1. General provisions
    1. These Terms and Conditions specify the general conditions and ways of provision of Services electronically and selling via the Online Shop www.caterpillar.wibako-diesel.pl. The Shop is operated by “WIBAKO” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (limited liability company), with its registered office in Kojszówka 254, 34-231 Kojszówka, entered into the Register of Entrepreneurs maintained by the District Court for Krakow-Śródmieście in Krakow, XII Commercial Division of the National Court Register, under KRS No. 0000293931, Taxpayer Identification Number (NIP): 5521666508, National Official Register of Business Entities (REGON) number: 120576320, Product, Packaging and Waste Management Database Registry (BDO) number: 000124940 with the share capital of PLN 500,000.00, hereinafter referred to as the Seller.
    2. The Seller may be contacted by:
      1. email: caterpillar@wibako-diesel.pl,
      2. phone: +48 (33) 8704200,
      3. contact form available on the Online Shop website.
    3. These Terms and Conditions are always available at the website www.caterpillar.wibako-diesel.pl, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
    4. The Seller informs that taking advantage of Services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers' data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
  2. Definitions
    The terms used in these Terms and Conditions shall have the following meaning:
    1. Business Days – these shall be the days from Monday to Friday, excluding public holidays;
    2. 2Customer – entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code, excluding natural person, concluding an agreement directly related to its business activity, but without professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions of Central Registration and Information on Economic Activity;
    3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
    4. Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop;
    5. Entrepreneur – the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
    6. Carrier – the legal person delivering the Goods ordered by Customer;
    7. Terms and Conditions – this document;
    8. Goods – the product presented in the Online Shop, with its description available with each of the presented products;
    9. Sales Agreement – a Sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
    10. Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
    11. Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
    12. Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.
  3. Terms of Use for the Online Shop
    1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
      1. a computer or a mobile device with access to the Internet,
      2. access to electronic mail,
      3. a browser Internet Explorer - version 11 or newer, Firefox - version 28.0 or newer, Chrome - version 32 or newer, Opera - version 12.7 or newer, Safari - version 1.1 or newer,
      4. Cookies and Javascript turned on in the web browser.
    2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
    3. The Customer shall be obliged in particular:
      1. not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties,
      2. to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices,
      3. not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop,
      4. to use the Online Shop so as not to disturb other Customers and the Seller,
      5. to use all the content within the Online Shop solely for one’s own personal purposes,
      6. to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
  4. Services
    1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
    2. The Service which involves maintenance of an Account in the Online Shop shall be available upon registration. To register it is required to fill out and accept the registration form available on one of the Online Shop websites. The agreement for the provision of Service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account” (Polish: “Usuń Konto”).
    3. The Customer may check the valuation of the delivery of the Goods by himself using the form available on the Goods pages. The agreement for the provision of service which involves availability of an interactive form enabling the valuation of the delivery of the Goods shall be concluded for a definite period and shall be terminated when the “Calculate” button is selected.
    4. The Customer, after using the Service of self-checking valuation of the delivery of the Goods, may send the Seller a request for an individual valuation. The agreement for the provision of service which involves availability of an interactive form for the purpose of contacting the Seller regarding the delivery of the Goods presented on the Shop's websites shall be concluded for a definite period and shall be terminated when the dedicated button is selected.
    5. The valuations referred to in point. 3 and 4 are not binding.
    6. The Customer who has an Account, after logging in to it, may add Goods to the storage space. The agreement for the provision of service which involves availability to add Goods to the storage space shall be concluded for a definite period and shell be terminated when the Goods are removed from the list of Goods added to the storage space or the Customer ends the browser session.
    7. The Customer, on the Goods pages, may send messages to the Seller using the contact form "Contact us". The agreement for the provision of service which involves availability of an interactive form allowing Customers to contact the Seller shall be concluded for a definite period and shall be terminated when the Customer sends a message to the Seller.
    8. The Customer, using the contact form available on the Shop website, may send his contact number and e-mail address in order to get a contact from the Seller regarding the Goods presented on the Shop website. The user sends the form to the Seller selecting the "Send" button.
    9. The Customer may use the contact form to send a message to the Seller. The agreement for the provision of service which involves availability of an interactive form allowing Customers to contact the Seller shall be concluded for a definite period and shall be terminated when the Customer sends a message to the Seller.
    10. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
    11. If the Customer breaches these Terms and Conditions, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may terminate the agreement for the provision of Services upon a 14 days’ notice.
  5. The Conclusion Procedure for the Sales Agreement
    1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
    2. All the Goods available in the Online Shop are brand new and free of physical and legal defects, except for used Goods, which may have defects indicated in the description of the Goods. All the Goods have been legally introduced to the Polish market.
    3. Activities aimed at concluding the Sales Agreement by the Entrepreneur, in particular placing an Order, may be performed only by persons duly authorised to act on behalf of the Entrepreneur. The person placing the Order shall be deemed to be the person authorised by the Entrepreneur to do so.
    4. To use the Order form referred to in point 5 and to place an Order, an active electronic mail account is required, as well as Account in the Online Shop.
