Terms & Conditions


Online Store Regulations

  1.  The Regulations define the general terms, conditions, rules and form of sales by Solaris Bus & Coach sp. z o.o. based in Bolechowo - Osiedle, through the online store www.solarisbus.com/sklep/en/busmania_shop.html (hereinafter referred to as the "Online Store") and define the rules and conditions for provision of free services by electronic means by Solaris Bus & Coach sp. z o.o. based in Bolechowo - Osiedle.

§ 1 Definitions

  1. Working days - mean weekdays from Monday to Friday excluding public holidays.

  2. Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.

  3. Supplier - means a courier company with which the Seller cooperates in the Delivery of Products.

  4. Customer - means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.

  5. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to his or her business activity or profession.

  6. Entrepreneur - means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business activities or pursuing the profession and performing legal transactions directly related to his/her/its business activities or profession.

  7. Regulations – mean these regulations.

  8. Seller – means Solaris Bus & Coach sp. z o.o. with its registered seat in Bolechowo - Osiedle (62-005), ul. Obornicka 46, NIP (Tax Id. No.): 524-00-15-630, REGON (National Business Registry No.): 010498995, entered in the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000856560, with share capital in the amount of PLN 160,169,580.00; part of the CAF Group; e-mail: sklep@solarisbus.com, and at the same time the owner of the Online Shop.160 169 580,00 złotych, będącą częścią grupy kapitałowej CAF; e-mail: sklep@solarisbus.com, będącą jednocześnie właścicielem Sklepu Internetowego.

  9. Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the www.solarisbus.com domain.

  10. Product - means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.

  11. Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.

  12. Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.

 

§ 2 General provisions and use of the Online Shop

  1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller (except for logos and photos placed on the Shop Website for product presentation purposes that are subject to copyright owned by any third party), and may be used only as specified in and in accordance with the Regulations, and upon prior written consent of the Seller.

  2. The Seller shall endeavour to provide access to the Online Shop for Internet Users via all popular web browsers, operating systems, types of devices and types of Internet connections. Minimum technical requirements for use of the Shop Website include a Web browser not older than the following versions: Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, Safari 5 or newer versions, with enabled support of Javascript, acceptance of cookies, and an Internet connection with a capacity of at least 256 kbit/s. The Shop Website is optimised for the minimum screen resolution of 1024x768 pixels.

  3. The Seller applies a mechanism of cookies, which - when the Customers use the Shop Website - are stored by the Seller's server on the hard disk of a Customer's terminal device(s). The use of cookies is intended to ensure correct operation of the Shop Website by the Customer 's terminal device(s). This mechanism does not destroy the Customer's terminal device(s) and does not change configuration of the Customer's terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.

  4. To place an order in the Online Shop via the Shop Website and to take advantage of Services available at the Shop Website, the Customer must have an active e-mail account.

  5. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or violating personal rights of third parties.

  6. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers’ data by unauthorised parties, therefore the Customers should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting identity of Internet users.

  7. The Customer is not allowed to use the resources and functions of the Online Shop to conduct commercial activity or activity that would violate Seller's interests.

 

§ 3 Orders

  1. Information included in the Shop Website shall not constitute the Seller's offer within the meaning of the Polish Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.

  2. The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis (except when the Online Shop is blocked for technical reasons).

  3. The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the "ADD TO CART" button under a given Product presented on the Shop Website. After compiling the whole order and identifying the address of Delivery, the method of Delivery and the form of payment in the "CART", the Customer shall place the order by sending an order form to the Seller, i.e. by selecting the "CHECKOUT" button on the Shop Website. Each time before sending the order to the Seller, the Customer is informed about the total price of selected Products and the Delivery, as well as any additional costs the Customer is obliged to incur under the Contract of Sale.

  4. Placing an order by selecting the "PAY BY DOTPAY " button means an offer of the Customer to the Seller to enter the Products included in the order into a Contract of Sale and means that the Contract of Sale has been concluded.

  5. After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer while placing the order.

 

§ 4 Payments

  1. Prices on the Shop Website, specified next to given Products, are gross prices and do not include information regarding the costs of Delivery and any other costs which the Customer will be obliged to pay under the Contract of Sale, about which the Customer will be informed when selecting the method of Delivery and upon placing an order.

  2. The Customer may pay for ordered Products with a payment card or by bank transfer via DotPay, an external payment system operated by DotPay S.A. with its registered office in Kraków (in such a case the execution of the order will be initiated after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives notification from the DotPay system about payment completed successfully).

  3. Each time, the Customer shall be notified by the Seller on the Shop Website about the deadline within which the Customer is obliged to make the payment for the order in the amount resulting from the concluded Contract of Sale.

  4. If the Customer fails to make the payment within the deadline referred to in § 4.3 hereof, the Seller shall indicate to the Customer an additional deadline for making the payment and shall notify the Customer about such a deadline on a Durable Medium. The information about an additional deadline for making the payment shall also include information that the Seller shall rescind the Contract of Sale upon the ineffective lapse of that deadline. In the event of the ineffective lapse of the second payment deadline, the Seller shall send the Customer, on a Durable Medium, a statement on rescission of the contract pursuant to Article 491 of the Polish Civil Code.

