STATUTE

§ 1 Definitions

1. Working day/working days - means a day of the week from Monday to Friday, excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier - means an entity with which the Seller has concluded an agreement for the Delivery of Goods or an entity providing a goods delivery service as part of its business activity, through which the Seller will ship the purchased Goods.
4. Password - means a sequence of characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer - means a natural person, legal person or organizational unit for whom services may be provided electronically in accordance with the Regulations and legal provisions or with whom an Agreement may be concluded.
6. Consumer - means a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched on his/her behalf by the Seller, after the Customer has registered and concluded an agreement for the provision of the Customer Account service.
8. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
9. Entrepreneur with consumer rights - means a natural person concluding an Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed.
10. Regulations - means these regulations.
11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Seller's Office - means the Seller's office at the following address: 21-045 Świdnik, ul. Aleja Lotników Polskich 1.
13. Seller - Xtreme4x4.pl Świerz & Świerz Sp. J. with its registered office in 21-045 Świdnik, ul. Aleja Lotników Polskich 1, NIP 713-228-18-96, KRS 0000048060.
14. Website - means the website under the domain: http://www.xtreme4x4.pl/
15. Goods - means a product presented by the Seller via the Store Website.
16. Contract - means a contract concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.

§ 2 General provisions and use of the Online Store

1. All rights to the Online Store, including proprietary and non-property copyrights to its name, domain, Website, as well as to templates, forms and logos posted on the Website (except for logos and photos presented on the Store Website for the purpose of presenting Goods, the copyrights of which are held by other entities) belong to the Seller, and they may only be used in the manner specified in and in accordance with the Regulations and with the Seller's consent expressed in writing.
2. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: Internet access, an up-to-date version of a web browser that supports JavaScript and cookies, and an active e-mail account, if it is required to use certain functionalities of the Store.
3. The Seller uses cookies, which are stored by the Seller's server on the Customer's end device when Customers use the Website. The use of cookies is intended to ensure the proper operation of the Website. This mechanism does not damage the Customer's end device and does not cause any configuration changes in the Customer's end device or the software installed on it. Each Customer may disable cookies in their end device's web browser. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Store's Website.
4. In order to place an order in the Online Store via the Store Website and to use the services provided electronically via the Store Website, the Customer must have an active e-mail account.
5. The Customer is prohibited from providing illegal content or using the Online Store in a manner that is contrary to the law, good practices or infringes the personal rights of third parties.
6. It is not permitted for the Customer to use the resources and functions of the Online Store for the purpose of conducting activities that would infringe the interests of the Seller, in particular the advertising activities of another entrepreneur or product, activities consisting in posting content unrelated to the Seller's activities or false or misleading content.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to complete a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. To register, the Customer must complete the registration form available on the Store's website and then submit it electronically to the Seller by selecting the appropriate function within the registration form. During registration, the Customer sets a unique password.
4. When completing the registration form, it is necessary to read and accept the Terms and Conditions by checking the appropriate box on the form. Failure to accept the Terms and Conditions will prevent you from creating a Customer Account.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller clearly informs the Customer of the purpose of collecting their personal data, as well as any known or anticipated recipients of such data.
6. The Customer's consent to the processing of their personal data for marketing purposes does not condition the conclusion of an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration to the Seller, for example via email to xtreme@xtreme4x4.pl.
7. After submitting the completed registration form, the Customer will immediately receive confirmation of Registration from the Seller via email to the email address provided in the registration form. At this point, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Store Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Contract.
2. The Customer may place orders in the Online Store via the Store Website 7 days a week, 24 hours a day.
3. If the subject of the Agreement is the provision of a service, the Customer may consent, by checking the appropriate box in the order form, for the Seller to begin providing the service before the deadline for withdrawal from the Agreement expires.
4. A Customer placing an order via the Store's Website completes the order by selecting the Goods they are interested in, or the Goods and gift wrapping service, and adds them to the Cart by selecting "ADD TO CART." After completing the entire order and selecting the delivery and payment method in the "CART," the Customer places the order by sending the order form to the Seller and selecting the "Order and pay" button on the Store's Website. Each time, before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as any additional costs they are required to incur in connection with the Agreement.
5. Goods in the Online Store are clearly marked. The Website provides information about the properties of the Goods, their price, the materials from which they are made, and the specifications provided by the manufacturer.
6. When ordering Goods, if the Goods are available in different versions, the Customer selects them in a manner appropriate for the given item, specifying in particular the size, color, and, if necessary, also providing other specific information and the number of pieces of the ordered Goods.
7. Placing an order constitutes the Customer's submission to the Seller of an offer to conclude a Contract.
8. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
9. Then, after confirming the order, the Seller sends information about the order being accepted for processing to the email address provided by the Customer. This information about the order being accepted for processing constitutes the Seller's declaration of acceptance of the offer referred to above, and upon its receipt by the Customer, the Agreement is concluded.
10. After concluding the Agreement, the Seller confirms its terms to the Customer by sending them on a durable medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.

