TERMS & CONDITIONS
XDrive ECOMMERCE STORE TERMS & CONDITIONS (last update: 10/09/2018)
§ 1 GENERAL
- The xdrive.pl ecommerce store, operating at www.xdrive.pl, is run by the company: P.Z.T. XDrive ul. Zosi 29, 80-119 Gdańsk, Tax ID No. PL 957-088-17-98, REGON 340030992.
- These Terms and Conditions govern matters including, but not limited to, contract conclusion, order placement, prices, product delivery, warranty complaints, and termination. By ordering a product, you are agreeing to be bound by the provisions of the terms and conditions as you should read them carefully before ordering any product.
- The xdrive.pl ecommerce store (the "Store") sells products online. The Store publishes information about its offer at www.xdrive.pl. Orders by email at firstname.lastname@example.org are also possible.
- The Sales Contract between you and us is concluded after you have placed the Order.
- The Sales Contract between you and us is concluded after you have placed the Order using the Order Form in the Online Store, by fax, email, mail, in person.
- All prices for products on this Website are quoted in Polish zlotys and include a 23% Value Added Tax. Shipping charges are also inclusive of VAT. After placing a order using the order form, you shall be informed of the gross price by receiving an order confirmation by email.
- We shall immediately confirm if we had received your order and simultaneously accept its fulfilment. We confirm that we had received and accepted the Order by sending you a message to your email address you provided when placing the Order. As soon as you receive the above email, a sales contract is concluded between you and us.
- By placing an order in the Store, you agree to your personal data to be entered into the customer database of xdrive.pl (P.Z.T.XDrive) and processed for the purposes of order processing. Providing personal data and consenting to its processing are necessary for the Store to complete the order. The provided data is necessary to process the order and is not shared with any entities for any other purpose. You shall be held liable for providing false personal data.
- Personal data is protected under the Act of 29/08/1997 on the Protection of Personal Data (Journal of Laws No. 133, item 883) in a way that prevents third party access.
- You can order online at xdrive.pl after prior signup if you are a new customer or after logging in if you already have an account in the xdrive.pl Store.
§ 2CONDITIONS FOR CONCLUDING THE SALES CONTRACT
§ 3 PLACING ORDERS
1.1. When signing up, enter your username and password in the registration form ("Registration") or username and password if you log in again. As you continue to set up your account, please complete the invoice details in the registration form.
1.2. When placing an order, select the product by using the search bar or by browsing the product catalogue. Some products require applying parameters before being added to the shopping cart.
1.3. Products are added to your shopping cart with the "order" button. After the order has been confirmed, it is instantly reserved in the warehouse.
1.4. Order processing starts after the Store receives a confirmation of order by email, which you've been informed of after ordering your product(s).
1.5. In case part of the order is currently unavailable, you will be informed about the status of the order by email confirming the implementation of the contract and asked to decide how to implement it (e.g. partial implementation).
1.6. A VAT invoice is issued for every order. A VAT invoice is issued when all goods are ready for shipment or upon receipt.
1.7. To make changes to an order that is currently being processed, contact customer service at (+48) 518 181 828.
§ 4 PRICES
- All prices are quoted in PLN in GROSS amount.
- Payments for our products are made in Polish zlotys.
- The prices listed on the website include a Value Added Tax of 23%. For online orders, you will receive a generated confirmation covering both net and gross value of the product(s).
- The cost of goods will be raised by the billing system chosen by you. Information on current fees can be found under Delivery and Payment Methods.
- The Store reserves the right, at any time and from time to time, to change the prices of products on the Store's offer, to add new goods on the Store's offer, to carry out and cancel advertising promotions on the Store's websites or to make changes to them. While every effort is made to ensure that the price is correct, the price of the Order must be reviewed by us as part of the approval process we follow. If the order price changes before we approve the order, we will contact you and ask you to affirm your willingness to continue the purchase at an updated price.
- You can choose the following payment methods for ordered goods with delivery:
§ 5 PAYMENT DATES AND METHODS
1.1. by bank transfer to the Store's bank account – with this payment method, the time limit is extended to allow the transfer to be processed and the payment to be booked.
1.2. payment on delivery – the courier charges the payment and the extra fee according to the price list of the delivery company.
1.3. individuals can only make a purchase upon prepayment.
1.4. Customers purchasing products in person have the option of paying for goods only in cash.
§ 6 ORDER PROCESSING TIME
- The delivery time shall be the delivery time of the order and the delivery time of the shipment by the carrier.
- Orders placed and paid for (with confirmation of payment) by 11 am on business days are processed and shipped the same day.
- Delivery time depends on the type of shipment/carrier chosen. Courier, estimated delivery time – 1-2 business days. Our employees will inform you each time a change in the delivery date occurs.
- Shipments in Poland are delivered on business days from Monday to Friday.
- The shipping costs stated on the website only cover shipments in Poland. If you need shipping within the EU, please contact customer service at (+48) 518 181 828.
- Personal pick-up at the P.Z.T. XDrive office is possible after confirmation of stock availability, which will be submitted after the order has been placed if there is no information on the availability of the ordered item on the site.
