Regulations

§ 1. DEFINITIONS

  1. Regulations – these Terms of Service, which set forth the rules for the provision of the Service.
  2. Seller – DBCars GT with registered office in Görlitz (02826) at Parkstr 1, DE 342289889 Germany, registered in the CEIDG register under NIP: PL 6131428285  REGON: 387544817 e-mail address: [email protected], Phone: +4915203913755.
  3. User – A non-Seller entity that uses a web application.
  4. Buyer – An entity that has placed orders in accordance with these regulations.
  5. Goods – each commodity described and marked with the sale price on the Web Application.
  6. Store – online store operated by the Seller on the Web Application, offering the sale of Goods.
  7. Application, program – software, located on servers used by DBCars GT.
  8. Administration panel – a web-based application accessible to the Seller, via a web browser, after logging in with an individual user name and password, allowing the Application to be managed.
  9. Breakdown – lack of continuity of the Service through the fault of the Seller preventing the use of the software by the Buyer, i.e. the inability to place an order in the store.
  10. Credentials – individual data (login and password) that allows the Buyer to access the panel to manage the account.
  11. GDPR Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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.

§ 2. GENERAL PROVISIONS

  1. These terms and conditions are an integral part of the sales contract concluded on the basis of an order placed through the Operator. Recording, securing, making available and confirming to the Buyer the significant provisions of the contract of sale shall take place via e-mail.
  2. The DBCars GT reserves the right to edit and amend these terms and conditions. The user uses the web application on the basis of his own choice, solely at his own risk.
  3. The DBCars GT reserves the right to immediately suspend the operation or delete any account that violates the terms and conditions, or applicable law.
  4. The user declares that he/she will not copy, duplicate or use any material on the application pages.
  5. The entity providing the services indicated in the Regulations is DBCars GT.
  6. As a condition of using the application, the Buyer must read the Terms and Conditions and agree to the terms and conditions set forth in the Terms and Conditions.
  7. The terms and conditions constitute a form of agreement between the user and the seller.
  8. Any questions about the terms and conditions should be directed to DBCars GT's customer service department via email.

§ 3. CONCLUSION OF THE CONTRACT AND PROVISION OF THE SERVICE

  1. Placing an order for the Goods takes place after the Buyer fills out the order forms available on the Seller's Website, accepts the regulations of the Service and makes payment in accordance with the Price List.
  2. The Buyer may choose the form of payment from among the forms of payment indicated in the order form.
  3. The Seller may require the Buyer to provide additional data and send additional documents in order to verify the data provided by the Buyer when placing the order.
  4. The Seller reserves the right to refuse to provide the Service to selected Buyers without giving any reason. In case of refusal to conclude a contract, the Buyer will not be charged any fees.
  5. The Seller makes every effort to ensure that the Web Application works and displays correctly; nevertheless, the Seller does not guarantee its continuous operation.
  6. The use of the application by the customer is possible on the latest browsers such as: Edge, Chrome, Firefox, Opera having JavaScript and Cookies enabled.

§ 4. PERSONAL DATA PROTECTION

  1. The DBCars GT processes the User's personal data on the basis of Article 6.1.lit. /b or f/ RODO for the purpose and to the extent necessary for the establishment, formation of the content, modification, termination and proper implementation of services provided electronically, including statistical purposes. The User, during the period of use as one of the elements of the contract for the use of the Account, may also receive system messages (information about failures, changes in the functioning of existing services or the addition of new services, as well as maintenance care) by e-mail or telephone, if he/she has provided such data, during the period of having an active Account. Provision of the aforementioned data is a contractual condition necessary for its execution.
  2. By accepting the terms and conditions, the user enters into an agreement for the processing of personal data of the store's customers (end users) DBCars GT to the extent necessary to establish, shape the content, change, terminate and properly perform services provided electronically.
  3. The User's data will be kept for the period necessary to secure the interests of DBCars GT and the User related to access to the Account.
  4. You may contact DBCars GT on matters related to data protection by writing to [email protected].

