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1. INTRODUCTION
The Regulations define the conditions and principles of sale and provision of free electronic services via the online store - https://thetruckfamilia.com by GROUP MAWY EU SP. WITH O.O. based in Tworków
KRS: 0001100130, NIP: 6392032155, REGON: 528367909 address: ul. Główna 120a, 47-451 Tworków.
- Contact:
- by email:info@thetruckfamilia.com
- by traditional mail: ul. Główna 120a, 47-451 Tworków
- by phone (on working days, from 9.00 a.m. to 3.00 p.m.): +48 889 650 958
- Bank account number:
- in PLN: 17 1050 1070 1000 0090 8361 8059
ING Bank Śląski S.A. Oddział Racibórz - in EUR: PL 93 1050 1070 1000 0090 8362 7167 SWIFT: INGBPLPW
ING Bank Śląski S.A. Oddział Racibórz - in CZK: 131-2771630237/0100 IBAN: CZ16 0100 0001 3127 7163 0237
BIC/SWIFT: KOMBCZPPXXX
Bank: Komerční Banka
- in PLN: 17 1050 1070 1000 0090 8361 8059
2. DEFINITIONS
2.1. Client – a person using Mawy services via the website or with whom Mawy concludes a sales contract.
2.2. Mawy - GROUP MAWY EU SP. WITH O.O. based in Tworków, KRS: 0001100130, NIP: 6392032155, REGON: 528367909 address: ul. Główna 120a, 47-451 Tworków.
2.3. Website - https://thetruckfamilia.com
2.4. Commodity – means products made available by Mawy via the Website, which may be the subject of a sales contract.
2.5. Product card - information provided to the Customer for the Goods selected by Mawy, regarding the detailed properties and functionality of a given Good, containing data m.in. about the certificates held by the Goods.
2.7. Order – the Customer's declaration of will submitted via the purchase form and aimed directly at concluding a Goods Sales Agreement with Mawa.
2.8. Sales agreement – an agreement under which Mawy transfers ownership of the Goods to the Customer and delivers them, and the Customer undertakes to collect the Goods and pay the price, concluded remotely between the Customer and Mawy.
2.9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
2.10. Consumer - means a natural person performing a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity. For the purposes of the Regulations, the concept of Consumer also includes a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity.
2.11. Working days – days from Monday to Friday, excluding public holidays.
2.12. Privacy policy - document available at: https://thetruckfamilia.com/gb/content/7-privacy-and-cookies-policy
2.13. Account - means an individual set of resources and rights for each Customer, launched on his behalf by Mawy, after registration via the Website;
2.14. Password - means a string of letters, digits or other characters selected by the Customer when registering the Account, used to secure access to the Account.
3. GENERAL PROVISIONS
3.1. The Regulations define the terms and conditions of using the website, as well as the rights and obligations of Mawa and Customers.
3.2. Before using the website, the Customer is obliged to read these Regulations and the Privacy Policy. The Regulations are an integral part of the Sales Agreement concluded with the Customer.
3.3. The Customer is prohibited from providing illegal content and otherwise using the website by the Customer in a manner that is contrary to the law, the Regulations, decency or violating the legitimate interests of Mawa.
3.4. The Customer is obliged to use the Website in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of third parties.
3.5. The content on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a sales contract, which means, among other things, that Mawy may refuse to conclude a contract in particularly justified cases, especially in order to protect its goods.
3.6. The content that is a work and contained on the website, including the logo, name and graphic design of the Website, is protected by law m.in. by the Act of February 4, 1994 on copyright and related rights and constitute the exclusive property of Mawa or another authorized entity. Without the consent of Mawa or another authorized entity, it is prohibited to copy, reproduce or distribute in any way the content contained on the Website.
4. ONLINE STORE – TECHNICAL REQUIREMENTS
4.1. The minimum technical requirements to use the Website are: web browser version at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with Javascript enabled, accepting cookies. and an Internet connection with a bandwidth of at least 256 kbit/s. The Store's Website is optimized for a minimum screen resolution of 1024x768 pixels.
4.2. Mawy makes every effort to ensure that the Website operates without interruption, via known browsers and device types.
4.3. To the fullest extent permitted by law, Mawy shall not be liable for security breaches caused by the Customer's failure to secure the network or any access information, including login details and passwords, for reasons solely attributable to the Customer.
5. SERVICES PROVIDED ELECTRONICALLY
5.1. Services provided electronically include: creating and maintaining a Customer Account, ordering and sending the Newsletter.
