Terms & Conditions (EN)

COMPANY INFORMATION

1.1 These Terms and Conditions have been drawn up and are applied by the Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne (Kuchary Kościelne 29A, 62-570 Rychwał), entered into the Register of Entrepreneurs of the Polish National Court Register under KRS number 0001016854, with VAT number: PL6653054010 and REGON: 524340670 (hereinafter referred to as the “Service Provider”, “Seller” and “Company”).

1.2. The User and any other person may communicate with the Service Provider using the contact details provided in section 1.1 above and the following contact details:

1.2.1. E-mail address: info@vintage-tractors.com

1.2.2. Website: https://vintage-tractors.com

1.3. To the extent that this Terms and Conditions govern the provision of services by electronic means, they are the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.

1.4. Everyone can access and read the Terms and Conditions free of charge.

DEFINITIONS

For the purposes of these Regulations, the following definitions shall apply:

“Addressee” – an entity indicated by the Service Recipient as competent to receive the parcel.

“Business Day” – means the day from Monday to Friday, except for public holidays in the territory of the Republic of Poland.

“Buyer” – a consumer, entrepreneur or entrepreneur with consumer rights who concludes a sales contract in the Online Shop zamienniki.pl; the buyer may also be a service recipient.

“Civil Code” – the Polish Civil Code, Act of 23 April 1964 (Journal of Laws of 1964 No. 16, item 93 as amended).

“Consumer Rights Act” – means the Polish Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683, as amended)

“Consumer” – a natural person who, in accordance with Article 22(1) of the Polish Civil Code, enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.

“Contract of Sale” – an agreement by which the Seller undertakes to transfer ownership of the item (Goods) to the Buyer and deliver the item to him, and the Buyer undertakes to collect the item (Goods) and pay the price to the Seller.

“Cookies Policy” – a document separate from these Terms and Conditions of the Service Provider specifying the terms and conditions and containing a description of the use of cookies by the Website. The cookies policy is available at https://vintage-tractors.com/cookie-policy/

“Delivery Charges” – means the charge for the delivery of the Goods(s) which are the subject of a given Contract of Sale. Delivery costs are expressed in Polish zlotys and include value added tax (VAT). Delivery costs depend on the method of delivery of the Goods selected by the User.

“Digital Content” means data produced and delivered in digital form.

“Distance Contract” – a Contract of Sale concluded between the Seller (Entrepreneur) and the Buyer (Consumer or Entrepreneur with consumer rights) concluded without the simultaneous physical presence of the parties to the agreement, by means of one or more means of distance communication up to and including the moment of concluding the agreement.

“Entrepreneur with Consumer Rights” – a natural person concluding a contract directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

“Entrepreneur’s Premises” – the registered office of the Entrepreneur, where the seller, Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne, conducts business activity on a permanent basis: Kuchary Kościelne 29A, 62-570 Rychwał.

“Entrepreneur” – a natural person, a legal person, an organizational unit without legal personality, which, in accordance with Article 43(1) of the Polish Civil Code, conducts business or professional activity on its own behalf in connection with legal transactions, the scope of which is covered by the content of these regulations.

“Goods” – means a movable item presented on the Website (e.g. vintage tractors), which may be the subject of a Sales Contract or may be indicated by the User as part of the use of the Reservation Service as a Commodity that the User would like to reserve. The Goods shall be understood only as an item presented on the Website, which has been provided with the information “available”. For the avoidance of doubt, it is assumed that the items presented on the Website, which have been marked with the term “unavailable”, “reserved”, “sold” or which cannot be added to the Cart (the option of adding to the Cart has been blocked) do not constitute Goods within the meaning of the Terms and Conditions.

“Guaranty” – a voluntary commitment of the manufacturer, granted on the basis of a warranty statement, specifying its obligations and rights of the Buyer (Consumer) or Entrepreneur on the rights of a consumer, if the goods do not have the properties specified in this statement.

