§ 1 Definitions

1. Regulations – these Regulations, defining the principles for the conclusion of distance sales agreements through the Online Store, the principles for the execution of these agreements, the rights and obligations of the parties to the Distance Sales Agreement and the principles of the complaint procedure. As far as services provided electronically are concerned, the Regulations are respectively the rules and regulations referred to in Article 8 of the Electronic Services Act.

    

2. Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the Act grants legal capacity, who concludes a Distance Sales Agreement with the Seller.

    

3. Consumer – a consumer within the meaning of Article 22 1 of the Civil Code. According to the statutory definition: a Consumer is a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

    

4. A natural person conducting a sole proprietorship making a purchase of a non-professional nature – a natural person concluding a Sales Agreement at a distance directly related to his/her business activity, when the content of this agreement shows that it is not of a professional nature for this person, arising 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, to which the law grants the right to: to withdraw from the contract under the rules granted to Consumers, to apply the provisions on prohibited clauses used in contract templates and concerning liability under warranty for defects of the sold thing.

    

5. Seller:
   RAYO Sp z .o.o,
   tel. 605989585,
   sklep@rayo4x4.pl,
   NIP 8961428281,
   REGON 020483945.

    

6. Address of the Seller’s registered office:
   KRZYWOUSTEGO, 82-86,
   51-166 WROCŁAW.

    

7. Online Store – Internet service operated by the Seller, available at the following electronic addresses: rayo4x4.pl through which the Client may obtain information about the Goods and their availability and buy Goods or order service.
8. Distance sales contract – a contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded through the Online Store.

    

9. Goods – a movable item that the Customer may purchase from the Online Store.

    

10. Privacy and Cookies Policy of the Online Store – a document specifying detailed rules for processing personal data and the use of cookies. The privacy and cookies policy constitutes Appendix No. 3 to the Terms and Conditions and is available at 
    https://rayo4x4.pl/pol-privacy-and-cookie-notice.html.

     

11. Durable medium – means a material or tool that allows the Customer or the Seller to store information addressed personally to the Customer in a manner that allows access to the information in the future for a period of time appropriate to the purposes the information serves and that allows the stored information to be reconstructed unchanged, in particular, e-mail.

     

12. Electronic order form – an electronic ordering procedure made available by the Seller to the Buyer.
13. Electronic return form – electronic procedure for making returns made available by the Seller to the Buyer; available at  https://rayo4x4.pl/client-orders.php?display=returns.

     

14. Electronic complaint form – the electronic complaint procedure made available by the Seller to the Buyer; available at  https://rayo4x4.pl/client-orders.php?display=rma.

     

15. Sending an order – approval of an order by clicking the “Order and pay” button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.

     

16. Account – a set of data stored in the Online Store and in the Seller’s ICT system concerning a given Client and the orders placed by the Client and the distance Sales Agreements concluded by the Client, using which the Client may place orders, and in due time – cancel or edit them and conclude Distance Sales Agreements.

     

17. Order Service Rating and Evaluation of Individual Goods – subjective statements and ratings awarded by the Customer in the form of stars from 1 to 5 for the Online Store after the completed Order.

     

§ 2. General provisions

1. Types and scope of services provided electronically:
   1. conclusion of Sales Agreements online – with respect to Goods sold in the Online Store,
   2. rules for registration and use of an Account within the Online Store,
   3. adding opinions, comments and ratings – the Customer may add an opinion or comment to his/her order,
   4. sending e-mails in which the Seller confirms receipt of the order, receipt of payment, if any, acceptance of the order for processing.

       

2. Use of the Online Store is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
   1. Internet browsers in the current version e.g.:
      • Firefox
      • Chrome
      • Microsoft Edge
   2. any program from viewing files in PDF format.

       

3. The Seller makes these Terms and Conditions together with the Attachments available through a link located on the home page before the conclusion of the Contract of sale at a distance, during and after its completion. The Buyer may download it and make a printout.
4. In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the degree of security of the services provided, in particular, measures to prevent unauthorized persons from acquiring and modifying personal data transmitted on the Internet.

§ 3. Orders

1. An order in the Online Store can be placed through an Account or choose to purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.

    

2. The purchase is made by completing an Electronic Order Form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the shopping cart. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by him. The Customer takes the appropriate technical steps based on the messages displayed.

    

3. After the Customer has provided all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery and other costs if any, the selected method of payment, the selected method of delivery, the time and cost of delivery.