5.2. Services provided electronically are free of charge.
5.3. Mawy is entitled to unilaterally discontinue the provision of electronic services or modify them. Mawy will inform the Customer who uses the services provided electronically about the cessation of the provision of electronic services or their modification.
5.4. Creating a Customer Account takes place via registration. For this purpose, the Customer completes the registration form available on the Website.
5.5. Before completing and sending the registration form, the Customer should read the Regulations and the Privacy Policy.
5.6. The Customer gains access to the Account using a unique identifier such as an email address and a Password.
5.7. One Account is created for one Customer.
5.8. In order to create an Account, the Customer must have an active e-mail address.
5.9. Mawy confirms receipt of the registration form by sending a confirmation to the e-mail address provided by the Customer during registration.
5.10. Access to the Customer Account is conditional on the correct completion of the registration form and confirmation of the creation of the Account by Mawy.
5.11. The Account may be deleted by the Customer at any time by reporting such an Account for deletion using the "Delete Account" website functionality (or its equivalent).
5.12. Mawy may, at its sole discretion, close or suspend the Account by sending an appropriate notification to the registered e-mail address, if there are reasons to believe that the Customer is using the Account in violation of the Regulations or applicable legal provisions or if the Customer has not shown any activity on the Account for more than 5 years. years.
5.13. The newsletter consists in Mawy sending, to an e-mail address, an electronic message containing information about new Goods or services offered by Mawy.
5.14. The newsletter contains in particular: information about the sender, a completed "subject" field specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.
5.15. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
6. GOODS
6.1. Viewing the Goods does not require creating an Account.
6.2. The photos of the Goods posted on the Website are for illustration purposes only and may differ in color from the actual colors of the Goods due to the different configuration of the Customers' computer equipment.
6.3. The Goods indicated by Mawy, if justified by the specific nature or functionalities of the Goods, are accompanied by a Product Card, which contains a detailed description of the properties and specifications of the given Goods (including the certificates held), including the permitted method of its use.
6.4. In the case of Goods to which a Product Card has been attached, by concluding a Sales Agreement, the Customer declares that he has read and accepts the content of the Product Card and that he will use the Goods in accordance with the description indicated on the Product Card, as well as applicable law.
6.5. Mawy, to the fullest extent permitted by law, is not responsible for the installation or use of the Goods by the Customer, in particular for using the Goods in a manner inconsistent with the information on the Product Card.
7. ORDER
7.1. The condition for placing an Order is the availability of the Goods or the ability to produce them by Mawy or suppliers of the Goods with whom Mawy cooperates.
7.2. Orders for Goods can be placed via the Website 24 hours a day, every day of the year.
7.3. After selecting the Goods that are the subject of the Order, you should:
7.3.1. click the "Add to cart" button (or its equivalent),
7.3.2. log in to your Account or use the option to place an Order without registration,
7.3.3. click the "Order and pay" button (or its equivalent),
7.3.4. choose the available payment and delivery method.
7.4. In order to place an Order, the Customer must have an active telephone number and an active e-mail address.
7.5. Placing an order by the Customer constitutes an offer for Mawa to conclude a Sales Agreement for the Goods. The offer is binding on the Customer if Mawy confirms the execution of the Order within 3 Business Days.
7.6. After sending the Order, the Customer receives from Mawa confirmation of receipt of the Order, i.e. an e-mail confirming receipt of the Order along with the number assigned to it and at least the following information, i.e.:
7.6.1. Mawa data and individual items of the Goods in the Order,
7.6.2. total gross price,
7.6.3. method and date of payment,
7.6.4. the method and date of sending/receiving the Order.
7.7. The conclusion of the contract with the Customer who is a Consumer takes place upon confirmation of the placed Order by Mawy.
7.8. If Mawy does not receive online payment, the Order is not considered to have been properly placed, which means that the contract is not concluded and the Order will not be completed.
8. PAYMENT METHOD
8.1. Current payment methods are specified on the Store's website in the tab Delivery and Payment.
8.2. All prices of the Goods are given in Polish zloty (PLN), euro (EUR) or Czech crown (CZK) and are gross prices, i.e. they include the VAT rate, unless expressly indicated otherwise, subject to section 10 below.
8.3. If the price of the Goods is given in a foreign currency, the Customer's right to perform the service in Polish currency is excluded.
8.4. The price does not include delivery costs and any other fees that the Customer is obliged to pay in connection with the purchase of the Goods (e.g. customs duties).