“IT System” – means the Service Provider’s IT system used to provide the Services, including in particular the graphical interfaces of the Website.

“Liability of the seller for lack of conformity of the goods” (Pol. rękojmia) – a procedure for pursuing liability by a consumer or a natural person concluding a contract directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, in connection with a disclosed physical defect (non-compliance with the contract) or legal defect of the purchased goods, specified in the provisions of the Civil Code.

“Order” – a declaration of intent of the Buyer or Entrepreneur with consumer rights, the purpose of which is to conclude a contract for the sale of the Goods, by indicating the Goods, the type and their number.

“Price” – means the gross price of a given Commodity applied by the Service Provider, placed on the Website next to the information about the Goods (i.e. the price of the Goods for which the User may purchase the Goods from the Service Provider). The price does not include the Delivery Costs of the Goods. The price is expressed in Polish zlotys or euros and includes value added tax (VAT). In the case of granting a discount for a given Item, the Price means the gross price of the Goods described above, after taking into account the discount.

“Privacy Policy” – a document separate from these Terms and Conditions of the Service Provider specifying the terms and conditions of the processing of the User’s personal data by the Service Provider (including the purpose and scope of processing) The Privacy Policy is available at https://vintage-tractors.com/data-privacy-policy/

“Seller” – the entrepreneur running this website covered by this regulations, that is the Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne (Kuchary Kościelne 29A, 62-570 Rychwał), entered into the register of entrepreneurs of the National Court Register under KRS number 0001016854, with NIP: 6653054010 and REGON: 524340670

“Service Provider” – the entrepreneur running this website covered by these Terms and Conditions, i.e. Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne (Kuchary Kościelne 29A, 62-570 Rychwał), entered into the register of entrepreneurs of the National Court Register under KRS number 0001016854, with NIP: 6653054010 and REGON: 524340670. The service provider can also be a seller.

“Service Recipient” – a natural person, a legal person or an organizational unit without legal personality, which uses the service provided by the Service Provider electronically; The Service Recipient may also be the Buyer.

“Terms and Conditions” – means these Terms and Conditions drawn up and applied by the Service Provider.

“User” – means an entity which, in accordance with the provisions of law, is capable of concluding a Service Agreement; an entity that uses the Website in any way, and in particular an entity displaying (visiting) publicly available pages of the Website or an entity that has concluded a Sales Agreement. For the avoidance of doubt, it is assumed that the term “User” means, in particular, a person who has concluded a Sales Agreement or a Service Agreement with the Service Provider. The term “User” also includes “Registered User”.

“Website” – means the website operating on the basis of the IT System, having in particular the functionality of an online store, managed and made available on the Internet at the domain address: https://vintage-tractors.com.

GENERAL PROVISIONS

3.1 These terms and conditions set out the rules for the use of the website vintage-tractors.com operated by the company Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne, the sale of goods at a distance, as well as the use of the website by the service recipients, placing orders for products, paying the sale price of products, delivering products, the Buyer’s right to withdraw from the contract and the rules for submitting and considering complaints, as well as the method of returning products.

3.2 To browse the assortment and place orders for the offered products, you need a computer or other device (smartphone, tablet) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox and an active e-mail account.

3.3 Browsing the assortment does not require registration.

3.4. Placing an order for products in the Store’s assortment requires registration in accordance with the provisions of the Terms and Conditions. For this purpose, the Client fills in the on-line registration form, providing his/her e-mail address, a password of his/her choice and a telephone number (voluntarily), and is obliged to accept these Terms and Conditions. After registration, a registration confirmation will be sent to the Client’s e-mail address provided during the registration process. Registration in the Store and using the functionality of the Store are free of charge. The Service Provider uses cookies to collect information related to the use of the Online Shop by the Service Recipient in order to maintain the session of the logged-in Service Recipient and to keep viewing statistics of the Online Shop’s subpages. The Service Recipient can delete the cookies placed or block the placement of cookies at any time using the options available in their web browser.