    

4. If the subject of the contract is the delivery of digital content that is not stored on a tangible medium or services provided electronically or remotely – the Consumer in the additional checkbox required to place the order and located on the Electronic Order Form gives the following consent: “I consent to the delivery of digital content that is not stored on a tangible medium or to the commencement of the service before the expiration of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract”. The seller will confirm receipt of the above consent by email.
5. In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, to accept the content of the Terms and Conditions, to send the Order by pressing the “Order and pay” button.
   The Client’s sending of the Electronic Order Form constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Regulations.
   A Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing the order number.
   After concluding a Distance Sales Agreement, the Customer receives, in the form of an e-mail message, a confirmation of the placed order, which includes: confirmation of acceptance of the order and final confirmation of all important elements of the Order and general terms and conditions of the concluded Distance Sales Agreement (Regulations of the Online Shop with Annexes No. 1 and 2), Seller’s data, Seller’s responsibility for the quality of performance, about services provided by the Seller after the sale and about the manner and effects of withdrawal from the agreement. An instruction on the manner and consequences of withdrawal from the contract is included in Attachment No. 1.
   Until the Seller starts processing the order:
   The customer may change his order using the technical solution available on the Electronic Order Form page and going through the entire order path again. The order is changed by placing a new order, which takes the place of the previously placed order. Alternatively, the payment made by the customer is credited to the new order, and in case of overpayment, it is returned to the bank account from which the payment was made.
   The Customer may cancel his order by selecting the “cancel order” option available on the Electronic Order Form page.
   If the Customer cancels the order, the Seller shall refund the received payment within 3 working days. The payment will be refunded using the same payment method used by the Customer.
   The processing time of the Order is from 1 to 30 working days counting from the date of conclusion of the contract.

§ 4. Payment

1. The online store offers the option of prepaid, cash on delivery (with payment on account after delivery). Deferred payment option is possible in situations individually agreed with the Seller.
2. Payment for goods can be made by the method selected at the time of ordering on the Electronic Order Form.
3. The currently available prepaid payment methods in the Online Store are available at. https://rayo4x4.pl/pol-payments.html.

§ 5. Delivery

1. On the Electronic Order Form, the customer selects the method of delivery by marking the choice made.
2. In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller – the Seller may withdraw from the contract of sale. Withdrawal from the contract is made by submitting a statement to the Customer in the form of an e-mail message.
3. In the situation indicated in item 2, the Seller shall immediately return to the Customer the payment received for the Goods purchased by the Customer.
4. The currently available delivery methods in the Online Store are available at. https://rayo4x4.pl/pol-delivery.html.

§ 6. Withdrawal from the contract – electronic return form

1. A Buyer who is a Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the case of withdrawal from a Distance Sales Agreement – the agreement is considered not concluded.
2. The right to withdraw from the contract under the terms of Chapters 6 and 7 of these Regulations also applies to a sole proprietor making a non-professional purchase.
3. The Seller will verify the entitlement of the person indicated in item 2 to submit a statement of withdrawal from the Agreement. Verification is carried out by checking whether the concluded agreement does not have a professional character for this person – which, in particular, is done by analyzing the PKD codes indicated in the Central Register and Information of Business Activity.
4. If it is recognized that the purchase of Goods made by a sole proprietor in the Online Store was of a professional nature – the Seller shall immediately, i.e. no later than within 3 working days of receipt of the statement of withdrawal – inform the person making the statement that due to the professional nature of the purchase made – there is no right of withdrawal, and therefore the statement made about the withdrawal from the contract – has no legal effect. If, along with the statement of withdrawal, a physical return of the Goods has been made – the Goods will be sent back at the expense of the person making the statement and to the address data previously provided in the Order. The Seller’s response will be given using the same method used by the person making the statement.
5. In the case of withdrawal from the contract – the Consumer shall bear only the direct costs of returning the Goods.
6. The Consumer’s statement must unambiguously express his will to withdraw from the contract, in particular, the Consumer may:
   
   1. use the electronic return form available on the website of the Online Store: https://rayo4x4.pl/client-orders.php?display=returns.
   2. Withdraw from the contract using the withdrawal form, which is Appendix No. 2 – by sending it to the address of the Seller’s registered office.
   3. The Seller will immediately confirm on a durable medium the fact of receipt of the statement of withdrawal submitted in the manner indicated in subsections 1 and 2.
7. Sending the statement before the deadline is sufficient to meet the deadline.
8. The period for withdrawal from the contract begins:
   1. for a contract in the performance of which the Seller delivers the thing, being obliged to transfer its ownership – from taking possession of the Goods by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract that:
      