8.5. If no turnover tax is charged for deliveries to the Customer in a European Union Member State, the Customer, at Mawy's request, will immediately provide the appropriate documents that are required by Mawy in accordance with the provisions of law, including, but not limited to, those relating to turnover tax, in order to provide the relevant tax authorities with a certificate of exempting the supply from tax. This applies, among others, to documents confirming the introduction of goods into another Member State of the European Union, the tax identification number or the personal tax exemption of the Customer.
8.6. In the case of Entrepreneurs, the desire to receive a VAT invoice must be indicated before choosing the method and proceeding to pay for the Goods.
8.7. In the event of a request to issue a VAT invoice, the Entrepreneur provides the necessary data, and the NIP number for the invoice must be provided no later than when placing the Order.
8.8. Mawy is not responsible for providing incorrect or incomplete data on the VAT invoice by the Entrepreneur.
8.9. Customers who are Entrepreneurs agree to receive invoices electronically, without a signature, to the e-mail addresses indicated in the Order.
8.10. Customers who are Consumers may also receive a sales document sent to the e-mail address indicated in the Order.
8.11. Until the full Price is paid, the Goods remain the property of Mawa
8.12. The customer can choose from the following payment methods:
8.12.1. by transfer
8.12.2. credit card
8.12.3. eTransfer
8.12.4. (if available for a given Good) cash on delivery.
8.13. In order to verify the transfer as quickly as possible, the following should be included in the transfer title: Order or Goods number and the Customer's details.
8.14. If the data referred to above is not provided in the title, Mawy makes efforts to determine the Customer's data, in particular it contacts the Customer. If it is impossible to determine the order number for a given transfer, Mawy returns the amount paid to the bank account from which the transfer was sent, and the order is canceled.
8.15. The shipping cost is added to the order depending on the weight of the goods and the choice of delivery method. This cost is always indicated with the Order.
8.16. If the full price is not paid on time, Mawy may cancel the Customer's Order, of which the Customer will be informed. If the Customer has paid part of the price, Mawy refunds the entire amount paid.
9. DELIVERY
9.1. Delivery takes place via courier or personal collection (after prior arrangement, including making the required prepayment), unless other delivery options are specified.
9.2. The rules for delivering courier shipments and delivery prices are available at the address of the given supplier available in the Deliveries and payments tab.
9.3. Personal pickup is free.
9.4. The order can also be picked up at Mawa's headquarters at: ul. Główna 120a, 47-451 Tworków after prior, direct consultation with Mawy. The order will be waiting for collection at Mawa's headquarters for 5 business days from the date of notifying the Customer about the possibility of collection. Failure to collect the shipment on time is tantamount to cancellation of the Order.
9.5. The delivery time of the Order depends on the order processing time and the delivery time if you choose the form of delivery via courier or parcel locker.
9.6. The order processing time, excluding Orders paid on delivery, runs from the receipt of confirmation of the transfer or payment by Mawy until the Goods are released to the supplier selected by the Customer from the options indicated in the Deliveries and payments tab.
9.7. The order processing time is 3 (three) Business Days, unless Mawy directly specified a different time. The execution time is counted in Business Days.
9.8. Delivery of the Goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including fees for transport, delivery and postal services) are indicated to the Customer on the Store's website in the tab Delivery and Payment.
9.9. The estimated order processing time will be provided in confirming the execution of the Order sent to the Customer in an e-mail.
9.10. Mawy reserves the right to postpone the shipment date in the event of the courier's failure to collect parcels or an excessive number of shipments on a given day. Mawy will inform the Customer about this.
9.11. After preparing the Order and receiving payment, Mawy or Mawy's supplier will send the Customer an order confirmation by e-mail and start shipping the order to the Customer.
9.12. Mawy reserves the right to confirm acceptance of the Order by telephone or e-mail and to verify the Customer's data. Mawy reserves the right to cancel the Order if it is impossible to contact the Customer.
9.13. Mawy delivers all over the world, excluding: Cuba, Iran, North Korea, Syria, Russia, Sudan, Belarus, the Crimea region and Sevastopol. Mawy reserves the right to refuse delivery of the Goods also to countries other than those indicated above at its own discretion, of which it will inform the Customer.
9.14. The following rules apply to deliveries outside the territory of the Republic of Poland: Incoterms© 2020: EXW, ul. Główna 120a, 47-451 Tworków (Mawy warehouse), unless the parties agreed otherwise.