The Service Recipient who has registered a Customer Account on the Service Provider’s website terminates the agreement for the provision of services by electronic means by submitting a request to delete their Customer Account. The Service Provider shall remove the registered Customer Account and/or e-mail address from the list of subscribers without undue delay.

TYPE AND SCOPE OF SERVICES

4.1. The Service Provider provides the following Services as part of the Website:

4.1.1. WWW Service – a service consisting in making available, at the individual request of the User, data and information placed on publicly available pages of the Website, by displaying a page of the Website with a specific URL address and the possibility of entering Comments and using the Website’s IT mechanisms (functions of the Website). The WWW service includes, in particular:

a) the ability to search and browse publicly available subpages of the Website (i.e. subpages of the Website, access to which does not require registration and logging in),
b) the opportunity to familiarize themselves with the description and photos of the Goods posted on the generally available subpages of the Website,
c) providing access to the Website’s IT mechanisms for placing Orders (electronic forms, etc.) and ordering Booking Services (electronic forms, etc.),
d) the ability to view the Comments posted on the Website.

4.1.2. Website Service – a service consisting in making available to the Registered User the resources of the IT System in order to:

a) maintaining the User Account,
b) provide the Registered User with the use of the IT System with the possibility of:
c) keep your contact details,
d) keep your data about your vehicle,
e) change the password authorizing access to the User Account,
f) access to the history of your orders, reservations, complaints.
g) the possibility of entering Comments using the functions of the Website, in order to post them on the Website.

4.2. The WWW Service is available to all Users, without the need to register on the Website. Each User may browse and search the generally available pages of the Website.

4.3. The Agreement for the provision of the WWW Service is concluded for an indefinite period of time at the time of effective retrieval by the User in the browser window of the URL of any of the publicly available pages of the Website or the use by the User of a redirect (hyperlink) leading to any of the generally available pages of the Website (i.e. entry to the Website). The agreement for the provision of the WWW Service shall be terminated at the moment of leaving the Website by the User.

4.4. The Service of the Website is provided only to Registered Users. The use of the Website Service is possible only after the Registered User registers and logs in to the Website.

4.5. The Agreement for the provision of the Website Service shall be concluded for an indefinite period of time on the terms described in these Terms and Conditions and may be terminated by submitting a request by the Service Recipient to delete his/her Customer Account. The Service Provider shall remove the registered Customer Account and/or e-mail address from the list of subscribers without undue delay.

4.6. The Services are provided without the need for the User to pay any fees to the Service Provider. The User shall bear the costs of connection and use of the Internet, in accordance with the content of the agreement between the User and his telecommunications operator (Internet provider).

4.7. The Service Provider informs that it does not charge a deposit from the Users or demand any other financial guarantees in connection with the use of the Services.

4.8. As part of the link (hyperlink) included in the sent message, the User who has concluded a Sales Agreement with the Service Provider may send Comments regarding the purchased Goods. A link (hyperlink) allowing the User to send a Comment will be sent to the User of the Goods. If the User submits a Comment, it will be posted on the Website, under the description of the Product (in the “Opinions” section).

4.9 The Service Provider does not monitor or approve the content of published opinions. However, the Service Provider may selectively verify them and edit or delete parts or all of the reviews if:

4.9.1 is unrelated to the Contract of Sale.

4.9.2. is offensive, contains profanity, is inconsistent with good morals or is illegible.

4.9.3. violates or potentially violates the provisions of generally applicable law or the rights of third parties, including in particular intellectual property rights, personal data protection law.

4.9.4. is not intended to evaluate the cooperation with the Service Provider or does not describe the Goods being the subject of the Sales Agreement.

4.10. The Service Provider ensures that the published Comments come from Users who have used or purchased a given Goods, in such a way that the link enabling the addition of a Comment on the Goods is received only by the User who purchased the Goods on the Website. Next to the Comment, the User’s ID and the code of the country from which the User made the purchase are indicated.