      1. includes multiple items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part;
      2. consists in the regular delivery of things for a fixed period of time – from taking possession of the first item;
   2. For other contracts – from the date of the agreement.
9. The form of declaration of withdrawal (Appendix No. 2 to these Terms and Conditions) and information on exercising the right of withdrawal (Appendix No. 1 to these Terms and Conditions) are provided in the electronic form indicated in Section 3.5.3 of these Terms and Conditions.
10. The right of withdrawal from a Distance Sales Contract does not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, including but not limited to Contracts:
    
    1. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
    2. whose object of performance is a non-refabricated item, produced to the Customer’s specifications or serving to meet his individualized needs;
    3. whose object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
    4. whose object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    5. on the supply of digital content and electronic licenses that are not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
    6. the object of which is a perishable item or an item with a short shelf life, and in which the object of performance is an item that after delivery, due to its nature, becomes inseparable from other items;
    7. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
    8. concluded through a public auction;
    9. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
    10. in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;

§ 7. Effects of withdrawal from the contract of sale of goods

1. The Seller, within 14 days from the date of receipt of the statement of withdrawal from the Agreement for the sale of an item, will return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest delivery method offered by the Seller.
   
   1. The payment will be refunded using the same method of payment used by the Consumer.
   2. If the Consumer in order to exercise the right of withdrawal – uses the Electronic Return Form – the funds will be returned by the chosen method and to the bank account provided by the Consumer.
2. If the Seller has not offered to collect the Goods from the Consumer itself, the Seller may withhold the refund of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of their return, whichever event occurs first.
3. The Seller may offer to the Consumer to collect the thing from him himself. However, if the Seller has not made such an offer – the Consumer should return the thing to the Seller (or a person authorized by the Seller to receive it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiration. Goods that the Consumer returns should send it to the address of the Seller’s registered office.
4. The consumer is responsible for any diminution in the value of the Goods resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

§ 8. Complaints

1. The Seller is obliged to provide Goods free from physical and legal defects and is responsible to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.
2. If the Goods have physical or legal defects, the Buyer may file a defect warranty claim with the Seller:
   
   1. via the Electronic Claim Form;
   2. in writing to the address of the Seller’s registered office or by e-mail to sklep@rayo4x4.pl.
   3. The notification should specify the defect, which, according to the Buyer, the goods have, the claims against the Seller, and if possible – document the defect in question. The Seller is obliged to respond to the complaint within 14 days of its receipt. If he has not given an answer within the aforementioned period, it is considered that he has recognized the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a Permanent Bearer.
   4. The steps to be taken by the Buyer to file a complaint, including the method of delivery of the advertised Goods to the Seller, are indicated at each stage in the Electronic Complaint Form.
   5. If the Seller recognizes the complaint as justified: the cost of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
   6. The seller will verify whether a complaint filed by a sole proprietor making a non-professional purchase is of a non-professional nature for that person. Verification is done by analyzing the PKD codes indicated in the Central Business Register and Information.
   7. If, following a complaint filed by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer with a statement on paper or other durable medium:
      
      1. Intention to apply for the initiation of proceedings for out-of-court settlement of consumer disputes or consent to participate in such proceedings or
      2. refusal to participate in the procedure for out-of-court settlement of consumer disputes.

§ 9. Opinions

1. Within a certain period of time after the completion of the Order, the Customer with an Account – may be asked in an email to add an Order Handling Evaluation and an evaluation of individual goods. Evaluation of the order handling and evaluation of individual goods is voluntary and free of charge, and in order to do so, the Customer must click on the link that takes to a separate page. Within one order – the customer can only add the above-mentioned Evaluations once.
2. Within the framework of the aforementioned Ratings, the Customer may give a rating in the form of stars from 1 to 5 and add a verbal statement limited to 65535 word characters. The aforementioned Ratings are automatically signed with the Customer’s name and city, which is indicated by the Customer when registering the Account.
3. Ratings are stored and displayed publicly on the Online Store website, as well as on the websites of the https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
4. Seller does not substantively verify, does not control Assessments on orders. The Buyer is solely and independently responsible for the statement made in the Assessments. The Seller is entitled to block Evaluations in whole or in part under the terms of the law and these Regulations.
5. It is unacceptable to post content that contains information that is false, misleading, vulgar, aggressive, offensive or clearly considered to be against good manners. It is also unacceptable to post content of an unlawful nature, violating the rights of third parties, or constituting an act of unfair competition.
6. The customer agrees not to post content that contains links to external websites, of a promotional or advertising nature, or that contains personal information of third parties. It is also forbidden to place content of an unlawful nature, in particular, constituting an act of unfair competition, etc.
7. The customer is responsible for the statements he edits and posts, in particular he is responsible for violating the rights or property of third parties
8. At the express request of the Customer, the content of the Ratings may be hidden to other users of the Store, but the awarded rating in the form of stars is included in the overall rating of the Store and the Goods.