9.15. Mawy reserves that the Goods are offered only to the market where the use of the Goods is permitted, in particular in accordance with the description indicated on the Product Card. Delivery of the Goods to the delivery country indicated by the Customer is not tantamount to offering the Goods to the market in a given country.
9.16. The LOCO principle applies to the delivery of Goods within the territory of the Republic of Poland, ul. Główna 120a, 47-451 Tworków (Mawy warehouse). In case of doubts as to the rules of interpretation, the parties indicate that Mawy is responsible for the Goods until they are handed over to the supplier (carrier) of the Goods, and the delivery risk related to the Goods rests with the Entrepreneur.
9.17. In the case of Entrepreneurs and Consumers who influenced the selection of the supplier, complaints regarding the delivery of the Goods, including damage or loss of the Goods by the supplier, are submitted directly to the supplier, bypassing Mawa.
9.18. In the case of Consumers who had no influence on the choice of supplier, submitting a complaint to Mawy related to the delivery of the Goods, including damage or loss of the Goods during transport, requires cooperation with Mawy, including i) receiving appropriate confirmation from the supplier, ii) preparing photo documentation and iii) cooperation with Mawa's representatives to the extent necessary, including providing a copy of the transport document, documented claim amount and filing a complaint immediately after receiving the shipment. The notification should take into account the deadlines specified in Art. 74 section 4 and 77 of the Transport Law. The Customer and Mawy may agree on other delivery terms in a separate Order.
9.19. Unless agreed separately with the Customer, Mawy determines the type or method of marking or packaging of the Goods.
9.20. To the extent not regulated in these Regulations, the Convention on the Contract for the International Carriage of Goods by Road (CMR) drawn up in Geneva on May 19, 1956, the Postal Law Act, the Transport Law Act, generally applicable provisions of law, including the provisions of the law in force in country of shipment (transit) and delivery of the Goods.
10. CROSS-BORDER DELIVERY
10.1. In the case of an intra-Community supply of goods subject to taxation at the 0% tax rate under the principles specified in Art. 42 of the Polish Act on Tax on Goods and Services ("ITC"), Mawy may provide the Customer who is an Entrepreneur with a system that aims to automate and facilitate settlements under IDT.
10.2. If Mawy does not provide a system for automatic settlement under WDT, the Customer who is an Entrepreneur should inform Mawy directly, to the e-mail address provided for contact, of the intention to settle under WDT.
10.3. In relation to the Customer who is an Entrepreneur placing an Order under WDT, the price given is a net amount.
10.4. The Customer who is an Entrepreneur placing an Order under WDT is obliged to provide Mawy with i) a billing address, ii) a current VAT number for foreign transactions.
10.5. In the case of cross-border deliveries outside the intra-Community delivery of goods system, Mawy and the Customer individually determine the method and cost of delivery as well as the rules for settlements by the parties.
11. COMPLAINTS
11.1. The Goods are covered by the manufacturer's warranty or a two-year warranty for the Goods, subject to section. 11.12..
11.2. Mawy informs about known guarantees granted by third parties for the Goods.
11.3. Any information about a separate warranty provided by the manufacturer of the Goods can be found in the description of the Goods.
11.4. If a defect is found, the Customer is entitled to file a complaint.
11.5. Mawy will respond to the complaint immediately, and in the case of Customers who are Consumers, within 14 days from the date of receipt of the complaint.
11.6. All complaints regarding purchased Goods should be submitted by e-mail to the following address: info@thetruckfamilia.com or in paper form with the Customer's signature to the following address: Tworków ul. Główna 120a. The person filing the complaint will be informed about how it will be handled by e-mail.
11.7. Complaints should be submitted on the Goods complaint form. Proof of purchase must be attached to the complaint.
11.8. Goods returned under the complaint procedure should be sent to the following address: Tworków ul. Główna 120a.
11.9. The goods should be sent back with the original packaging and all accessories included in the set.
11.10. The basis and scope of Mawa's liability towards the Customer if the Goods have a physical or legal defect (warranty) are specified in generally applicable legal provisions, in particular the Civil Code.
11.11. Mawy may refuse to satisfy the request of the Customer who is a Consumer if bringing the defective item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract. If the buyer is an entrepreneur, the seller may refuse to replace the item with a defect-free one or to remove the defect even if the costs of satisfying this obligation exceed the price of the item sold.
