Terms and Conditions of the Online Store Rotopax-Europe.com; Rotopax.de; KanistryNaWyprawy.pl

This document primarily defines the rules under which contracts are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.

Rotopax canisters are characterized by very solid construction. The product is so durable that the manufacturer provides a 10-year warranty. It should be remembered that the warranty covers the replacement of the product with a new one in case of damage. Indestructibility is not guaranteed. Deciding to use the Rotopax canister for purposes other than transporting fuel and refueling a car is at your own risk.

The seller's liability is limited only to the value of the purchased goods

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right to Withdraw from the Contract
§ 8 Exceptions to the Right to Withdraw from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Attachment No. 1: Withdrawal Form Template

§ 1 DEFINITIONS

• Working Days – days from Monday to Friday, excluding public holidays in Poland.
• Civil Code – Polish Act of April 23, 1964, Civil Code.
• Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, without direct connection to their business or professional activity.
• Account – a digital service regulated by a separate regulation within the meaning of the Consumer Rights Act, enabling the Buyer to use additional features in the Store free of charge.
• Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.
• Privileged Buyer – a Consumer or a Privileged Entrepreneur.
• Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude a contract with the Seller based on the Regulations directly related to their business activity, but not having a professional character for them.
• Regulations – these regulations.
• Store – the online store Rotopax-Europe operated by the Seller at https://rotopax-europe.com.
• Seller – JAKUB ANDRZEJ KŁOCZKO, an entrepreneur conducting business activity under the name K2 Jakub Kłoczko, entered into the Central Register and Information on Economic Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Economic Activity, NIP 1230968562, REGON 147052610, ul. Wenus 51/101, 05-509 Józefosław.
• Consumer Rights Act – Polish Act of May 30, 2014, on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

• Postal Address: ul. Wenus 51/101, 05-509 Józefosław
• Email Address:
• Phone: 605224472
• Return Address (in case of withdrawal from the contract): Szkolna 43a Mroków 05-552
• Address for sending the advertised goods: Szkolna 43a Mroków 05-552

The cost of a phone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, the following are needed:

• A device with Internet access
• An internet browser supporting JavaScript and cookies.

To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

• The prices of products visible in the Store are the total prices for the product.
• The Seller notes that the total price of the order consists of the price for the product and, if applicable, the delivery costs of the goods indicated in the Store.
• The selected product to be purchased should be added to the cart in the Store.
• Then, the Buyer selects the method of delivery and payment for the order from the available options in the Store, and provides the data necessary to complete the placed order.
• The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
• Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
• The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data for each potential order.

§ 5 PAYMENTS

The following payment methods are available in the Store:

• Regular bank transfer to the Seller's bank account;

• By payment card:

  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

• Through the payment platform:

  • Instant transfer + BLIK + Google Pay
  • PayPal
  • PayU

• Cash on delivery, i.e., by card or cash at the time of delivery to the Buyer;

If the Buyer chooses to pay via the Shoper Payments platform, the entity providing online payment services is Autopay S.A. and PayPro S.A.

If the Buyer chooses to pay in advance, the order must be paid within 1 Working Day from placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

• The order fulfillment time is indicated in the Store.

• If the Buyer chose to pay in advance for the order, the Seller will proceed to fulfill the order after its payment.

• If the Buyer purchased products with different fulfillment times within one order, the order will be fulfilled within the time appropriate for the product with the longest fulfillment time.

• Countries where delivery is carried out:

  • Poland
  • European Union

• The following delivery methods are available in the Store: via the DPD courier company.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

• The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

• The withdrawal period expires after 14 days from the day:

  • on which the privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the privileged Buyer took possession of the goods;
  • on which the privileged Buyer took possession of the last good, batch, or part or on which a third party, other than the carrier and indicated by the privileged Buyer, took possession of the last good, batch, or part, in the case of a contract obliging to transfer ownership of multiple goods delivered separately, in batches, or in parts.

• To exercise the right to withdraw from the contract, the privileged Buyer must inform the Seller, using the contact details provided in § 2 of the Regulations, of their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email).

• The privileged Buyer may use the withdrawal form template placed at the end of the Regulations, but it is not mandatory.

• To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information regarding the exercise of the right to withdraw from the contract before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

• In the event of withdrawal from the concluded contract, the Seller returns to the privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the chosen delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise the right to withdraw from the contract.
• The Seller will refund the payment using the same payment methods that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution; in any case, the privileged Buyer will not incur any fees in connection with this refund.
• If the Seller has not offered to collect the goods from the privileged Buyer, they may withhold the refund until they receive the goods back or until the privileged Buyer provides proof of their return, whichever occurs first.
• The Seller asks to return the goods to the address: Szkolna 43a Mroków 05-552 immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods back before the 14-day period has expired.
• The privileged Buyer bears the direct costs of returning the goods.
• The privileged Buyer is only responsible for the decrease in the value of the goods resulting from using them in a way other than necessary to establish the nature, characteristics, and functioning of the goods.
• If the goods, due to their nature, cannot be returned in the usual way by post, the privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs

• In the event of a need to refund funds for a transaction made by a privileged Buyer using a payment card, the Seller will refund the amount to the bank account assigned to that payment card.

In the event of a need to refund funds for a transaction made by a privileged Buyer using a payment card, the Seller will refund the amount to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right to withdraw from a distance contract, as mentioned in § 7 of the Regulations, does not apply to contracts:

• where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or serving to meet their individualized needs;
• where the subject of the service is an item that is perishable or has a short shelf life;
• where the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
• where the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items;
• where the subject of the service are sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
• for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
• where the price or remuneration depends on fluctuations in the financial market, which are beyond the Seller's control, and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS AND GENERAL PROVISIONS

1. The Seller is liable to the privileged Buyer for the conformity of the service with the contract, as provided by generally applicable law, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
3. If a product comes with a warranty, information about it and its terms is available in the Store.
4. The Seller will respond to complaints within 14 days from the date of receipt.