§ 10. Intellectual property

1. The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Store in the manner specified in the Terms and Conditions. The Client is not entitled to any kind of recording, reproduction, sharing, publicizing or dissemination of the content, unless such a right arises from the law or the Regulations.
2. The customer is not authorized to interfere in any way with the content, in particular, he is not authorized to interfere with the content, structure, form, graphics, mechanism of operation, or other elements of the Online Store.
3. The Customer, by placing in the Online Store the Evaluations, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights – grants the Seller a non-exclusive and gratuitous license, unlimited in time and territory, to use these works by the Seller, together with the right to grant a sub-license, which includes making the work available to the public in such a way that anyone can have access to it at a place and time of their own choosing (Internet). The license is granted with respect to all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:
   
   1. In terms of recording and reproduction of the work by any technique – in particular, by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual medium, in particular, on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related online services and reproduction, fixation, use on the Internet, advertising, reproduction of electronic recording in computer memory and in internal and external networks,
   2. Use of the whole or fragments or any elements of the work with the possibility of modification resulting from the essence of the Internet medium – in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in part for promotion and advertising, especially in the form of audiovisual, audio, media advertising.
   3. In terms of circulation of the original or copies on which the work was fixed – marketing, lending, rental of the original or copies,
   4. within the scope of dissemination of the work in a manner other than specified above – public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing,
   5. Use of works for promotional and marketing purposes;
4. The deletion of the Account by the Customer or Assessments pursuant to Section 9, Item 8 shall not affect the validity of the above license.

§ 11. Final provisions

1. These Terms of Use are effective as of 2018.10.24.
2. If any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions of these Terms and Conditions shall remain in force and bind the Seller and the Customer.
3. The governing law for the resolution of any disputes related to the Terms and Conditions is Polish law. These disputes will be resolved by the locally competent common court. A Customer who is a Consumer may also use out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.
4. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, we inform you that at https://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available. The ODR platform is a website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales contract or service contract.

§ 12. Appendix 1 – Information on exercising the right of withdrawal

1. The right to withdraw from the contract under the following rules also applies to a sole proprietor who makes a purchase of a non-professional nature, i.e. arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. You have the right to withdraw from the contract under the following rules – the Consumer. You have the right to withdraw from this contract within 14 days without giving any reason. The term to withdraw from the contract expires after 14 days:
   
   1. in the case of a contract of sale from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item;
   2. in the case of a contract obliging you to transfer ownership of multiple items that are delivered separately from the date on which you took possession of the last item or on which a third party other than the carrier and indicated by you took possession of the last item;
   3. in the case of a contract obliging you to transfer ownership of items delivered in batches or parts from the date on which you took possession of the last batch or part or on which a third party other than the carrier and designated by you took possession of the last batch or part;
   4. in the case of contracts for regular delivery of goods for a definite period of time from the date on which you took possession of the first item or on which a third party other than the carrier and indicated by you took possession of the first item;
   5. in the case of contracts the subject of which is the provision of services or digital content that is not delivered on a tangible medium – from the date of conclusion of the contract.
2. To exercise your right of withdrawal, you must inform us, i.e.: RAYO Sp z .o.o, KRZYWOUSTEGO, 82-86, 51-166 WROCŁAW, tel. 605989585, sklep@rayo4x4.pl of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).
3. You can use the model withdrawal form, but it is not mandatory.
4. You can also fill out the Electronic Return Form available on the website of the Online Store: https://rayo4x4.pl/client-orders.php?display=returns. If you use this option, we will immediately send you an acknowledgment of receipt of the withdrawal information on a durable medium.
5. In order to comply with the withdrawal period, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
6. In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
7. In the case of contracts obliging the transfer of ownership of the goods, in which we have not offered to collect the Goods in the event of withdrawal – we are to withhold reimbursement until we receive the goods or until you provide us with proof of their return, whichever event occurs first.
8. Please return the returned item to the following address: RAYO Sp z .o.o, KRZYWOUSTEGO, 82-86, 51-166 WROCŁAW immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
9. Due to the weight and dimensions of the Goods, in case of withdrawal from the contract – sending back the Goods may involve higher costs than ordinary postal delivery. If you wish to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than ordinary postal delivery.

§ 13. Appendix 2 – Model form for withdrawal from the contract