of turbines or DPFs by Customers who have decided to return their old used turbines or DPFs to the Seller.

2. The essence of the exchange consists in the sale of a remanufactured or new Product by the Seller to the Customer with the simultaneous possibility of the Customer returning the owned, used/old turbine or DPF.

3. The return will be accepted by the Seller if all of the following conditions are met:

3.1. the returned turbine or DPF has the same or equivalent code as the purchased Product (the Product code is always indicated in its description on the Website);

3.2. delivery of the used/old turbine will be made within a maximum of 14 days from the date of purchase of the Product (delivery shall be understood as receipt of the used/old turbine or DPF by the Seller and not its shipment by the Customer); delivery of the DPF must be made to the Seller before placing the order.

3.3. the used/old turbine or DPF are free from significant/incapable of further mechanical damage, complete with factory fittings, without signs of disassembly, in addition DPF must not be substitutes of other manufacturers.

4. The used/old turbine or DPF can be delivered in person or by mail/courier to the Seller's registered office at ul. Danuta Siedzikówny 2, 51-214 Wrocław. In the content of the parcel, the order number of the Product to which the return is connected should be given.

5. If a turbine or DPF is received after the deadline or does not meet the requirements indicated above, the Customer will be duly informed of the situation. Verification will be carried out by Turbojulit within a maximum of 7 days after receipt of the used/old turbine or DPF.

6. When placing an order, the customer will be informed of the value of the deposit that will be paid to him if the return is accepted. The cost of delivering the used/old turbine or DPF to Turbojulit will not be refunded. KP4]

7. the deposit will be refunded within no more than 14 days from the date of the verification referred to in section 5 above, to the bank account of the Customer from which the payment for the remanufactured Product was made, unless another bank account is indicated by the Customer at the time of the refund. The date of the return is the date on which the amount of the return is debited from Turbojulita's bank account.

 

VIII. SALE OF A PRODUCT OR SERVICE

1. The moment the Order is placed is deemed to be the conclusion of the Contract (or the Remanufacturing Service), resulting in the obligation to pay.

2. The User confirms the acceptance of the price offer or places an order by selecting the button marked "Order with obligation to pay". The Seller sends confirmation of the conclusion of the contract of sale of the product or service to the e-mail address specified by the Customer.

3. The prices shown in the price list are in Polish zloty and are gross prices (including VAT). The final (final) amount to be paid by the User consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), which the User is informed about in the price proposal, including at the time of placing the order. In the event that the Customer decides on an exchange, a deposit will be added to the price in accordance with Section VII.

4. The customer agrees to the invoice being sent electronically to the email address provided in the order.

A. Sales

1. The Customer may use the following payment methods after concluding the sales contract for the Product(s):

A.  payment on delivery

B.  payment on delivery (only for deliveries within Poland).

C.  payment by bank transfer to seller's account

D.  individually agreed.

2. If the Customer chooses:

A.  payment by bank transfer, the Customer is obliged to make the payment within .... calendar days from the conclusion of the Sales Agreement - otherwise the order will be cancelled.

B.  payment on delivery, the Customer is obliged to make the payment on delivery.

C.  payment in cash upon personal collection of the consignment, the Customer is obliged to make the payment upon collection of the consignment.

B. Reclamation service

1. The Service applies to Goods supplied and owned by the Customer for repair and refurbishment (reconditioning) or Goods owned by the Seller

2. Delivery of goods subject to the service to the Seller is carried out by the Customer himself.

3. The purpose of the service is, depending on the condition of the Customer's goods, to try to bring them to a state of usability and functionality corresponding to a new product, taking into account that the spare parts may come from another manufacturer and stipulating that the spare parts used to perform the service are compatible with the intended use for the specific Goods.

5. The price proposal may change after the Goods have been delivered to the Seller and its technical condition and the scope of activities necessary for its regeneration have been verified. In this case, the Seller is obliged to inform the Client by phone and email about the price of the Service and obtain the Client's approval for additional costs before taking any actions.