II PRIVILEGED BUYERS

Goods

1. In the event of non-conformity of the goods with the contract, the privileged Buyer has the right to exercise the rights specified in Chapter 5a of the Consumer Rights Act.

2. The Seller is liable for the non-conformity of the goods with the contract, existing at the time of delivery and revealed within two years from that time, unless the shelf life of the goods specified by the Seller, their legal predecessors, or persons acting on their behalf is longer.

3. Under the provisions of the Consumer Rights Act, in the event of non-conformity with the contract, the privileged Buyer may request:

   • replacement of the goods,
   • repair of the goods.

4. Additionally, the privileged Buyer may submit a declaration of:

   • price reduction,
   • withdrawal from the contract

   if:

   • the Seller refused to bring the goods into conformity with the contract in accordance with Art. 43d para. 2 of the Consumer Rights Act;
   • the Seller did not bring the goods into conformity with the contract in accordance with Art. 43d para. 4-6 of the Consumer Rights Act;
   • the non-conformity of the goods with the contract persists, despite the Seller's attempts to bring the goods into conformity with the contract;
   • the non-conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the remedies specified in Art. 43d of the Consumer Rights Act;
   • it is clear from the Seller's statement or circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the privileged Buyer.

5. In the case of goods subject to repair or replacement, the privileged Buyer should make these goods available to the Seller. The Seller will collect the goods from the privileged Buyer at their own expense.

6. The privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.

7. In the event of withdrawal from the contract, as mentioned in this section (concerning goods), the privileged Buyer shall promptly return the goods to the Seller at their own expense, to the address Szkolna 43a, Mroków 05-552. The Seller shall promptly refund the price to the privileged Buyer, no later than within 14 days from the date of receipt of the goods or proof of their return.

8. The Seller shall promptly refund the amounts due to the privileged Buyer as a result of exercising the right to a price reduction, no later than within 14 days from the date of receipt of the privileged Buyer's declaration of price reduction.

Out-of-court methods of handling complaints and pursuing claims

1. The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for access to these procedures are available at the headquarters or on the websites of entities authorized to handle out-of-court disputes. The Consumer may use, among others:

   • assistance from the relevant European Consumer Center from the Network of European Consumer Centers. The Centers provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is generally free of charge. The list of Consumer Centers appropriate for each country can be found at: https://konsument.gov.pl/eck-w-europie/
   • the Online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
   • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which a mediation request should be submitted. Generally, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
   • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. Generally, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

2. The previous provision is informative and does not constitute an obligation of the Seller to use out-of-court methods of dispute resolution.

3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.

4. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the right to complain about the defective goods based on the warranty regulated in the Civil Code.

2. The Seller is liable for defects in the goods to a Buyer other than a privileged Buyer if the physical defect is discovered within two years from the date of delivery of the goods to the Buyer.

3. According to the Civil Code, a Buyer who is an entrepreneur other than a privileged Entrepreneur loses their warranty rights if they did not examine the goods in the time and manner customary for such goods and did not promptly notify the Seller of the defect, and if the defect was discovered later - if they did not promptly notify the Seller after its discovery. Sending a notification of the defect before the deadline is sufficient to meet the above deadline.

4. Using the warranty, a Buyer other than a privileged Buyer may, on the terms specified in the Civil Code:

   • submit a declaration of price reduction,
   • in the case of a significant defect - submit a declaration of withdrawal from the contract,
   • request replacement of the goods with defect-free ones,
   • request removal of the defect.

5. If it turns out that it is necessary to deliver the defective goods to the Seller to consider the complaint, the Buyer other than a privileged Buyer is obliged to deliver the goods to the address Szkolna 43a, Mroków 05-552.

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and Council (EU) – "GDPR". The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:

• the contract or actions taken at the request of the Buyer aimed at concluding it (Article 6(1)(b) GDPR),
• the legal obligation incumbent on the Seller related to accounting (Article 6(1)(c) GDPR), and
• the legitimate interest of the Seller, consisting in processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store. The data provided by the Buyer in connection with purchases in the Store will be processed until:

• the contract concluded between the Buyer and the Seller ceases to be in force;
• the Seller is no longer legally obliged to process the Buyer's data;
• the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
• the Buyer's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the legitimate interest of the Seller.

The Buyer has the right to request:

• access to their personal data,
• rectification,
• deletion,
• restriction of processing,
• transfer of data to another administrator,

as well as the right to:

• object at any time to the processing of data for reasons related to the Buyer's particular situation – regarding the processing of their personal data based on Article 6(1)(f) GDPR (i.e., on legitimate interests pursued by the Seller).

To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions. If the Buyer believes that their data is being processed unlawfully, they can file a complaint with the authority responsible for data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. It is prohibited for the Buyer to provide content of an unlawful nature.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.
3. All contracts concluded based on these Terms and Conditions are subject to Polish law, with the reservation of paragraph 4.
4. The choice of Polish law for contracts concluded based on the Terms and Conditions with a Consumer does not deprive or limit the rights of that Buyer, to which they are entitled under the mandatory provisions of law applicable to the Consumer in situations where no choice of law is made. This means, in particular, that if the applicable national regulations for a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law – this broader protection applies.
5. Contracts concluded based on the Terms and Conditions are concluded in Polish.
6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the Seller's registered office.