PROHIBITION OF ILLEGAL CONTENT

5.1. In connection with the use of the Services, the User may not provide illegal content, in particular the content of:

5.1.1. infringing the rights of other persons, in particular property or moral copyrights, trade secrets, industrial property rights, as well as personal rights of other persons,

5.1.2. supporting or proclaiming radical social attitudes, in particular any kind of discrimination based on gender, age, disability, race, religion, nationality, political or social beliefs, trade union membership, ethnic origin, religion, sexual orientation,

5.1.3. incitement to commit a crime,

5.1.4. violating mandatory provisions of law.

5.2. The User who receives a message that any content made available on the Website is inconsistent with the law or the Terms and Conditions may report this fact to the Service Provider, in particular by sending a message to the following e-mail address: info@vintage-tractors.com.

5.3. In the event of receiving an official notification or obtaining reliable information about the illegal nature of the content made available by the User, the Service Provider is entitled to prevent access to such content.

5.4. The User may not use the Website and Services in a way that disrupts the functioning of the IT System or any of its elements.

TERMS OF SALE

6.1. Contents, announcements, as well as information, photos and videos concerning individual vehicles and products in the assortment do not yet constitute an offer to conclude a sales contract within the meaning of Article 66 § 1 of the Polish Civil Code. This information and content are used only to provide information to the potential buyer, however, due to the possibility of mistakes, the content of the announcements and information does not constitute an assurance within the meaning of Article 556 § 1 of the Polish Civil Code, but only an invitation to conclude a contract. Information about the products available in the assortment constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Polish Civil Code.

6.2. Depending on the category of the selected product, the subject of sale are used and vintage vehicles that have undergone the restoration process or brand new products, free from defects, presented by the Seller at the time of placing the order by the Customer.

6.3. All prices of goods in the Online Shop are given in Polish zlotys (PLN) or euros (EUR) and are gross prices, i.e. they include taxes, including value added tax (VAT). In case of doubt, it is assumed that prices are given in Euros, unless a specific price is explicitly indicated as given in Polish currency.

6.4. The prices of the goods on the website do not include delivery costs. Delivery costs depend on the chosen method of delivery of the product to the Customer, as well as on the value and characteristics of the ordered product (m.in. its weight and size) and are given when choosing the method of delivery of the product by the Customer. The total cost of the order, including the price of the products together with the delivery costs, is indicated in the shopping cart before the customer places the order. The total order value information provided at this time includes any additional transportation, delivery or postal charges or any other costs, unless otherwise expressly stated in the summary.

6.5 A receipt is issued for each Order executed for the benefit of a User who is a Consumer, unless the User reports the need to issue an invoice and provides the data necessary to issue it.

6.6 A VAT invoice is issued for each Order executed for a User who is not a Consumer.

6.7 A receipt or VAT invoice is issued when all the Goods selected for the Order are completed and ready for shipment, unless the Order is executed in batches – in which case a separate VAT receipt/invoice may be issued for each part of the Order.

6.8 In order to receive a VAT invoice for the execution of the Order, as well as to identify the User (in the case of Orders made on behalf of and on behalf of an entrepreneur), the User is additionally obliged to provide the following data, which will be included in the VAT invoice:

in the case of a User who is not an entrepreneur and has expressed a willingness to receive a VAT invoice – the User’s address of residence;
in the case of an entrepreneur – the registered office and address of the entrepreneur who placed the Order, as well as the entrepreneur’s tax identification number.