- The store is not liable for failure to deliver goods or delay in delivery due to an incorrect or inaccurate delivery address.
- The basis and extent of our responsibility to you if the product sold has a physical or legal defect (warranty) is laid down in general applicable law, particularly the Civil Code.
- All the products sold in the Store are original and have a quality assurance from the manufacturer.
- We are liable if a physical defect is detected within two years of purchase.
- If you find manufacturing defects upon receiving the goods, you have the right to lodge a complaint in the Store. In case of warranty complaints, the manufacturer often has to be involved in the process, therefore it may take longer to prepare a response to the inquiry or complaint.
- You have the right to lodge a complaint if you detected that the delivered goods: do not have properties that this type of product should have for the reason specified in the sales contract or as a result of circumstances or purpose; do not have properties we assured you of e.g. by demonstrating a sample or model; are not suitable for the purpose of which you informed us when concluding a sales contract, and we did not raise any objections as to their intended use; have been sent to you in an incomplete state.
- If the Product sold has a defect, you may request that it be replaced with a non-faulty product or that the defect be removed. We shall replace the faulty product with a defect-free product or remove the defect within a reasonable period without unnecessary inconvenience to you.
- If only some of the Products sold are defective and can be detached from the Products that are free of defects, without unnecessary inconvenience to both parties, your right to withdraw from the contract is limited only to defective Products.
- You can send your warranty complaint in writing to the following address: P.Z.T. XDrive ul. Zosi 29, 80-119 Gdańsk or digitally to the following email address: email@example.com;
- We recommend that you include the following information in your complaint application: details and circumstances regarding the subject of the complaint, in particular, the type and date of the defect; how you wish to bring the Product into line according to the sales contract; your contact details – this will facilitate and accelerate the handling of the complaint.
- In the event that the Product is to be sent to Xdrive for us to respond properly to your complaint or for you to exercise your rights, we shall ask you to deliver the Product at our expense to the address P.Z.T. XDrive ul. Zosi 29, 80-119 Gdańsk. However, if the delivery of the Product would be impossible or excessively difficult due to the type of defect, type of Product or the way it was set up, we will ask you for access to the Product, after prior appointment, at the place where the Product is located.
- If you lodge a claim within 3 business days, we shall contact you to inform you of the start of the claim process and the likely date of the complaint handling. For devices manufactured in Poland, the time limit for handling complaints is 14 business days, and 30 business days for devices manufactured in the EU.
- If the complaint is approved, the defective product will be fixed or replaced by a non-faulty product and, if we fail to do so (e.g. due to depleted stocks), we will repay the equivalent price of the product or offer another product from the Store.
- Differences in appearance between the ordered and delivered goods are no reason for warranty claims.
- We are excluded from responsibility if you were aware of the defect at the time of the conclusion of the sales contract and if the subject of the sales contract was a product to be produced in the future.
- A consumer who has concluded a contract remotely may withdraw from it within 14 calendar days without giving a reason. To cancel a contract, send a declaration in writing to the following address: P.Z.T. XDrive ul. Zosi 29, 80-119 Gdańsk or digitally to the following email address: firstname.lastname@example.org;
- The deadline for contract cancellation commences: for the contract under which we issue the Product along with transfer of ownership (e.g. Sales Contract) – from the day you or a third party indicated by you other than the carrier receives the Product, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from the day the last Product, batch or part is delivered, or (2) involves regular delivery of Products for a limited period – from the day the first of the Products was delivered;
- You are obligated to return the Product immediately after withdrawing from the contract.
- We may withhold the reimbursement until receiving the Product back to review/determine the absence of any damage.
- We shall repay you in full, including the shipping costs, immediately, but not later than within 14 calendar days from the day we have received the Product referred to in Contract Cancellation hereinabove. We reimburse you using the same method of payment as used by you, unless you have expressly agreed to a different method of reimbursement that does not involve any costs for you.
- If you have selected a delivery option other than the cheapest available in the ecommerce store, we are not obligated to refund any extra costs incurred by you.
- You bear the direct cost of returning the Product.
- You are not entitled to the right to cancel a contract concluded remotely in case of contracts:
§ 7 WARRANTY COMPLAINTS
§ 8 CONTRACT CANCELLATION
8.1. for the provision of services if we have fully performed the service with your express consent, and you were informed beforehand that, after the service is completed, you will lose the right to withdraw from the contract;
8.2. in which the payment depends on fluctuations in the financial market over which we have no control and which may occur before the deadline to withdraw from the contract;
8.3. in which the subject of the service is an item not in stock or an item that is manufactured/designed/calibrated/legalized to your needs and is ordered according to your specifications or serving your individual needs;
8.4. in which the packaging, which is an integral part of the device containing warranty seals that guarantee non-use, has been tampered.
8.5. in which the subject of the service are items that, due to their nature, are inseparably connected with other items;
8.6. in which you explicitly call us for urgent repair or maintenance; if we provide additional services other than those requested by you, or provide something other than spare parts necessary to perform the repair or maintenance, you are entitled to the right to withdraw from the contract when it comes to additional services or items.
§ 9 PERSONAL DATA PROTECTION