6. In case of difficulties related to the valuation of the service, the Seller will contact the enquiring Customer by phone or e-mail.

7. The date of performance of the Service is indicated in the price proposal. If the deadline cannot be met, the Seller shall immediately inform the Client about this fact and indicate another date of performance.

8. The customer can use the following payment methods:

E.  payment in cash on delivery,

F.  payment on delivery (only for deliveries within Poland).

G.  payment by bank transfer to the seller's account.

9. If the Customer chooses:

D.  payment by bank transfer, the Customer is obliged to make the payment within .... calendar days from the conclusion of the Service Agreement - otherwise the regeneration order will be cancelled,

E.  payment on delivery, the Customer is obliged to make the payment on delivery,

F.  payment in cash upon personal collection of the consignment, the Customer is obliged to make the payment upon collection of the consignment.

 

IX. SUPPLY

1. Delivery takes place in Poland and for Customers who are not Consumers also in the European Union.

2. The Customer may use the following methods of delivery or collection of the ordered Product or remanufactured Goods:

a.  Inpost courier service,

b.  courier service DHL,

c.  personal collection available at the address: Turbojulita Krzysztof Witek Sp. k. 2 Danuta Siedzikówny Street, 51-215 Wrocław between 7 am and 4 pm.

3. The Product or remanufactured Goods are sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.

4. The start of the period for delivery of the Product or remanufactured Goods to the Customer shall be calculated as follows:

a.  If the Customer chooses to pay by bank transfer - from the date of crediting the Seller's bank account or after receiving confirmation of the transfer to the e-mail address of the Seller,

b.  If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.

5. The vendor indicates that:

1) at the moment of handing over the Product to the Client - Entrepreneur or to the carrier, benefits and burdens related to the Product and the Goods as well as the risk of accidental loss or damage to the Product and the Goods pass to the Client - Entrepreneur. In case of sale for the benefit of the Customer - Consumer, the risk of accidental loss of or damage to the Product or Goods passes to the Consumer at the moment of handover of the Goods to the Consumer. Delivery of the Goods shall be deemed its entrustment by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.

2) the Customer's acceptance of the consignment with the Product and Goods without reservation shall extinguish claims for loss or damage in transit unless:

a) the damage was ascertained by a protocol before receipt of the consignment;

b) such determination is omitted through the fault of the carrier;

c) the loss or damage is the wilful misconduct or gross negligence of the carrier;

d) damage that could not be noticed externally was noticed by the entitled person after accepting the consignment and within 7 days he/she demanded to establish its condition and proved that the damage occurred in the time between accepting the consignment for transport and its delivery.

6. The Client shall be informed by the Seller about the readiness of the Product or Goods for personal collection by sending an appropriate e-mail message to the e-mail address of the Client provided during the submission of the Offer Acceptance. Personal collection of the Product by the Client is free of charge.

 

X. WITHDRAWAL FROM THE CONTRACT

1. The consumer may withdraw from the Product Sales Agreement within 14 days without giving any reason.

2. The period set out in paragraph 1 shall begin from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.

3. The Consumer may withdraw from the Agreement by making a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the expiry of this deadline.

4. The statement may be sent by traditional mail by sending the statement to the Seller's address - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on consumer rights, but this is not obligatory.

5. Effects of withdrawal from the Agreement:

a.  In the case of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.

b.  In the case of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the items, except for additional costs arising from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.

c.  The reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to a different solution that does not involve any costs to him.

d.  The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.

e.  The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he communicated the withdrawal from the Agreement to the Seller. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.

f.  The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.

g.  The consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.

6. In the event that, due to the nature of the Product, it cannot be returned in the ordinary course of post, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store.