11.12. In the case of Customers who are Entrepreneurs:
11.12.1. the parties exclude the warranty for defects in the Goods,
11.12.2. Mawy is not liable for indirect damages or lost profits of the Customer.
11.12.3.OdpowiedzialnoMawa's benefit under the Sales Agreement is limited to the amount of the price actually paid under the given Sales Agreement.
12. WITHDRAWAL FROM THE CONTRACT - CONSUMERS
12.1. The Customer who is a Consumer may withdraw from the Sales Agreement and return the Goods without giving a reason within 14 days from the date of its delivery by sending it to Mawa's address along with the completed return form (Declaration of withdrawal from the contract).
12.2. The cost of returning the Goods is borne by the Customer who is a Consumer.
12.3. Mawy will immediately confirm to the Customer who is a Consumer by e-mail (provided when concluding the contract and another, if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.
12.4. In the event of withdrawal from the Sales Agreement, the agreement is considered null and void.
12.5. The refund of the Price for the returned Goods will be made immediately after receipt of the Goods. In the case of cash on delivery or traditional transfer, the time to receive the Price may be up to 14 days.
12.6. The Customer, who is a Consumer, is responsible for reducing the value of the Goods that are the subject of the Sales Agreement and resulting from using them in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.
12.7. The customer is not entitled to withdraw from the contract in relation to contracts:
12.7.1. for the provision of services for which the Consumer is obliged to pay the price, if Mawy has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after Mawy has completed the service, he will lose the right to withdraw from the contract and has acknowledged this fact ;
12.7.2. in which the price or remuneration depends on fluctuations in the financial market over which Mawy has no control and which may occur before the deadline for withdrawal from the contract;
12.7.3. in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;
12.7.4. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
12.7.5. in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
12.7.6. in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
12.7.7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which Mawy has no control;
12.7.8. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
12.7.9. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
12.7.10. for the provision of services in the field of accommodation other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
12.7.11. for the supply of digital content not delivered on a tangible medium for which the Consumer is obliged to pay the price, if Mawy commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the provision of the service by the entrepreneur, he or she would lose the right to withdraw from the contract, and took note of this, and Mawy provided the Consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1.
13. DISPUTE RESOLUTION
13.1. Detailed information regarding the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
13.1.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
13.1.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
13.1.3. http://www.uokik.gov.pl/wazne_adresy.php.
13.2. In particular, the consumer has the following options to use out-of-court methods of dealing with complaints and pursuing claims:
13.2.1. is to apply to the permanent consumer arbitration court referred to in Art. 37 of the Trade Inspection Act, with a request to resolve the Mawy dispute.
13.2.2.uprawniony is to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Trade Inspection Act, with a request to initiate mediation proceedings to resolve the dispute amicably.
13.2.3. can obtain free assistance in resolving the dispute between him and Mawy, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).
13.3. The Customer who is a Consumer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
14. FINAL PROVISIONS
14.1.Regulamin comes into the life of the day 12.06.2024
14.2. The Regulations may be available in different language versions.
14.3. In the event of discrepancies in the individual language versions of the Regulations, product descriptions, product cards or other information on the website, the Polish version shall prevail.
14.4. Issues regarding the protection of personal data are regulated in the Privacy Policy.
14.5. The law applicable to Sales Agreements or agreements for the free provision of services by electronic means between the Customer and Mawy under the conditions specified in the Regulations is Polish law. The reservation of jurisdiction of Polish law does not apply to Customers for whom the provisions of generally applicable law regulate this issue differently.
14.6. Mawy does not charge any fees for communication with him using means of distance communication, and the Customer will bear its costs in the amount resulting from the contract concluded with a third party providing him with a specific service enabling distance communication.
14.7. In the case of Customers who are Entrepreneurs, any disputes related to or arising from the Sales Agreement or compliance with the provisions of the Regulations will be resolved by the court having jurisdiction over each Mawa registered office.
14.8. In the case of Customers who are Entrepreneurs, the assignment of rights under the Sales Agreement may only occur with the prior, documented consent of Mawa.
14.9. Mawy reserves the right to make changes to the Regulations. Orders are processed based on the version of the Regulations that was in force on the day the Customer placed the Order.
14.10. Information about changes to the Regulations will be posted on the Mawa website.
14.11. In the case of Customers who have an Account, Mawy will inform them about changes to the Regulations via e-mail. If the Customer does not accept the new content of the Regulations, he or she should inform Mawy about it and thus terminate the contract with Mawy.