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From 1 January 2020, in order to receive an invoice, the Customer is required to identify themselves as a taxpayer (business entity) at the time of sale.
If this information is not provided, the sale is recorded on a fiscal device (cash register).
In the situation described, if the buyer later requests an invoice, the Customer can receive it only as a private individual (consumer).
Governing regulation: Journal of Laws 2004 No. 54, item 535 — Act of 11 March 2004 on Goods and Services Tax (VAT).
TERMS AND CONDITIONS OF THE ONLINE STORE WWW.SMOK.COM.PL
§1. Definitions
ADMINISTRATOR – Blue Angels import–export, Mirosław Dudek, ul. Młynarska 13, unit A/B 3, 64-920 Piła, Poland.
CHECK-BOX – a small rectangular selection button that can be checked by clicking it with the left mouse button or on a touch interface.
COOKIES – electronic data collected by the web browser in the memory of the device used by the User.
CIVIL CODE – the Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
CONSUMER – a natural person performing a legal act with an entrepreneur that is not directly related to that person’s business or professional activity.
BUYER – a natural person, legal person, or organizational unit without legal personality that is granted legal capacity by statute, purchasing products from the Seller.
RECEIPT OF THE PRODUCT – the moment the Buyer or a third party indicated by the Buyer, other than the carrier, takes possession of the product.
POLISH LAW – the generally applicable legal provisions in the territory of the Republic of Poland.
PRODUCT – software or a thing (item) that is the subject of a sales contract between the Buyer and the Seller.
ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality that is granted legal capacity by statute, conducting business or professional activity in their own name, performing a legal act related to that activity.
TERMS AND CONDITIONS – this document constituting a model contract, under which the Seller concludes agreements with Buyers, in particular setting out the terms of sale of products by the Seller and fulfilling the statutory information obligations towards Users.
COMPLAINT – a claim arising from the Consumer’s assertion that a product is defective, including withdrawal from the contract concluded with the Seller or the Consumer’s demand for a price reduction or for repair or replacement of the product with a new one.
STORE – the business using the website www.smok.com.pl to enable Users to learn about the Seller’s activity and to conclude distance sales contracts with the Seller.
SELLER – the owner of the Store — Mirosław Dudek, conducting business under the name BLUE ANGELS IMPORT EKSPORT, MIROSŁAW DUDEK, with its registered office in Piła, ul. Młynarska 13, unit A/B 3, 64-920 Piła, NIP (Tax ID) 7641742963, REGON 572056345, entered in the Central Registration and Information on Business (CEIDG).
PARTIES – the Buyer and the Seller.
CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
USER – a natural person, legal person, or organizational unit without legal personality that is granted legal capacity by statute, using the website www.smok.com.pl.
§2. General Provisions
The Store www.smok.com.pl is engaged in trading products, including devices and software in the field of automotive electronics, using means of distance communication.
The minimum technical requirements necessary to cooperate with the ICT system used by the Seller are as follows:
- display resolution of at least 1024×768 pixels,
- connection to the Internet,
- a properly installed web browser supporting HTML5,
- JavaScript and cookies enabled,
- an active e-mail inbox.
The Seller informs that placing an order in the store www.smok.com.pl requires reading these Terms and Conditions and submitting a statement of acceptance by ticking the relevant check-box. However, this statement of acceptance is not absolutely binding for Consumers (i.e., the provisions of the Terms and Conditions may not infringe Consumer rights arising from mandatory provisions of Polish law, nor may they shape the Consumer’s rights and obligations contrary to good practice in a way that grossly violates the Consumer’s interests). These Terms and Conditions are absolutely binding on Buyers who are not Consumers.
All product prices posted on www.smok.com.pl are given in Polish zloty (PLN) and include VAT.
Users are prohibited from providing unlawful content to the online store.
For contracts concluded with Customers who are Consumers and have their habitual residence outside the Republic of Poland, in matters not regulated herein, the applicable law shall be the generally applicable legal provisions in the territory of the Republic of Poland. The application of Polish law does not deprive the Consumer of the protection afforded by provisions that cannot be excluded by contract under the law of the state of the Consumer’s habitual residence.