§ 5. LIABILITY

  1. The Seller is not responsible for technical problems, as well as technical limitations in the equipment used by the Buyer that prevent the Buyer from using the Services.
  2. The Seller is not responsible for the consequences caused by the disclosure of confidential data by the Buyer.
  3. The Seller shall not be liable for damages incurred by the Buyer caused by threats occurring in the network that are independent of the Seller and not attributable to the Seller.
  4. The Seller shall make every effort to ensure that data transmission over the Internet in the use of the Services is encrypted.

§ 6. RIGHTS AND OBLIGATIONS

  1. The Seller declares that the content of the Application does not violate the provisions of currently applicable laws and the goods of third parties.
  2. The Seller undertakes to comply with all regulations governing the operation of an online store, the provisions of the Civil Code and the provisions of the GDPR Regulation.
  3. The Seller is obliged to provide true and up-to-date data concerning him or his enterprise.
  4. The Buyer declares that he will not copy, duplicate or use any materials on the Application.

§ 7. FEES

  1. Prices within the Store include all applicable duties and taxes. Prices do not include delivery costs and transaction fees unless otherwise specified in the sales contract.
  2. In accordance with the Shipping Law, the courier company receiving the shipment from the Seller certifies that the shipment is intact. If, in the course of handing over the shipment to the Buyer, it turns out that it has suffered a loss or damage, the carrier shall immediately establish by protocol the condition of the shipment and the circumstances under which the damage occurred. The carrier shall perform these actions at the request of the Buyer.
  3. It is recommended that the Buyer immediately upon receipt unpack the goods and inspect them (he has the right to do so in the presence of the courier) and, if the contents are damaged, draw up a damage report. The protocol findings should be made in detail in the presence of the courier.
  4. If, after delivery of the consignment, a defect or damage not visible from the outside is revealed, it is recommended that the Buyer who is a Consumer or Private Entrepreneur immediately call the courier to draw up a damage protocol and inform the Seller about this fact.
  5. The protocol shall be signed by the persons participating in determining the condition of the shipment. If the Buyer does not agree with the content of the protocol, he may include in it reservations with justification. If the Buyer refuses to sign the protocol, the carrier shall state in the protocol the fact and reasons for the refusal. The Buyer shall receive a copy of the protocol free of charge.
  6. If the Buyer, through no fault of his own, failed to pick up the Goods delivered by the Seller, the Seller shall call on him to pick them up within an additional period appropriate to the circumstances. If the Buyer fails to pick up the Goods within this additional period, the Seller has the right to cancel the order.
  7. Delivery of the Product to the Buyer is against payment, unless the Sales Contract provides otherwise. The Product's delivery costs (including transportation, delivery and postal fees) are indicated to the Buyer in the Application in the information tab concerning delivery costs and during the placement of the Order, including when the Buyer expresses his/her will to be bound by the Sales Agreement.
  8. Personal data provided by the Buyer in the course of payment are processed by payment institutions intermediating in the execution of payments.

§ 8. COMPLAINTS

  1. The Buyer shall bear the direct costs of returning the Goods.
  2. The Seller provides an e-mail address [email protected] for sending inquiries and complaints.
  3. The Buyer is obliged to report a complaint to the Seller no later than 14 days from the date of occurrence of the event.
  4. Failure to submit a complaint within the time limit specified in paragraph 3 means that the Buyer waives his claims.
  5. The day of filing a complaint shall be the day of receipt of a properly completed complaint notification via e-mail or postal mail to the address of the Seller's registered office.
  6. The Seller will consider the complaint within 30 working days from the date of its submission.
  7. The Seller will forward the complaint resolution to the Buyer at the e-mail address assigned to the Buyer's Account.
  8. If the complaint is resolved favorably, the credited amount shall be refunded.

§ 9. FINAL PROVISIONS

  1. These terms and conditions shall come into force as of the date of publication in the Seller's Application.
  2. Any disputes arising in connection with or on the background of the performance of the Services, the parties agree to resolve by mutual negotiation, and in case of failure to reach an agreement, such disputes shall be submitted to the jurisdiction of the court having jurisdiction over the registered office of the Seller.
  3. By ordering the Goods, the Buyer declares that he fully accepts these Regulations and acknowledges that the Seller reserves the right to amend these Regulations at any time. The changes, if any, are effective from the moment the new version of the Terms and Conditions is made available in the Application.
  4. In matters not regulated by these Regulations, the provisions of Polish law, in particular the Commercial Law Code, shall apply.