7. The right of withdrawal from a remote agreement does not apply to the Consumer in relation to the Agreement:

a.  where the object of the supply is a non-refabricated item produced to the Consumer's specification or intended to meet the Consumer's individual needs,

b.  in which the subject matter of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery,

c.  where the item to be supplied is perishable or has a short shelf life,

d.  for the provision of services if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the provision of the service that after the Seller's performance he will lose the right to withdraw from the Agreement,

e.  in which the price or remuneration depends on fluctuations in the financial market not controlled by the Seller and which may occur before the end of the period for withdrawal,

f.  in which the subject-matter of the supply is an item which is inseparable from other items after delivery,

g.  in which the performance object is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control,

h.  where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging was opened after delivery,

i.  for the supply of newspapers, periodicals or magazines with the exception of subscription contracts,

j.  for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the period for withdrawal and after the Seller has informed the consumer of the loss of the right to withdraw from the Agreement.

8. The right of withdrawal from the contract concluded outside the business premises or at a distance does not apply to the consumer in relation to the contract for the provision of regeneration services, if the Seller has performed the service in full with the express consent of the consumer who was informed before the performance, that after the provision of services by the Seller will lose the right to withdraw from the contract.

9. In the event that the consumer, having previously requested a regeneration service, subsequently exercises his right to withdraw from the contract, he shall be obliged to pay for the services performed by the Seller until the withdrawal from the contract.

 

XI. COMPLAINT PROCEDURE

1. Complaints related to the provision of electronic services by the Service Provider, the User may submit via e-mail to the address: reklamacje@turbojulita.pl or in writing to the Service Provider's address data.

a.  In the above-mentioned e-mail message, please provide as much information and circumstances concerning the subject matter of the complaint as possible, in particular the type and date of occurrence of the irregularity and your contact details. The information provided will significantly facilitate and expedite consideration of the complaint by the Service Provider.

b.  The Service Provider shall deal with the complaint immediately, no later than within 30 days of the notification.

c.  The Service Provider's response to the complaint is sent to the User's e-mail address specified in the complaint application or in another way specified by the User

2. A complaint related to the conclusion of a Sales Agreement or the regeneration Service, in the case of defects of goods purchased from the Seller or the performed service the Customer may submit based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.

3.  The complaint should be reported via e-mail to the following address: reklamacje@turbojulita.pl or in writing to the data of the Seller

4.  It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defective goods.

5.  The Seller will respond to the complaint request immediately, but no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request is justified.

6.  The Customer, who is a Consumer who exercises the warranty rights, is obliged to deliver the defective Product or Goods at the expense of the Seller to the address: Turbojulita Krzysztof Witek Sp. k. ul. D. Siedzikówny 2, 51-214 Wrocław.

7.  The returned Product should be complete, i.e. equipped with factory components and should be free of mechanical damage, in particular accidental damage.

 

XII. GUARANTEE

1. Notwithstanding the above, the Seller shall give warranty for the Products and for the turbocharger overhaul service as well as for the spare parts used for the overhaul.

2. The period and scope of the warranty, depends on the type of Product or service. The guarantee document is sent by the Seller together with the Product or reconditioned Goods. The right of guarantee for the Consumer is independent of the rights under warranty.

3. The procedure of return, within the framework of the granted guarantee, proceeds according to the rules described in the above chapter, with the reservation that the delivery of the product or Goods di Seller shall be at the expense of the Customer.

 

XIII. INTELLECTUAL PROPERTY

1. All the content of the website at www.turbojulita. com enjoy the protection provided by generally applicable laws, including copyright and related rights, as well as the Law on Intellectual Property.

2. The User shall be fully liable for any damage caused to the Service Provider as a result of using any content of the website www.turbojulita. com, without the consent of the Service Provider.

3. All trade names, product names, company names and their logos used on the website at www.trubojulita. com belong to their provider and are used for identification purposes only. All materials, descriptions and photographs presented on the website under the address www.turbojulita. com are used for information purposes.

 

XIV. LIABILITY

1. The Service Provider shall take all measures available to it to protect User data.

2. The Service Provider shall undertake actions in order to ensure fully correct operation of the website to the extent resulting from the current technical knowledge and undertakes to remove all irregularities reported by the Users within a reasonable period of time.