§ 5 Delivery

      1. The Seller shall execute the Delivery on the territory of the European Union.

      2. The Seller shall deliver the Products constituting the subject of the Contract without defects.

      3. On the Shop Website, the Seller shall publish information on the number of Working Days needed to execute the Delivery and fulfil the order.

      4. The deadline for Delivery and execution of the order is calculated in Working Days and it is up to 15 days.

      5. There are two Delivery options available:

        • Delivery through the Supplier:

- Ordered Product(s) shall be delivered to the Customer through the Supplier, to the address indicated in the order form.

- On the day of Product dispatch to the Customer, the Seller shall confirm the shipment by e-mail to the Customer.

- The Customer must examine the delivered Product in the customary time and manner for shipments of that type in the presence of the Supplier's employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand that the Supplier's employee draw up a relevant report.

- According to the Customer's wish, the Seller shall attach a receipt or VAT invoice including the delivered Products to the shipment being the subject of Delivery.

- In the event of Customer’s absence at the address indicated by the Customer as the address of Delivery while placing the order, the Supplier's employee shall leave an advice note or shall attempt to contact the Customer by phone to agree the time when the Customer will be present. If the ordered Product is returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.

• Personal pick-up:

- The Customer may pick up ordered Products at the address: 62-005 Owińska, Bolechowo-Osiedle, ul. Obornicka 46.  The pick-up point is the security guard office of Solaris Bus & Coach sp. z o.o. (hereinafter referred to as the “Pick-up Point”).

- The Customer shall select the method of Delivery of the ordered Products while placing the order.

- Personal pick-up is possible from 7:00 am to 1:00 pm and from 3:00 pm to 8:00 pm.

- Personal pick-up is free.

- The moment of payment shall be the moment of crediting the bank account of Solaris Bus & Coach sp. z o.o.

- The Product shall be dispatched to the Pick-up Point within 14 days from receipt by the Seller of a DotPay system confirmation of the payment made.

- On the day of Product dispatch to the Pick-up Point, the Seller shall confirm the shipment to the Pick-up Point by e-mail to the Customer’s e-mail address.

- Submitting the printout of an order execution confirmation by the Customer is a condition for handing out ordered Products.

- The Customer must examine the delivered Product in the customary time and manner for shipments of that type in the presence of the Seller’s employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand that the Seller’s employee draw up a relevant report.

- According to the Customer's wish, the Seller shall attach a receipt or VAT invoice including the delivered Products to the shipment being the subject of Delivery.

- The Customer shall select the type of an accounting document (VAT invoice, receipt) while placing the order.

- The Customer shall confirm receipt of the Product by signing a receipt document provided by the Seller in the Pick-up Point.

- If the Customer fails to personally pick up the Product within 5 days, the Product shall be returned to the Online Shop.

- The Seller shall contact the Customer by e-mail or phone to agree the time and cost of the re-Delivery.

 

§ 6 Implied Warranty

          1. The Seller ensures Delivery of Product(s) free of physical and legal defects. The Seller shall be liable towards the Customer if the Product has physical or legal defects (implied warranty).

          2. If the Product is defective, the Customer may:

            - submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller, immediately and without excessive inconvenience for the Customer, replaces the defective Product with a non-defective one or removes the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as inconvenience to be experienced by the Customer in the event of other manner of satisfaction of the claim.

            - demand replacement of the defective Product with a non-defective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience for the Customer. The Seller may refuse to fulfil the Customer's demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.

          3. The Customer exercising the rights under the implied warranty shall deliver the defective product to the Seller's address. If the Customer is a Consumer the delivery cost shall be incurred by the Seller.

          4. The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since the release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before the time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon the ineffective lapse of the time-limit for replacement of the Product or removal of the defect.

          5. Any complaints related to the Products or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller's address.

          6. Within 14 days from the date of demand containing the complaint, the Seller shall express his opinion on the complaint regarding the Product or performance of the Contract of Sale submitted by the Customer..

          7. The Customer may file a complaint with the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in electronic form to the e-mail address: kontakt@solarisbus.com. In the complaint, the Customer shall include a description of the problem. The Seller shall immediately, however not later than within 14 days, consider the complaint and answer the Customer.

 

§ 7 Rescission of the Contract of Sale

          1. The Customer being a Consumer, who concluded the Contract of Sale, may rescind the Contract of Sale within 14 days, without giving any reasons.

          2. The time-limit for rescission of the Contract of Sale shall start running as from the moment the Customer takes the possession of the Product. The statement may be submitted on the form whose template is provided by the Seller on the Shop Website under the address: Rescission form. In order to comply with this time-limit, it is enough to send a statement before the lapse thereof.

          3. In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.

          4. If the Customer submits the statement on rescission of the Contract of Sale before the Seller accepts the Customer's offer, the offer ceases to be binding.

          5. The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer's statement on rescission of the Contract of Sale, return to the Customer all payments made by the Customer, including the costs of delivery of the Product to the Customer. The Seller may withhold the reimbursement of the amounts paid by the Customer until receipt of the returned Product or delivery by the Customer of a proof of sending the Product, whichever occurs earlier.