As to the form of contracts concluded with Consumers having their habitual residence outside the Republic of Poland, the law in force in the state of the Consumer’s habitual residence shall apply.
For the content and form of contracts concluded with Customers who are not Consumers and have their registered office outside the Republic of Poland, in matters not regulated herein, exclusively the generally applicable legal provisions in the territory of the Republic of Poland shall apply.
§3. Placing and Fulfilling Orders for Products
Orders from Users are accepted via the website www.smok.com.pl, 7 days a week, 24 hours a day.
To place an order, go to the “Offer” tab and select the preferred product by adding it to the virtual cart. Then provide the personal data necessary to process the order: first name, last name, address, city, postal code, phone number, telephone, e-mail address. Next, select the preferred delivery option and payment method. After completing these steps, click “Order with an obligation to pay” (by clicking this field, the sales contract is concluded). After concluding the sales contract, the Buyer receives an e-mail from the Seller confirming the conclusion of the sales contract together with these Terms and Conditions attached in PDF format.
For orders of products other than computer software and where bank transfer is selected as the payment method, the product is shipped after the Parties confirm the order content by phone and after funds are credited to the bank account indicated by the Seller after the Buyer places the order. If a payment method other than bank transfer is selected, a telephone confirmation of the order content by the Parties is sufficient.
Available payment methods in the store are as follows:
- cash on delivery upon receipt from the courier,
- bank transfer, including:
- transfer directly to the Seller’s bank account,
- fast electronic transfer via paypal.pl (owned by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg),
- cash upon personal collection at the Store’s office: ul. Młynarska 13, unit A/B 3, Piła.
If the Buyer selects fast electronic transfer via paypal.pl as the payment method, the Buyer bears an additional cost corresponding to the fee charged to the Seller by the operator of paypal.pl for enabling the fast transfer. This additional cost is 4% of the ordered product price.
If the Buyer selects Poczta Polska S.A. as the carrier, the maximum delivery time is … business days from the date the product is dispatched by the Seller.
If the Buyer selects DHL Express (Poland) Sp. z o.o. as the carrier, the maximum delivery time is … business days from the date the product is dispatched by the Seller.
§4. Delivery of the Product
In the event of damage to the shipment in transit, the Seller recommends—if not unduly burdensome for the Buyer—requesting the carrier to draw up a damage report. If a damage report is prepared, the Seller asks the Buyer to keep this document, as it may contribute to a faster handling of the Buyer’s complaint by the Seller.
Please direct any shipping-related questions to info@smok.com.pl or by phone at +48 602-867-075.
The current costs of delivery methods available in the store are displayed to the User after going to the virtual cart, before placing an order. Merely viewing the cart and checking delivery costs does not oblige the User to place an order and is not binding.
§5. Right of Withdrawal
In accordance with the Consumer Rights Act, a Buyer who is a Consumer may, without giving any reason, withdraw from a distance contract with the Seller within 14 (fourteen) days from the date of receipt of the product. The right of withdrawal from a contract concluded off-premises or at a distance does not apply to contracts for:
- the supply of digital content not supplied on a tangible medium, where performance has begun with the Consumer’s explicit consent before the expiry of the withdrawal period and after the trader has informed the Consumer of the loss of the right of withdrawal (e.g., using an activation code to activate software on a device).
The Consumer loses the right of withdrawal at the moment the software activation key is used to activate the software, as this constitutes the start of performance consisting in making digital content available.
Using the software activation key is tantamount to the Consumer’s consent to the loss of the right of withdrawal.
The Consumer may submit the withdrawal statement to the Seller either electronically (by sending an e-mail with the statement to info@smok.com.pl) or by sending a written statement on paper by traditional post. The Consumer may use the statutory template form set out in Annex 2 to the Consumer Rights Act. The Seller provides the template here.
The Consumer must send the product back to the Seller within 14 days from the date of withdrawal, to: ul. Młynarska 13, unit A/B 3, 64-920 Piła.