6.9. In order for a sales contract to be concluded, it is necessary to:

place an order on-line, i.e. on the store’s website, through the order basket – the “add to cart” button;
confirm that you are aware that your order entails an obligation to make a payment by activating the “Place Order” button in the last step of the shopping cart;
enter the details of the recipient of the order and the address to which the product is to be delivered, as well as the telephone number at which the Company can contact the Customer in matters related to the order;
enter the data for the invoice if a VAT invoice is to be issued and sent to the Client. The Customer may agree to receive invoices in electronic form; invoices will be sent to the e-mail address indicated in the Client’s account;
confirm the order with the button: “Order and pay”;
pay for your order using one of the available payment methods. Orders placed in the Store can only be paid for in advance (before the ordered product is shipped). Payment can be made: by transfer in the form of a prepayment in the full value of the order to the seller’s bank account. All accepted means of payment are clearly and conspicuously marked at the beginning of the order process (in the order basket).

6.10 Orders can also be placed using the contact form or e-mail. In this case, the contract of sale comes into effect only when the seller sends the User a confirmation of acceptance of the order.

ORDER DELIVERY

7.1. In the case of Goods other than vehicles, the Order Subject will be delivered to the Customer only within the European Union, to the address indicated by the Customer in the order, depending on the Customer’s choice, by courier or by post.

7.2. The customer is obliged to provide the correct and accurate address to which the subject of the order is to be delivered. The place of performance is the address provided by the buyer as the address for delivery of the ordered goods.

7.3. At the time of delivery, the seller delivers the goods by transferring physical possession or control of the goods to the buyer, without undue delay, after the conclusion of the contract, but no later than 30 days from the date of conclusion of the contract.

7.4. At the time of delivery of the goods, the seller provides the buyer with a fiscal receipt in electronic form or together with a paper shipment. At the buyer’s request, the Seller issues a VAT invoice in electronic or paper form. Entrepreneurs with consumer rights, the seller provides only a VAT invoice.

7.5. The ordered goods are delivered to the buyer at his choice: by courier company, post and for personal collection at the Company’s headquarters. Delivery of goods takes place to the address indicated by the buyer in the confirmed order.

7.6. The cost of delivery of the goods is borne by the Buyer. The cost of delivery depends on the total price of the ordered goods, the form of delivery and the form of payment.

HANDOVER OF THE VEHICLE AND VEHICLE DOCUMENTS

8.1. The Client may order the Company to deliver the Vehicle to the address indicated by the Client or collect the vehicle at the Company’s Registered Office indicated above in point 1 of the Terms and Conditions. If the Customer decides to deliver the Vehicle to the indicated address, the Service Provider will inform the Customer about the possible delivery date and set the delivery date.

8.2. If the Client decides to pick up the Vehicle at the Company’s headquarters, the Service Provider will inform the Client about the availability of the Vehicle at the collection point. A date for the handover of the Vehicle is set.

8.3. At the time of handing over the Vehicle, the Customer must identify himself with his identity document. If the Vehicle is delivered to or picked up by a third party, the third party must provide a power of attorney signed by the Customer.

8.4. The transfer will not take place as long as there are outstanding claims under the Sales Agreement.

8.5. In the event of the Client’s delay in collecting the Vehicle, the Company may charge compensation – a fee for non-contractual use of the parking space in the amount of 25.00 EUR gross for each subsequent day or part thereof. The customer has the opportunity to prove that less damage was actually suffered in this context or that no damage occurred at all. The Service Provider reserves the right to seek compensation for further losses incurred.

8.6. At the time of handover, a handover report of the Vehicle is drawn up. At the time of handover, the Customer should inspect the Vehicle for external defects and, if they notice such defects, enter them in the report.

9 VEHICLE REGISTRATION

9.1. The Customer must register the Vehicle on his/her own. The Company does not provide vehicle registration services.

9.2. All documents required for the registration of the Vehicle will be sent to the Client at the

address indicated in the Sales Agreement or issued for collection at the Company’s Head Office only after the payment of the full purchase price of the Vehicle has been booked.

CONSUMER COMPLAINTS

10.1. The seller is liable to the consumer and the entrepreneur on consumer rights for the compliance of the goods with the concluded sales contract, to the extent specified in the Civil Code.