§ 5 Payments

1. The prices of the Goods on the Store's website are gross prices and do not include shipping costs, which the Customer will be required to pay in connection with the delivery of the Goods. The Customer will be informed about the costs and method of delivery of the Goods when selecting the delivery method at the time of placing the order.
2. The customer can choose the online payment method: payment via Przelewy24 or payment upon delivery.
3. If you choose online payment as your payment method for the Goods, the payment instruction must be completed immediately after placing the order. If payment is not received in the account of the Seller or any intermediaries, the order will not be considered properly placed.
4. In such a situation, the Customer should pay for the order in the amount specified in the concluded Agreement within 2 Business Days, if they have chosen prepayment. If this deadline expires without effect, the Seller may cancel the order, in accordance with applicable law.
5. All refunds will be made via bank transfer or using the same payment method used by the Customer, unless applicable law provides otherwise or the Customer agrees to another form of refund.

§ 6 Delivery

1. The Seller carries out Delivery within Poland, the European Union and the European Economic Area.
2. Domestic and international orders are delivered by DPD, while pallet shipments are handled by JAS FBG. Delivery times and methods are specified in the supplier's terms and conditions.
3. The Seller is obliged to deliver the Goods that are the subject of the Agreement free from defects and in accordance with the Agreement.
4. The Seller publishes information on the Store Website about the number of Business Days needed for Delivery and order fulfillment.
5. The seller has 3 business days to ship the product after placing the order.
6. The delivery and order fulfillment deadline indicated on the Store Website is counted in Business Days as defined in § 1 of the Regulations.
7. Ordered Goods are delivered to the Customer via the Supplier to the address provided on the order form. Detailed information regarding the shipment of the purchased Goods is provided along with the shipment notification.
8. The Customer is obligated to inspect the delivered shipment within the time and manner customary for that type of shipment. If any loss or damage is detected, the Customer has the right to request that the Supplier's employee prepare an appropriate report.
9. If the Customer is not present at the address indicated by him, delivery will be made in accordance with the terms and conditions of service specified by the entity making the delivery.
10. The consumer may choose to collect the goods in person. In this case, the consumer will not incur any additional delivery costs. Goods must be collected from the Seller's office.

§ 7 Complaints and the Seller's liability for the compliance of the Goods with the Agreement

1. The Seller is liable to the Consumer and the Entrepreneur under consumer rights for the lack of conformity of the Goods with the Agreement under the terms specified in applicable law, in particular in the Act of 30 May 2014 on consumer rights.
2. If the Goods are found to be inconsistent with the Agreement, the Consumer or Entrepreneur with consumer rights may file a complaint and demand the repair or replacement of the Goods.
3. If the Seller:
   - refuses to bring the Goods into compliance with the Agreement,
   - fails to bring the Goods into compliance with the Agreement,
   - the lack of conformity of the Goods with the Agreement persists despite the attempt made to bring the Goods into conformity with the Agreement,
   - the lack of conformity of the Goods with the Contract is so significant that it justifies a price reduction or withdrawal from the Contract without prior request for repair or replacement,
   - it clearly follows from the Seller's statement or circumstances that he will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Customer,
   The Customer may submit a declaration of price reduction or withdrawal from the Agreement.
4. The Seller shall repair or replace the Goods within a reasonable time from the moment it is informed about the lack of conformity of the Goods with the Agreement, and without excessive inconvenience to the Customer, taking into account the specificity of the Goods and the purpose for which the Customer purchased them.
5. The costs of repair or replacement, in particular the costs of shipping, transport, labor and materials, shall be borne by the Seller.
6. Complaints may be submitted in writing to the Seller's Office address or electronically to the following address: xtreme@xtreme4x4.pl.
7. The Seller will respond to the complaint within 14 days of its receipt, if such an obligation results from applicable law.
8. The provisions of this paragraph regarding the Consumer also apply to the Entrepreneur with consumer rights, provided that applicable law so provides.
9. Warranty rights, if granted, are specified in the warranty document. The warranty does not exclude, limit, or suspend rights arising from the provisions on the Seller's liability for non-conformity of the Goods with the Agreement.
10. With respect to Customers who are Entrepreneurs, excluding Entrepreneurs with consumer rights, the Seller's liability for defects in the Goods may be limited or excluded to the extent permitted by applicable law.