    5. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends - to the electronic mail address provided by the Customer - a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
    6. The Order may be placed in the Online Shop by telephone, by electronic mail or by contact form on Business Days and in the hours indicated on the Online Shop website. In order to do that, the Customer should:
      1. provide - in the electronic mail addressed to the Seller - the name and amount of the Goods presented on the Shop website,
      2. select the form of delivery and method of payment from the forms of delivery and methods of payment specified on the Shop website,
      3. provide the information required for processing of the Order, in particular: name and surname, place of residence and electronic mail address.
    7. The information about the total value of the Order is always provided by the Seller orally after completing entire Order or via electronic mail together with the information that the Customer’s conclusion of the Sales Agreement imposes an obligation to pay for the ordered Goods, and at this moment the Sales Agreement is concluded.
    8. After the conclusion of the Sales agreement, the Seller shall confirm the Customer its terms by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
    9. The sales Agreement shall be concluded in Polish and its provisions shall correspond to the Terms and Conditions.
    10. The Seller reserves the right to refuse the execution of the Order placed by the Entrepreneur, in particular if the Order does not contain all relevant data, if the entrepreneur is in delay with any payment or for other reasons indicated by the Seller.
    11. The Seller shall inform the Entrepreneur of any refusal to execution of the Order, for whatever reason, by telephone or e-mail.
  6. Delivery
    1. Delivery of the Goods shall be payable on the terms and in the amount specified in the Order.
    2. The Goods shall be delivered to the address indicated by the Customer during the placement of the Order.
    3. The Goods shall be supplied by the Carrier, i.e. via a courier company, postal operator. The may pick up the Goods at the Seller's personal collection point.
    4. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
    5. Upon release of the Goods indicated in the Order to the Carrier, the benefits and burdens connected with the Goods as well as the risk of accidental loss or damage to the item shall pass to the Customer.
    6. Delivery shall be made on Business Days during Carrier's working hours. The Seller may individually agree with the Customer on delivery on days other than Business Days.
    7. Delivery of the Goods will be performed on the date specified by the Seller.
    8. Upon receiving the Goods, the Customer shall be obliged to check their condition. If any damage is found or if there are any other reservations during the receipt of the Goods, a protocol specifying the reservations should be made in the presence of the Carrier, precisely stating the amount and kind of Goods as well as their damage, in accordance with the procedure applied by the given Carrier.
    9. The Seller shall not be liable for the Carrier's actions.
    10. The Seller shall not be liable for any damage arising out of incorrect information provided by the Customer when placing the Order, resulting from errors in the contact information or the address for delivery.
    11. It is assumed that the person who receives the Goods on behalf of the Customer is the person authorized by him to receive the delivery and to sign the delivery note on his behalf, and also to perform other actions connected with it.
    12. If the Customer once fails to receive the Ordered Goods, if they are delivered by a Carrier, the Seller shall have the right, at its discretion, to: (i) set a different date for receipt or delivery of the Order, or (ii) terminate the Agreement with the Customer with immediate effect, or (iii) withdraw from the Agreement, on the principles set out herein. Moreover, the Customer shall be obliged to pay the costs incurred by the Seller for the failure to collect the Goods, as described in this Subparagraph.
    13. The Customer shall pay all costs incurred by the Seller for failure to collect the ordered Goods by the Customer.
    14. The Seller shall not be liable for any damage caused to the Customer as a result of waiting for loading by means of transport organized by Customer, being a result of failure to comply with the date of receipt of the Goods specified in the Order or specified by the Seller.
  7. Prices and methods of payment
    1. The prices for the Goods are provided in polish zloty and they include all the components like VAT, customs duties and other fees .
    2. The Customer may choose the following payment methods:
      1. bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
      2. bcash upon personal pick-up - payment at the Seller’s personal pick-up point (in this case the Order shall be processed immediately after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be released at the Seller’s personal pick-up point);
      3. cash, COD - payment to the delivery service at the moment of collection (in this case the processing of the Order and its dispatch shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Order is completed);
      4. electronic payment (n this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
    3. In the case of the payment method referred to in point 2c, the total price of the Goods including delivery costs may not exceed PLN 10,000 gross.
    4. On the Shop websites, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller - after a prior ineffective cease and desist letter setting an appropriate deadline - may withdraw from the Sales Agreement under Article 491 of the Civil Code.
    5. The Entrepreneur shall not withold or deduct any amounts claimed from the Seller under any other obligation that binds him to the Seller or from the Seller's remuneration due to the Customer, unless the Parties have agreed otherwise under separate arrangements.
    6. The Seller shall have the right to withhold the completion of Orders or delivery of Goods or may withdraw from the Agreement in whole or in part in case of delay in payment by the Entrepreneur to the Seller. The Entrepreneur shall not be entitled to any present or future claims for damages or lost profits that may result from the suspension of deliveries.
  8. The right to withdraw from the Agreement
    1. The Seller may at any time withdraw from the Sales Agreement concluded with the Entrepreneur in whole or in part. If the Order is executed in parts, the withdrawal shall have effect only in relation to the part of the Order which has not been executed, in particular, which has not been issued to the Carrier, unless the Seller's statement of withdrawal indicates otherwise.