10.2. If the goods are found to be non-conformity with the contract before the end of the seller’s liability period, i.e. two years from the date of delivery of the goods, the consumer or entrepreneur with consumer rights is obliged to notify the seller of the situation, at their own option:

by sending or delivering in person a notice to the postal address of the trader’s registered office or premises;
by sending a notice to an e-mail address;
orally for the record at the trader’s registered office or premises.

10.3. For notices, a consumer or an entrepreneur with consumer rights may use the template attached to the Terms and Conditions. A consumer or an entrepreneur with consumer rights may submit any other unambiguous notification, where at least the following are indicated: name, surname and address of the complainant, specification of the complained goods, to the extent appropriate for a given type of goods (e.g. name, manufacturer, color, size), proof of purchase of the complained goods, a description of the non-conformity of the goods and the date on which the defect was noticed, and, if applicable, also the circumstances justifying the complaint, the complainant’s request, the date of filing the complaint, the signature of the complainant, if the notification is sent by e-mail, consent to the processing of the complainant’s e-mail address by the entrepreneur.

10.4. In order to enable the Seller to consider the complaint, the consumer or entrepreneur with consumer rights is obliged to send the complained goods back to the Seller’s registered office or hand them over to the Seller or a person authorized by the Seller to collect them, without undue delay. If the applicant’s claims are accepted, the Seller shall reimburse the complainant for the delivery costs incurred.

10.5. If the goods are not in conformity with the contract, the Buyer may demand a reduction in the price or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the seller or the seller has not complied with the obligation to replace the item with a defect-free one or to remove the defect. The reduced price should be in proportion to the price resulting from the contract in which the value of the defective item remains to the value of the item without the defect.

10.6. A consumer or an entrepreneur with the rights of a consumer may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free one, or instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. The assessment of excessive costs shall take into account the value of the goods in conformity with the contract, the nature and degree of non-conformity found, and the inconvenience to which the consumer or trader would be exposed to a consumer’s rights by a means of satisfaction other than the one sought by him.

10.7. The buyer cannot withdraw from the contract if the defect is insignificant.

10.8. Regardless of the complaint procedure, a consumer or an entrepreneur with consumer rights has the right to access out-of-court complaint handling procedures and appeals.

10.9. If the Seller does not accept the complaint and the Consumer or entrepreneur with consumer rights does not agree with the Seller’s decision, the Seller may apply for mediation or resolution to an arbitration court. There is also the possibility of out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts concluded between consumers and traders at EU level, using the ODR Platform, which is an access point for consumers and entrepreneurs wishing to settle disputes covered by Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. The ODR platform at http://ec.europa.eu/consumers/odr is an interactive website that can be accessed electronically and free of charge in all official languages of the Union institutions.

RETURNS, EXERCISING THE RIGHT OF WITHDRAWAL

11.1. A consumer and an entrepreneur with consumer rights have the right to withdraw from a distance contract for a period of 14 (fourteen) days without giving reasons and without incurring any costs.

11.2. The time limit starts to run from the date on which the consumer or entrepreneur with consumer rights or a third party other than the carrier and indicated by the consumer or entrepreneur with consumer rights came into physical possession of the goods.

11.3. A consumer or an entrepreneur with consumer rights is obliged to inform the Entrepreneur about his decision in this respect within the period of the period of withdrawal from the agreement.

11.4. A declaration of a consumer or an entrepreneur on the rights of a consumer does not require a special form. For this purpose, it is sufficient to use the model withdrawal form specified in the Appendix to the Terms and Conditions or to submit an explicit statement. The withdrawal period is deemed to have been met if the consumer or entrepreneur with consumer rights has sent a statement of exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof in this regard lies with the consumer or trader on the rights of the consumer.

11.5. In the event of withdrawal from the agreement, the Seller shall reimburse, without undue delay, all amounts received from the consumer or entrepreneur with consumer rights, but no later than within 14 days from the date on which he was informed of the decision of the consumer or entrepreneur with consumer rights to withdraw from the agreement. The refund also applies to the costs of delivery of the goods incurred by the Buyer, with the refund being the cost of the cheapest ordinary delivery of the goods.