3. The service provider undertakes to inform the users, as far as possible, in advance of possible interruptions in the functioning of the service, in particular of interruptions in access

4. The Service Provider is not responsible in relation to Users who are not Consumers:

A.  for any direct or indirect damage or loss (including loss of business profits, business interruption or loss of business information and other damage of a pecuniary nature) arising from the use of, the inability to use, or the malfunctioning of the service software, damage caused by the shutdown or failure of the IT system, power failures,

B.  in connection with improper use of the website by the Customer who is not a Consumer and the malfunctioning of computer equipment, computer software or communication system by means of which the User connects to the website system,

C.  for any damage caused by errors, failures and interruptions in the operation of the service or caused by incorrect recording or reading of data downloaded by the recipients,

D.  for disruptions to the proper functioning of the service, as well as loss of data of non-consumers resulting from force majeure or third parties,

E.  for third party actions involving the use of data and materials published on the website contrary to generally applicable laws or these Terms of Use.

5. The Seller's liability to a Customer who is not a Consumer, regardless of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement for regeneration services, but no more than the amount of PLN 3,000. Turbojulita is liable towards the non-consumer Customer only for typical damages foreseeable at the time of conclusion of the agreement and is not liable for lost profits towards the non-consumer Customer.

 

XV. PERSONAL DATA

1 The personal data provided by Users shall be processed by the Seller in accordance with the applicable legal provisions, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, hereinafter: the "Regulation"). In particular:

2. The vendor shall ensure that these data are:

I.    processed lawfully, fairly and in a transparent manner for Customers and other data subjects;

II.   collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;

III.  adequate, relevant and limited to what is necessary for the purposes for which they are processed;

IV.  correct and updated as necessary;

V.   kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed;

VI. processed in a manner which ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures,

3. The Seller shall apply appropriate technical and organisational measures to ensure the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons;

4. The Seller shall ensure access to personal data and the exercise of other rights to the Customers and other data subjects in accordance with the applicable legal provisions in this respect.

The basis for the processing of personal data is the consent of the Customers or the occurrence of other prerequisites authorising the processing of personal data under the Regulation.

6. The Seller guarantees the implementation of the rights of persons whose personal data are processed under the principles arising from the relevant legislation, including the rights of such persons:

1 .a.a.  the right to withdraw consent to the processing of personal data;

1 .a.b.  the right to information concerning their personal data;

1 .a.c.  the right to control processing, including supplementing, updating, rectifying, erasing;

1 .a.d.  the right to object to processing or to restrict processing;

1 .a.e.  the right to lodge a complaint with a supervisory authority and to exercise other legal remedies to protect their rights.

7. The person having access to personal data processes them only on the basis of the Seller's authorisation or an agreement on entrusting the processing of personal data and only upon the Seller's instructions.

8. The Seller assures that he does not make personal data available to other entities than those authorized under applicable law, unless required by European Union or Polish law. Detailed rules of data protection applicable to the website are specified in the information clause.

 

XVI. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. Detailed information about the consumer's possibility to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website 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.

2. The consumer has the following examples of out-of-court complaint and redress procedures:

a.  The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.

b.  The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.

c.  A consumer may obtain free assistance in resolving a dispute between him and the Seller, using also the free assistance of a county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumer Association).

d.  The customer has the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

 

XVII. COOKIES

1. The Service Provider uses cookies on its website, i.e. small text files which the website or webpage sends to the User's device when he or she connects to the Internet via a computer or other device enabling Internet browsing. Cookies are stored in the memory of the device, so that when you visit the website or website again, their content will be displayed correctly

2. Cookies have many functions on the website, we use cookies, among other things, for the following purposes:

- adapting the website to users' preferences,

- make it easier for users to navigate and use the website,

- ensure high safety standards,

- to obtain anonymous data about how users use the site; data from technical and analytical files does not enable us to identify you personally, only if you fill in a loan form, data from analytical files combined with the data you provide may constitute personal data

3. On your first visit, the Service Provider asks for your consent to the use of cookies. Your Internet browser allows you to delete cookies. It is also possible to block cookies automatically. For details, please refer to the help or documentation of your Internet browser.