§ 8 Withdrawal from the Agreement

1. A Customer who is a Consumer and an Entrepreneur with consumer rights who has concluded a Distance Agreement may withdraw from it within 14 days without giving any reason.
2. The deadline for withdrawal from the Agreement begins:
   - for a Contract under which the Seller issues the Goods and is obliged to transfer their ownership - from the moment the Consumer or a third party indicated by him other than the Supplier takes possession of the Goods,
   - for other Agreements – from the date of conclusion of the Agreement.
3. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller's office address or via email to: xtreme@xtreme4x4.pl.
4. The declaration may also be submitted on the withdrawal form provided by the Seller on the Store Website, if such a form has been published.
5. In the event of withdrawal from the Agreement, it is considered not to have been concluded.
6. If the Consumer has submitted a declaration of withdrawal from the Contract before the Seller has accepted his offer, the offer is no longer binding.
7. The Seller shall return to the Consumer all payments received from him immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, subject to the right to withhold the refund until the Goods are received back or the Consumer provides proof of sending them back, whichever occurs first.
8. A Consumer exercising their right to withdraw from the Contract must return the Goods immediately, but no later than 14 days from the date on which they withdrew from the Contract. To meet the deadline, it is sufficient to return the Goods before its expiry.
9. The Goods should be returned to the Seller's Office address, unless the Seller indicates a different return address.
10. In the event of withdrawal from the Agreement, the Customer who is a Consumer shall only bear the direct costs of returning the Goods, unless the Seller has agreed to bear them or has failed to inform the Customer of the need to bear these costs.
11. If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer about the costs of returning the goods on the Store Website.
12. The Consumer is liable for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
13. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for him.
14. The right to withdraw from the contract does not apply to a buyer who has paid a deposit for goods but has not collected them, which were specifically ordered from an external supplier. In the event of non-collection of the ordered goods, the deposit is non-refundable and constitutes compensation for the seller's costs.
15. The right to withdraw from the Agreement does not apply in cases specified in applicable law, in particular in Article 38 of the Consumer Rights Act.

§ 9 Free services

1. The Seller provides free services to Customers electronically:
   - Contact form,
   - Newsletter,
   - Maintaining a Customer Account,
   - Posting opinions.
2. The services indicated above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected services, about which it will inform Customers in a manner appropriate to the change of the Regulations.
4. The Contact Form service enables sending a message to the Seller via a form available on the Store Website.
5. The Newsletter service is available to any Customer who enters their email address using the form provided by the Seller on the Store's website. After submitting the completed form, the Customer may receive a message with an activation link to confirm their subscription to the Newsletter. Upon activation of the link, an agreement for the electronic provision of the Newsletter service is concluded.
6. The Newsletter service consists in the Seller sending electronic messages to the e-mail address containing information about new products, services or promotions in the Seller's offer.
7. Each Newsletter sent to the Customer contains, in particular, information about the sender, a completed "subject" field specifying the content of the message, and information on the possibility and method of unsubscribing from the Newsletter service.
8. The Customer may at any time opt out of receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of this service or by contacting the Seller.
9. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the modification of data provided during Registration, tracking the status of order fulfillment and order history.
10. A Customer who has registered may submit a request to delete the Customer Account, and the Account may be deleted within 14 days of submitting the request, unless applicable law justifies further storage of the data.
11. The Posting Opinions service is available only to Customers who have a Customer Account and consists in enabling the publication of individual and subjective opinions on the Store Website, in particular regarding the Goods.
12. Resignation from the Posting Reviews service is possible at any time and consists in ceasing to post content by the Customer on the Store's Website.
13. The Seller reserves the right to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller, other Customers, or in the event of a violation of the law, these Terms and Conditions, or security reasons, in particular attempts to breach the Store Website's security or other hacking activities. Access blocking lasts for the period necessary to resolve the matter. The Seller will notify the Customer of the blocking of access electronically to the address provided during Registration.

§ 10 Termination of the contract for the provision of a free service by electronic means

1. Both the Customer and the Seller may terminate the agreement for the provision of free electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of this agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of services by electronic means by sending an appropriate declaration of intent to the Seller using any means of distance communication enabling the Seller to become familiar with this declaration.
3. The Seller terminates the contract for the provision of services electronically by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.