11.6. The seller may withhold the reimbursement of payments received from a consumer or entrepreneur with consumer rights until the item is received or the consumer or entrepreneur provides proof of its return.

11.7. The Seller shall refund the payment using the same method of payment as used by the consumer or entrepreneur with consumer rights, unless the consumer has expressly agreed to another method of reimbursement that does not entail any costs for him.

11.8. A consumer or entrepreneur with consumer rights who has withdrawn from the contract is obliged to send back the goods or hand them over to the seller or a person authorized by him to collect them, without undue delay, no later than 14 days from the date on which he informed the seller of the decision to withdraw from the contract. This deadline shall be deemed to have been complied with if the consumer or trader with consumer rights returns the ordered goods before the expiry of the fourteen-day period.

11.9. Returned goods should be in an unaltered condition, unless the change was necessary within the limits of proper familiarization with the goods. A consumer or an entrepreneur with the rights of a consumer bears responsibility for a decrease in the value of an item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item. A consumer or a trader with consumer rights is liable for a reduction in the value of the goods that occurred from the date on which he came into physical possession of the goods or from the date on which a third party other than the carrier and designated by the consumer or entrepreneur with consumer rights came into physical possession of the goods and resulting from improper handling of the goods to a greater extent than necessary to establish the nature, the nature or mode of operation of the goods.

SERVICE PROVIDER’S WARRANTY

12.1. The Service Provider informs that it provides a warranty for certain Goods being the subject of the Contract of Sale (i.e. for “Goods with the Service Provider’s Guarantee”).

12.2. Goods with the Service Provider’s Guarantee are marked on the Website as covered by the warranty and are provided with appropriate information.

12.3. The terms and conditions of the warranty for individual Goods with the Service Provider’s Guarantee are posted on the Website subpage, next to the given Goods.

12.4. The User may exercise the rights resulting from the Service Provider’s liability for the conformity of the Goods with the Sales Contract regardless of the rights resulting from the warranty.

COMPLAINTS REGARDING THE PROVISION OF SERVICES

13.1. The User is entitled to submit complaints regarding the provision of Services by the Service Provider.

13.2. A complaint may be delivered to the Service Provider in any way, including:

sent by e-mail to the Service Provider’s e-mail address indicated in point 1. Rules
delivered to the Service Provider in writing, e.g. by sending it by courier or by letter to the Service Provider’s address indicated in the Terms and Conditions or submitted in writing at the Service Provider’s premises at the address indicated in point 1 of the Terms and Conditions.

13.3. A complaint should contain at least: the name and surname of the person submitting the complaint and a description of the reason for the complaint.

13.4. The Service Provider shall consider the complaint within 14 (fourteen) days from the date of its receipt.

13.5. Immediately after considering the complaint, but no later than within the time limit indicated in section 11.4 above, the Service Provider shall provide the User with a response to the complaint. The response will be sent to the e-mail address or delivery address provided by the User in the complaint. In the event that the complaint does not contain data allowing the User to send a response to the complaint, it will remain to be collected by the User at the Service Provider’s premises at the address indicated in section 1.1 of the Terms and Conditions.

LIABILITY TO ENTREPRENEURS

14.1 In the case of Clients who are not Consumers or Entrepreneurs with Consumer Rights, the Company’s liability is limited only to:

intentional fault and
actual damage directly suffered as a result of loss of life, bodily injury or health disorder, up to an amount not exceeding PLN 1.000.

14.2. The Company excludes its liability for non-conformity of the goods with the contract (exclusion of warranty) for all buyers who do not have the status of a Consumer or an Entrepreneur with Consumer Rights. In this respect, the Company does not conclude contracts on different terms of the buyer and any different provisions of the customer’s General Terms and Conditions of Purchase do not apply.