    2. The Seller, according to his choice, shall send the notice of withdrawal referred to in point 1 above to the e-mail address indicated by the Customer in the Order.
    3. The Customer, with the consent of the Seller, may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days.
    4. Goods, in particular new and reconditioned goods, must not bear any traces of use.
    5. The terms of returns are agreed individually with the Seller.
  9. Exchange
    1. The Seller provides the Customer with the possibility of exchanging the Goods within 14 days from the date of its delivery. The request for exchange can be submitted to the following e-mail address: caterpillar@wibako-diesel.pl or by phone: +48 (33) 8704200.
    2. Exchange of Goods is possible only for the Goods currently available on the Seller's website.
    3. In order to exchange the Goods, the Customer should fill in and sign the exchange form available on the Shop's website, properly secure the shipment, and attach a proof of purchase. The exchanged Goods should be sent to the Seller by registered parcel. The cost of returning the Goods to the Shop and shipping the new Goods to the Customer shall be borne by the Customer.
    4. The Seller will contact the Customer if the Goods to be exchanged were no longer available. The Customer will be eligible to choose another Goods or withdraw from the exchange. In case of withdrawal from the exchange, the Goods are returned to the Customer at his expense.
    5. In the case of exchange for Goods with a lower price, the money will be returned within 14 days using the same method of payment as used by the Customer when purchasing the Goods.
    6. In the case of exchange for Goods with a higher price, the Seller shall replace the Goods after recording the payment of an amount equal to the difference in prices. In order to speed up the exchange process, the Customer may attach a transfer confirmation to the shipment.
    7. Goods are subject to exchange, in particular used and reconditioned goods, intact, showing no signs of use. The Seller refuses the Customer to replace the Goods if the Goods are damaged or shows signs of having been used.
  10. Warranty for defects
    1. Warranty for defects as set out in the Civil Code is excluded.
    2. The Seller shall not be liable, in particular, in case of storing, transporting or using the Goods contrary to the information contained in the description and labels of the Goods.
    3. The Seller's liability for lost profits towards the Customer shall be excluded.
    4. Any liability of the Seller arising on the basis of the Sale Agreement or provision of services to the Customer shall be limited to half of the amount of the last Order placed by the Customer.
    5. The Customer shall not be entitled to raise any claims against the Seller on the basis of claims of third parties connected to the use of the Goods.
  11. Complaints for electronic services
    1. The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: "WIBAKO" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Kojszówka 254, 34-231 Kojszówka, Poland to the electronic mail address: caterpillar@wibako-diesel.pl, phone number: +48 (33) 8704200.
    2. In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
    3. The Seller undertakes to process each complaint within 14 days, and if this is not possible - to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
  12. Guarantees
    1. The Goods may possess the guarantee of the Seller.
    2. For the Goods covered by a guarantee, the information regarding the existence and contents of the guarantee, and also the time for which it has been concluded is always presented on the Shop websites.
  13. Intellectual Property
    1. The Customer being the Entrepreneur undertakes not to use the Seller's trademarks or symbols without the prior consent of the Seller.
    2. Any drawings, specifications, technical cards, advertising materials or other materials available to the Customer or to the public shall be the sole property of the Seller. The Customer shall not make any modifications to these materials without prior consent of the Seller.
    3. The Entrepreneur, independently or pursuant to appropriate authorization, grants to the Seller, free of charge, non-exclusive, unlimited in time and territory license to use the Entrepreneur’s logotype for Seller’s own purposes in the following fields of use: recording, multiplying by any means, storing the work in computer memory and on the computer network, displaying or playing in public on the Internet, and in particular on the Seller's website.
    4. The Customer agrees to include the above data in the list of the Seller's customers, available on the Seller's website.
  14. Protection of personal information
    1. The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy available on the Shop website.
  15. Final Provisions
    1. The Customer is obliged to immediately notify to the Seller of any changes in the addresses for delivery, authorisations and powers of attorney, under sanction of recognizing correspondence as valid and execution of Orders placed by previously authorized persons and recognizing as effective delivery to the last indicated address.
    2. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
    3. If any provision of these Terms and Conditions is found by law to be invalid, illegal or unenforceable in any respect, it shall not affect the validity of the remaining provisions of these Terms and Conditions.
    4. All disputes arising from Orders or Agreements concluded between the Seller and the Customer, in particular those related to the determination of the existence of a legal relationship between the Seller
    5. The court exclusively competent to resolve any disputes arising from contracts or orders concluded between the Seller and the Customer shall be the court competent for the seat of the Seller.
    6. The matters not provided in these Terms and Conditions shall be governed by the provisions of the Civil Code.
    7. The content of the Terms and Conditions may change. Amendments to the Terms and Conditions enter into force on the day of its publication on the Seller's website. The changes do not apply to Orders placed before the entry into force of the Terms and Conditions.
  16. Shared files
    1. Complaint related to electronic provision of services
    2. Form of withdrawal from sales agreement
    3. Form of withdrawal from the agreement of Services

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