4. respecting the autonomy of all persons using the website, we inform you that not accepting cookies, i.e. disabling or restricting the use of cookies, may cause difficulties in using the website and may affect the way the content placed on the website is displayed and limit some of its functionalities.

5. The use of the website also involves sending requests to the server, on which the website is stored. Each query sent to the server is recorded in server logs. The logs include the User's IP address, date and time of the server, information about the web browser and operating system used by the User of the website. Logs are stored on the server

6. The data recorded in the logs are not associated with specific persons using the Site and are not used by the Service Provider to identify the User. In the event that the User fills in a loan application form, it is only possible to identify him

7. server logs are only ancillary material for the administration of the Site and their contents, except for persons authorized to administer the server

 

XVIII. FINAL PROVISIONS

1. Contracts concluded in connection with the use of the service as well as the conclusion of a contract of sale or provision of services are concluded in accordance with Polish law.

2. Users (including Clients) of the Service are subject to Polish law and to the exclusive jurisdiction of Polish courts.

3. Changes made to the Terms of Service by the Service Provider are binding for the User provided that the User was correctly informed about the changes and did not terminate the agreement for provision of services by electronic means within 14 days from the date of notification of the changes by the Portal to the Customer.

4. Any disputes arising between the Service Provider and the User shall be settled primarily by negotiation, with the intention of settling the dispute amicably. However, if this would not be possible or would be unsatisfactory for either of the parties, the disputes shall be settled by the competent Polish common court in accordance with point 5 of this chapter.

5. Judicial settlement of disputes:

a.  Any disputes arising between the Service Provider and the Customer who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964. (Journal of Laws No. 43, item 296 as amended).

b.  Any disputes arising between the Service Provider and a Customer who is not a Consumer shall be submitted to the competent court for the place of the Service Provider's registered office.

Annex 1

WITHDRAWAL FORM TEMPLATE
WITHDRAWAL FROM THE CONTRACT

[this form must be completed and returned only if you wish to withdraw from the contract].

 

Addressee:

Turbojulita Krzysztof Witek Sp. k. based in Wrocław,

Ul. Danuta Siedzikówny 2, 51-214 Wrocław.

I/We(*) hereby give notice of my/our(*) withdrawal from the contract of sale of the following products:

1 …………………………………………………………………………………………………

 

Date of contract(*)/acceptance(*) .…………………………………………………………..

Name of consumer(s) ………………………………………………………….....

Address of consumer(s) .………………………………………………………………………..

Bank account number to be refunded:……………………………………………………… .

 

Signature of consumer(s) ……………………………………………………………………….

[only if the form is sent in hard copy].

Date .……………………………………………………………………………………………..

 

(*) Delete as appropriate

---

 

INFORMATION OBLIGATIONS

 

 

Below you will find all the necessary information concerning the processing of your personal data in connection with the provision of services through www.turbojulita.com.

 

1. Administrator of your personal data.

The Administrator of your personal data is Turbojulita Krzysztof Witek Sp. k. based in Wrocław, 2 Danuta Siedzikówny Street, 51-214 Wrocław, entered into the National Court Register by the Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number 0000688380, with share capital of 4,200,000- fully paid up,: NIP: 8943110574, REGON 367879025, e-mail address: biuro@turbojulita.pl.

2. contact in matters related to the processing of my personal data.

The Administrator has not appointed a Data Protection Officer, but in all matters related to the processing of your personal data you can contact at the following e-mail address: biuro@turbojulita.pl.

3. Scope of personal data processing.

In order to establish and continue cooperation in the sale of our Products or provision of services for the regeneration of Goods, including maintaining an account through the service located at www.turbojulita.com, we need to process your contact and identification data, as well as data for financial settlements, in particular: name and surname, company data, correspondence data, telephone number, e-mail address, data for issuing NIP accounting documents and for executing payments, in particular bank account number).