If the Consumer withdraws from the contract, the Seller shall refund all payments received from the Consumer (including delivery costs) within 14 days from the date of withdrawal, except for additional costs arising from the Consumer’s choice of a delivery method other than the least expensive standard delivery method available in the store. However, pursuant to Article 32(3) of the Consumer Rights Act, the Seller may withhold the refund until the product is received back or the Consumer provides proof of its return, whichever occurs first.
The costs of returning the product to the Seller are not reimbursed to the Consumer.
The Seller will make the refund using the same payment method used by the Consumer, unless the Consumer expressly agrees to a different method that does not incur any costs for the Consumer.
The Seller kindly asks the Consumer—if not unduly burdensome—to attach to the withdrawal statement or to the returned product a copy of the receipt or VAT invoice or other proof of the transaction, as this may help accelerate the refund process. If the receipt or VAT invoice has been lost and no other proof of the transaction is available, the Consumer is asked to attach a traditional written statement declaring the loss of the receipt or VAT invoice. A template statement of loss of receipt is available here.
The right of withdrawal without giving reasons does not apply to Buyers who do not have Consumer status.
§6. Product Complaints
The Seller is liable to the Buyer who is a Consumer for product defects to the extent provided by generally applicable law, in particular the Civil Code provisions on statutory warranty (Articles 556 – 576(4) of the Civil Code).
A Consumer may submit a complaint in any form (e.g., by phone at +48 602-867-075, in traditional written form to the address indicated in item 5 of this paragraph, or by e-mail to info@smok.com.pl). For practical reasons, written or e-mail form is most recommended.
The Seller recommends—if not unduly burdensome for the Consumer—using the complaint form when submitting a complaint. Use of the form is not necessary for the Seller to consider the complaint, but may help speed up the procedure.
The Seller will respond to the Consumer’s complaint requests without undue delay, but no later than within 14 days from the date the complaint is submitted by the Consumer.
The product subject to the complaint should be sent to:
Mirosław Dudek
smok.com.pl
ul. Młynarska 13, unit A/B 3
64-920 Piła
A Consumer may submit complaints under the statutory warranty for a period of 2 years from the date of receipt of the product.
The Seller kindly asks the Consumer—if not unduly burdensome—to attach to the complained product a copy of the receipt or VAT invoice or other proof of the transaction, as this may help speed up complaint handling. If the receipt or VAT invoice has been lost and no other proof of the transaction is available, the Consumer is asked to attach a traditional written statement declaring the loss of the receipt or VAT invoice. A template statement of loss of receipt is available here.
For distance contracts concluded with a Buyer who is an Entrepreneur, the Seller’s liability under the statutory warranty is excluded.
§7. Privacy Policy
The controller of Buyers’ personal data is Blue Angels import eksport Mirosław Dudek.
Buyers’ personal data are protected by the Administrator in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws 2002 No. 101, item 926, as amended) in a manner preventing access by third parties, unlawful processing, as well as alteration, loss, breach, or destruction. The Administrator safeguards Buyers’ personal data in accordance with Regulation (EU) 2016/679 (GDPR), in particular by storing them on appropriately secured servers and using antivirus software.
Providing personal data by Buyers is voluntary.
Buyers’ personal data are processed by the Administrator solely for the purpose of providing electronic services and performing contracts concluded via the online store www.smok.com.pl, issuing invoices or receipts to Buyers, and keeping financial records. Data are transferred to entities supporting contract performance (e.g., courier companies). Data provided during registration are not used in any other way.
What data do we collect?:
- first and last name or company name: for issuing the sales document and addressing the shipment
- address (street, building/flat number, postal code, city) for addressing the shipment
- e-mail address: for communication related to order processing.