§ 11 Personal data

Information clause on the processing of personal data

1. In connection with the implementation of the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), the Seller informs about the principles of personal data processing and the rights of data subjects.
2. The personal data controller is Xtreme4x4.pl Świerz & Świerz Sp. J. In matters concerning personal data, you can contact us via e-mail: xtreme@xtreme4x4.pl.
3. Personal data is obtained in connection with the operation of the Online Store, the execution of orders, the provision of services electronically, customer contact and – in the event of consent – marketing activities.
4. The basis for the processing of personal data is:
   - Article 6 paragraph 1 letter b of the GDPR – to the extent necessary to conclude and perform a contract for the provision of services by electronic means and a sales contract,
   - Article 6, paragraph 1, letter a of the GDPR – in the case of data processed on the basis of consent, including for the purpose of sending the Newsletter,
   - Article 6, paragraph 1, letter c of the GDPR – to the extent necessary to comply with the legal obligations incumbent on the Controller,
   - Article 6 paragraph 1 letter f of the GDPR – to the extent resulting from the legitimate interests of the Controller, in particular those relating to the pursuit of claims, marketing of own services, analytics and ensuring the security of the Website.
5. Data provided when creating a Customer Account, placing an order, subscribing to the Newsletter or contacting the Seller may be processed, including data necessary for the execution of the Contract and Delivery.
6. Data may be entrusted to entities cooperating with the Seller in the scope of their business activity, in particular payment operators, courier companies, entities providing accounting, hosting, IT or marketing services – to the extent necessary to achieve the purpose of processing.
7. The Administrator processes personal data on the basis of applicable legal provisions, the concluded Agreement and on the basis of granted consent, if such consent has been expressed.
8. Personal data will be stored for no longer than is necessary to achieve the purposes for which they were collected and for the period required by law, in particular tax and accounting regulations.
9. The data subject has the following rights:
   - the right to access personal data,
   - the right to rectify data,
   - the right to delete data,
   - the right to restrict processing,
   - the right to data portability,
   - the right to object to processing,
   - the right to withdraw consent at any time if processing is based on consent.
10. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
11. The data subject has the right to lodge a complaint with the President of the Personal Data Protection Office if he or she considers that the processing of his or her personal data violates the law.
12. Providing personal data is voluntary, however, to the extent required for the conclusion and performance of the Agreement or the provision of certain services electronically, it may be necessary to use the functionality of the Online Store.
13. Personal data will not be processed in an automated manner leading to decisions that produce legal effects for the data subject or that significantly affect the data subject in a similar manner, unless otherwise provided for by applicable law or the data subject expressly consents thereto.

§ 12 Final provisions

1. The Seller shall be liable for non-performance or improper performance of the Agreement in accordance with applicable law, provided that in the case of Agreements concluded with Customers who are Entrepreneurs, excluding Entrepreneurs with consumer rights, the Seller's liability may be limited to actual damage, unless mandatory provisions of law provide otherwise.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising under this Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to all disputes arising under these Terms and Conditions is Polish law, subject to mandatory provisions relating to Consumers.
4. The Seller informs Customers who are consumers about the possibility of using out-of-court complaint and redress procedures. Rules for accessing these procedures are available at the offices and on the websites of entities authorized to provide out-of-court dispute resolution, in particular locally competent consumer ombudsmen and Provincial Inspectorates of Trade Inspection, as well as on the websites of the Office of Competition and Consumer Protection.
5. The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of changes in legal regulations, changes in payment and delivery methods, expansion or change in the functionality of the Online Store, or the need to clarify the provisions of the Terms and Conditions. All orders accepted by the Seller for fulfillment before the effective date of the new Terms and Conditions will be fulfilled pursuant to the Terms and Conditions in force on the date the Customer places the order.
6. The amendment to the Regulations shall enter into force on the date indicated by the Seller, not shorter than 7 days from the date of publication of the amended Regulations on the Store Website, provided that amendments resulting from mandatory provisions of law may enter into force earlier if the provisions so provide.
7. For Customers with a Customer Account, the Seller may notify Customers of changes to the Terms and Conditions electronically by sending information about the change along with a link to the new Terms and Conditions. If the Customer does not accept the new Terms and Conditions, the Customer may discontinue further use of the Customer Account in accordance with the provisions of the Terms and Conditions.
8. The Regulations come into effect on [INSERT DATE].