4. Purpose and basis of processing

Purpose of processing	Legal basis
Establishing your identity or your company details prior to entering into a relationship with you (e.g. when you create an account with us or at the stage of making an enquiry and order), including establishing the place of delivery of our products, so that we can effectively fulfil the obligations imposed on us as part of our relationship.	Art. 6 ust. 1 lit. b oraz f RODO
We contact you at the e-mail address or telephone number you have provided, for example, to send you a price proposal in response to your enquiry, to confirm your order and delivery address, as well as for correspondence and ongoing contact in connection with your order or enquiry.	Art. 6 ust. 1 lit. b oraz f RODO
We process your data in order to handle enquiries and complaints submitted to the service, to inform you about its functionalities. We also conduct research and analysis in terms of website functionality and maintain its statistics. We process your data for the purpose of marketing the Administrator's own services and products. We process data within the service for the purpose of service security and prevention of fraud and abuse. The processing is also necessary for accountability purposes (fulfilling legal obligations)	Art. 6 ust. 1 lit. f RODO
As a data controller who is an entrepreneur, we have the right to assert claims from our business activities and thus process your data for this purpose.	Art. 6 ust. 1 lit. b oraz f RODO
As a business, we also keep accounts and are subject to tax obligations, such as billing for services we provide, which may involve the processing of your personal data.	Art. 6 ust. 1 lit. c  RODO w zw. z  art. 74 ust. 2 ustawy z dnia 29 września 1994 r. o rachunkowości.

 

In addition, if you agree - we will send commercial information to your email ( newsletter consent).

 

 

5. profiling.

We do not profile your data.

Who your personal data is passed on to.

We care about the confidentiality of your data. Due to the need to ensure proper organization, e.g. in the field of IT infrastructure or current issues concerning our activity as a company, as well as exercising your rights, your personal data as our customer may be transferred to entities cooperating with us, in particular IT companies - providing us with IT solutions and hosting, legal advisers, but also couriers.

Is your data transferred outside the European Union?

Due to the fact that we use other suppliers, e.g. IT solution providers, your personal data may be transferred outside the European Union, e.g. USA. Please be assured that in such a case, the transfer of data will only take place on the basis of an appropriate agreement between us and that entity, which includes standard data protection clauses adopted by the European Commission.

8. Period of Processing of Personal Data

If you are our customer or user of an account on our website, or you have contacted us with price requests, the data will be processed by us respectively for the duration of the service provision (having an account on our website) or order processing or sending a price proposal, after it has been completed or the order has been processed or the price proposal has been sent back, for the period of limitation of claims resulting from the provisions of the Civil Code.

Any data processed for accounting and tax purposes will be processed for 5 years from the end of the calendar year in which the tax obligation arises. In marketing activities or sending commercial information - data are processed until you withdraw your consent or raise an objection.

After the expiry of the aforementioned periods, your data is deleted or made anonymous.

9. Obligation to provide personal data

The use of our services is fully voluntary, however, we use the personal data provided to contact you in order to maintain your account on the website, to send you a price proposal for your enquiry sent to us and to process your order. In this case, failure to provide obligatory data may result in the refusal to register an account on the Platform and the impossibility to send a price proposal and place an order. If you are an entrepreneur also for accounting or tax reasons we are legally obliged to process your data, failure to provide such data may result, for example, in our inability to issue an invoice or personalised bill in your favour.

10. Your rights

As the controller of your data, we provide you with the right to access, rectify, request erasure or restriction of data processing, or to withdraw your consent to data processing.

You may also exercise the right to object to the processing of your data and the right to data portability to another data controller.

If you wish to exercise any of these rights - please contact us via the email address provided above.

We would also like to inform you that you have the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection, regarding the observance of personal data protection regulations

11. Definitions and abbreviations

RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.