14.3. If the Customer discovers a non-compliance with the contract after the Vehicle has been handed over, the Customer should inform the Company. The Company declares that it will remedy any non-compliance with the agreement. The Company may require the Client to provide photos or video recordings that will document the defect – in order to speed up the complaint process.

14.4 To file a complaint, you must:

send or deliver in person a notice to the postal address of the Company’s registered office or premises, or
by sending a notice to the Company’s email address.

14.5. The initial verification of the condition of the Vehicle and the reported non-conformities or defects takes place in the Company’s workshop. In such a case, a buyer who is not a Consumer or a Buyer with Consumer Rights should deliver the vehicle to the Company’s Registered Office, unless this would be a manifestly inexpedient action in a given case. The Company will carry out an initial verification of the Vehicle and the Customer’s claims and, if this happens, will take the necessary actions. After the delivery of the Vehicle, the complaint decision and the expected duration of the repair work are communicated to the Customer without undue delay.

15 RESERVATION OF OWNERSHIP

15.1. The Goods shall remain the property of the Seller until the Seller’s receivables under the Sale Agreement are settled (reservation of ownership of the sold item).

15.2. For the duration of the reservation of ownership of the sold item, the Seller has the right to possess the Vehicle documents. Upon full payment, the Company will send the Vehicle documents to the Customer.

15.3. As long as the reservation of ownership of the sold item remains in force, the Customer may neither dispose of the object of sale, encumber nor contractually grant the right of use to third parties, unless the Customer and the Seller agree otherwise in writing, otherwise it will be null and void.

GDPR NOTICE

16.1 Pursuant to Article 13 of Regulation (EU) 2016/678 of the European Parliament and of the Council of 27 April 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 (OJ L 2016 No. 119), (hereinafter referred to as “GDPR”), the Seller informs that: The Personal Data Administrator is: Vintage Tractors Volker Merx sp. k. with its registered office in Kuchary Kościelne (Kuchary Kościelne 29A, 62-570 Rychwał), entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001016854, with NIP: 6653054010 and REGON: 524340670 (hereinafter referred to as the “Service Provider”, “Seller” and “Company”).

16.2. The User and any other person may communicate with the Service Provider using the contact details provided in section 1.1 above and the following contact details:

16.2.1. E-mail address: info@vintage-tractors.com,

16.2.2. Website: https://vintage-tractors.com,

16.3 Customers and Users have the option to contact the data controller at any time for all questions regarding the protection of personal data by sending an e-mail to info@vintage-tractors.com,

16.4 Further details with regard to the use of the data and in relation to the rights arising therefrom can be found in the provisions of the Privacy Policy available at https://vintage-tractors.com/data-privacy-policy/ and the Cookies Policy available at https://vintage-tractors.com/cookie-policy/.

FINAL PROVISIONS

17.1. In matters not regulated in the Regulations, the provisions of Polish law shall apply, excluding the application of the New York Convention of 14.06.1974. on the statute of limitations in the international sale of goods (Journal of Laws of 1997, No. 45, item 282).

17.2. All product names posted on the vintage-tractors.com website are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).

17.3. These Terms and Conditions are made available free of charge, at any time, via the activation link on the website https://vintage-tractors.com, and in the order basket (before concluding a contract). It is possible to print it out or save it as a file.

17.4. The seller reserves the right to change the terms and conditions. The amendment does not affect the rights of persons who placed an order or concluded a sales contract before the amendments to the terms and conditions were made.

17.5 If any individual provisions of these Terms and Conditions are or become invalid or ineffective, in whole or in part, or contain any gaps, this shall not affect the validity of the remaining provisions and/or the remaining parts of the Terms and Conditions.

17.6 Any disputes between the Company and Service Recipients and Buyers, who are not consumers or entrepreneurs with consumer rights, arising under or in connection with these Terms and Conditions or the services and goods offered by the Company, shall be resolved exclusively by the Polish court with local jurisdiction for Konin. The above provision does not apply in disputes with consumers and entrepreneurs with consumer rights.