          6. If the Customer exercising the right of rescission selects the method of delivery of the Product other than the cheapest standard Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Customer the additional costs incurred by the Customer.

          7. The Customer shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller's address before the expiration of such deadline.

          8. In the event of rescission, the Customer shall only incur the direct costs of returning the Product.

          9. If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall notify the Customer about the costs of returning such a Product on the Shop Website.

          10. The Customer shall bear liability for a decrease in the value of the Product as a result of use thereof in a manner going beyond what is necessary to determine the nature, features and functioning of the Product.

          11. The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to other method of reimbursement which does not entail any costs for the Customer.

 

§ 8 Free Services

          1. SThe Seller renders the following free electronic services to Customers:

            •  Contact Form;

            •  Newsletter.

          2. The services specified in § 8.1 above shall be provided 24 hours a day, 7 days a week.

          3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.

          4. The service: Contract Form, consists in sending a message to the Seller via the form available on the Shop Website.

          5. It is possible to unsubscribe from the Contact Form free service at any time by discontinuing sending enquiries to the Seller.

          6. The Newsletter service shall be available to every Customer who enters his/her e-mail address by means of the form made available by the Seller via the Shop Website. After sending the completed form, the Customer shall promptly receive the Seller's confirmation by e-mail, to the address provided in the form. At that time, the contract for the provision of electronic Newsletter services is concluded.

          7. The Newsletter service consists in sending by the Seller, by electronic mail, of information about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all service subscribers.

          8. Every Newsletter addressed to given Customers shall include, in particular: information about the sender, a completed "subject" field specifying the content and information about the possibility and manner of unsubscribing from the free Newsletter service.

          9. The Customer may at any time unsubscribe from the Newsletter by opting out of the subscription using a link included in each e-mail sent under the Newsletter service, or by activating a relevant box in the Customer Account.

 

§ 9 Personal data protection

          1. Please be informed that Solaris Bus & Coach sp. z o.o., with its registered seat at Obornicka 46, Bolechowo-Osiedle, 62-005 Owińska, Poland (“Company”) is the Controller of your personal data.

          2. Your personal data shall be processed for the purpose of performing the contract and taking other related steps (legal basis - Article 6(1)(b) GDPR). Your personal data shall also be processed in order to comply with legal obligations e.g. tax regulations (- Article 6(1)(c) GDPR).

          3. In cases and in accordance with the principles specified in the personal data protection regulations, you have the right of access to personal data, rectification or erasure of personal data or restriction of processing, the right to object to the processing of your personal data, and the right to data portability. Notwithstanding the above, you may also lodge a complaint with a supervisory authority i.e. the President of the Personal Data Protection Authority.

          4. The provision of personal data is voluntary, but necessary for the purpose of performing the contract and related follow-up activities. If personal data are processed for in order to comply with obligations under tax regulations, their provision is a statutory requirement.

          5. Your data may be shared with: external service providers (e.g. transport companies, insurers, and IT service providers), accountants, lawyers, auditors, courts or other entities authorized to receive it in accordance with legal regulations.

          6. In the event of any changes in your personal data, Solaris encourages you to report such changes for the purpose of updating your data.

          7. Your personal data will be processed for the longer of the following periods: the period for which the personal data will be stored as laid down in legal regulations or until the lapse of time causing prescription of claims.

          8. Your personal data will not be processed by automated means or transferred to third countries.

          9. If you have any questions about the processing of your personal data, please contact us at the following address: Solaris Bus & Coach sp. z o.o., ul. Obornicka 46, Bolechowo-Osiedle, 62-005 Owińska, adding an annotation: „Personal data”, or by e-mail to: dane.osobowe@solarisbus.com.

 

§ 10 Termination of the contract (not applicable to Contracts of Sale)

          1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other Party before the termination of the above mentioned agreement and the provisions below.

          2. The Seller may terminate the contract for the provision of electronic services by sending the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the use of the service.

 

§ 11 Final provisions

          1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with Customers being Entrepreneurs, the Seller shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being the Entrepreneur.

          2. The contents of these Regulations may be recorded by being printed, copied to a storage device or downloaded at any time from the Shop Website.

          3. In the event of a dispute related to the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. Polish law shall apply to the resolution of any disputes arising out of or in connection with these Regulations.

          4. Every Customer may take advantage of out-of-court means of settling complaints and obtaining redress. The Customer may use mediation in this scope. Information about the lists of permanent mediators and available mediation centres can be provided by the Presidents of competent regional courts.

          5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller prior to the entry into force of the new Regulations shall be delivered based on the Regulations applicable in the date of placing the order by the Customer. The amended Regulations shall enter into force within 7 days from the date of publication thereof on the Shop Website. The Seller shall inform the Customer about the amendment to the Regulations by e-mail, including a link to the contents of the amended Regulations, 7 days before the entry into force of the new Regulations. If the Customer does not accept the amended Regulations, the Customer shall notify the Seller about this fact, which shall result in contract termination in accordance with the provisions of § 10.

          6. The Regulations shall enter into force on 3 November 2020.

 

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