- phone number: for order processing, required by some carriers
- NIP (Tax ID): required for issuing an invoice
When using external payment systems PayPal (Europe) S.à r.l. & Cie, S.C.A or Payu.pl, all data provided after going to the operator’s site are recorded solely in its database
Newsletter subscription:
If you subscribe to the newsletter and consent to receiving it during registration or when placing an order, we ask only for your e-mail address to which commercial information will be sent. You can unsubscribe at any time by logging into your account in smok.com.pl or by clicking the unsubscribe link in the footer of each newsletter
Customers have the right to access, rectify, and request deletion of their personal data. To exercise this right, please contact the Administrator by e-mail (info@smok.com.pl), by phone (+48 602-867-075) or by post (to the Seller’s address indicated in §1).
You have the right to lodge a complaint with the President of the Personal Data Protection Office if you believe that “Blue Angels import eksport” processes or stores data in violation of the GDPR of 27 April 2016.
The website www.smok.com.pl uses session, functional, and statistical cookies. These files are used solely to tailor the website to the individual needs of the website User.
The User may disable cookie storage in the web browser.
The Administrator asks that any questions, requests, and suggestions regarding the protection of Buyers’ personal data be submitted by e-mail (info@smok.com.pl), by phone (+48 602-867-075) or by post (to the Seller’s address indicated in §1).
§8. Legal Issues and Liability
Improper use of the program may violate the laws in force in a given country.
The Seller, distributor, and manufacturer are not liable for improper or unlawful use of the programs.
It is prohibited to use the programs for acts prohibited by law, in particular to falsify or conceal the correct mileage of a vehicle. The part of the software used to set a new odometer value is intended exclusively to repair/correct the vehicle’s mileage indication.
Act of 15 March 2019 amending the Road Traffic Law and the Penal Code:
“Article 306a.
§ 1. Whoever changes the indication of a motor vehicle’s odometer or interferes with the correctness of its measurement shall be subject to imprisonment from 3 months to 5 years.
§ 2. The same penalty shall apply to anyone who commissions another person to commit the act referred to in § 1.”
§9. Final Provisions
For disputes arising from contracts concluded by Consumers with the Seller, the competent court shall be determined in accordance with the provisions of the Code of Civil Procedure. However, under the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25; No. 110, item 1189) and the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws 2001 No. 113, item 1214), a Customer who is a Consumer may submit an application to the Permanent Consumer Arbitration Court at the Provincial Trade Inspectorate. Nevertheless, pursuant to §15 of the above Regulation, such an application is not binding on the Seller (the Seller may, but is not obliged to, agree to have the dispute resolved by the Permanent Consumer Arbitration Court).
For disputes arising from contracts concluded by Entrepreneurs with the Seller, the competent court shall be the court having jurisdiction over the Seller’s registered office.
Pursuant to Article 1836 of the Code of Civil Procedure, in the event of a dispute between the Seller and the Customer, the Customer may submit an application to a permanent mediator to conduct mediation, attaching proof of service of a copy to the Seller. Information on lists of permanent mediators and mediation centers can be obtained at any Regional Court. Furthermore, under the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25; No. 110, item 1189), in the event of a dispute between the Seller and a Customer who is a Consumer, the Consumer may submit an application to the Provincial Trade Inspector for initiation of mediation proceedings.
The Consumer may also use out-of-court dispute resolution by filing a complaint via the EU ODR platform (Online Dispute Resolution) available at: http://ec.europa.eu/consumers/odr/.
In matters not regulated herein, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Consumer Rights Act, the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended), and the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 2002 No. 101, item 926, as amended).
The provisions of these Terms and Conditions do not exclude or limit any rights of Users (including Customers) who are Consumers within the meaning of the Civil Code, to which they are entitled under generally and mandatorily applicable provisions of Polish law. In case of conflict between the Terms and Conditions and such provisions, the latter shall always prevail.
Amendments to these Terms and Conditions may be made only after prior notice to Users who are Consumers of the planned changes no later than seven days before they take effect. Orders placed before the effective date of the amendments will be fulfilled under the version of the Terms and Conditions in force at the time the order was placed.
Promotions in the online store are, as a rule, not combinable unless the promotion rules provide otherwise.
These Terms and Conditions may be reproduced, recorded, and obtained free of charge by printing.
These Terms and Conditions are effective as of 10 May 2016.
