FOR THE ONLINE SHOP
The owner/ seller:

DEFFNER Autotechnik
Stawy 5
02-467 Warsaw
Poland
EU VAT number: PL9482206092
+48 513 634 874
Email: info@power-tailgate.com

I. Definitions

1. The terms used in these Terms and Conditions shall have the following meaning:

  • a) Account – a section of the Online Shop ascribed to the Customer that he can use to perform specific actions in the Online Shop.
  • b) Business Days – these shall be the days from Monday to Friday, excluding public holidays.
  • c) Civil Code – the Act of 23 April 1964.
  • d) Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
  • e) Customer – an entity purchasing a Product through the Online Shop, concluding a Sales Agreement, or using an Electronic Service in accordance with the Terms and Conditions, which has the capacity to perform legal transactions to the extent enabling effective performance of a specific action within the Online Shop (Consumer and Entrepreneur). The Seller stipulates that in justified cases, concluding the Sales Agreement via the Online Shop will be possible only by persons over 18 years of age and having full legal capacity.
  • f) Consumer – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
  • g) Digital content – data produced and delivered in digital form.
  • h) Digital service – a service that allows the Consumer to: -generate, process, store or access data in digital form; -sharing digital data that has been uploaded or generated by the Consumer or other users of this service; - Other forms of interaction with data.
  • i) Product – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Customer and the Seller being paid by the Price.
  • j) Sales Agreement – a sales agreement of Products concluded between the Seller and the Customer.
  • k) Seller – DEFFNER Autotechnik, Stawy 5, 02-467 Warsaw/Poland, EU VAT number: PL9482206092, +48 513 634 874, Email: info@power-tailgate.com.
  • l) Sending an order – validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
  • m) Shopping Cart – an Electronic Service made available to the Customer as part of the Online Shop, enabling easy placing of an Order for a selected number of Products, presenting a summary of the Price of individual Products and the total Price for all Products, as well as the total value of the Order.
  • n) 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.
  • o) Terms and Conditions – this document.
II. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop https://power-tailgate.com/. The Shop is operated by the Seller.

2. These Terms and Conditions are always available at the website https://power-tailgate.com/ which allows to download, display, and record their contents by printing or saving them to a data carrier at any time.

3. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop. The Online Shop can only be used by those who have read and fully accepted this terms and condition for the online shop.

4. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Edge, Opera, enabling cookies and JavaScript in the web browser.

5. Recommended technical requirements for cooperation with the ICT system include: a computer with internet access, to electronic mail, a web browser: Internet Explorer version 11 or newer, Mozilla Firefox version 93 or newer, Edge version 94 or newer, Google Chrome version 94 or newer, Safari version 14 or newer with JavaScript and cookies enabled. The recommended monitor resolution is 1280 × 720 pixels.

6. In the case of offering the listed products/services, the Seller informs on the product cards and on other information pages of the store about the functionality of products with digital elements, digital content or digital services. In addition, the Seller shall inform about the applicable technical measures to protect them, as well as the relevant compatibility and interoperability of the products with digital elements, digital content or digital services.

7. The Seller informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g. Antivirus.

8. The Customer is obliged to:

  • a) provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data.
  • b) use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customer.
  • c) use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
III. Electronic services in the online shop

1. The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.

2. The Seller provides the following Electronic Services:

  • a) Account.
  • b) Shopping Cart.

3. Using the Account is possible after completing jointly and severally the following steps by the Customer:

  • - Completing the registration form and accepting the provisions of these Regulations,
  • - Clicking on the "Register" box.

4. Following the registration of the Customer Account, a customer can log in to the Online Shop, indicating the email address and password provided at the registration.

5. 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”.

6. The Seller may refuse to register an Account if the Client violates the provisions of Section II.8 of the Terms and Conditions.

7. The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including information about their current offer, promotions, discounts, and marketing campaigns,

8. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.

9. The Shopping Cart is an electronic service that begins when the Customer adds the first Product to the Cart. The Shopping cart is a one-time use, is provided free of charge and is terminated when the Customer places or ceases to place an Order. Depending on the available functionalities, the Shopping Cart may remember information about the Products selected by the Customer also after the end of the browser session but does not ensure the availability of products.

10. The Agreement for the provision of service which involves enabling Customers to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it.

11. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which will be announced on the Store's website. Promotions in the Online Shop cannot be combined, unless the Terms and Conditions of a given promotion provide otherwise.

12. The Customer may submit complaints relating to the provision of the electronic service via the Online Shop by sending an e-mail to: info@power-tailgate.com. The Seller will consider the complaint immediately, no later than within 14 days counted from the day the complaint was submitted.

13. The Customer may terminate with immediate effect the perpetual service for the provision of continuous electronic services at any time and without indicating reasons by sending an appropriate statement by e-mail to the following address: info@power-tailgate.com. The Seller may terminate the Service Agreement for the following important reasons:

  • a) the manner of using the Electronic Services is contrary to the terms and conditions and the principles and purpose of the Online Shop.
  • b) the Customer's activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.
  • c) the Customer provides illegal content or violates the provisions of section II, section 8 of the Terms and Conditions.

14. The declaration of termination of the Service Agreement submitted by the Seller will be sent to the e-mail address provided by the Customer.

15. The notice period for terminating the Service Agreement for each party is 14 days. Termination of the Service Agreement by either party is tantamount to deletion of the Account.

16. Either party withdrawing from the Service Agreement, or the Agreement being terminated by mutual consent, does not have an impact on the rights acquired by the parties before withdrawing from or terminating the agreement.

IV. Orders / Sales Agreement

1. The Seller enables the Customer to place an Order through the Online Shop, 24/7 through the website https://power-tailgate.com/.

2. Orders can be placed by Internet users, who have correctly filled in registration form. Orders can be placed also without registration form. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement.

3. As part of placing an order, the Customer provides his/her personal data marked in the order form as obligatory and consents, by marking the appropriate box, to the processing of the Customer’s data provided while placing the order to perform at the Online Shop. Providing the personal data marked obligatory is voluntary yet is necessary for placing the order. Providing the personal data not marked as obligatory is voluntary and unnecessary for placing the order. A lack of due diligence while filling in the form may cause the Customer being obligated to cover additional expenses such as: compensation, costs of improper postage, costs of resending the order to the right address, or any other rightful costs incurred by the Online Shop to complete the Order.

4. The order form should include the Customer’s name, surname and postal address, phone number and email address.

5. The Customer sends the Order by means of the Online Shop functionality provided for that purpose with an obligation to pay. If the Customer does not have an Account, it is required to accept the Terms and Conditions.

6. Immediately after placing the order, the Customer is informed by e-mail (at the e-mail address to which the order was placed) that the order has been received by the Seller; upon its receipt by the Customer the Sales Agreement shall be concluded.

7. The total value of the Order includes the price and shipping costs.

8. The sales Agreement shall be concluded in English.

V. Prices and methods of payment

1. The prices are provided in EUR and include VAT (Value added Taxes).

2. Entrepreneurs: Deliveries to entrepreneurs in other member states of the European Union (EU) -( for this you need your own VAT identification number) are generally exempt from VAT in the country of origin and are subject to acquisition tax in the country of destination at the recipient of the supply. According to this provision, an intra-Community supply exists if, in the case of a supply, the trader or the purchaser transports or dispatches the object of the supply to the rest of the Community territory and the purchaser is a trader who has acquired the goods for his business and the acquisition of the goods from the purchaser in another Member State is subject to VAT. In the case of a business purchase under the procedure for the delivery of products within the EU, the customer declares that the purchase is for business purposes and the 0% VAT invoice issued by the seller after the purchase and made available to the buyer in electronic and/or paper form will be credited and the VAT due according to the local rates will be transferred to the competent tax office in the country of registration of the company. The customer is solely responsible for non-payment of VAT.

3. The seller provides the customer with the following methods of payment under the sales contract:

  • a) Payment by bank transfer to the seller's bank account.

    Bank: ING Bank

    Account number for payments in eur (€): PL97 1050 1025 1000 0091 1406 5478

    BIC / SWIFT: INGBPLPW
  • b) Payments in cash are available only on delivery of the goods from the company's warehouse in Warsaw/Poland.
  • c) Electronic payments and card payments via:
    • - tpay.com- possible current payment methods are specified on the website of the online store in the information tab on payment methods and on the website tpay.com. Settlement of transactions by electronic payments and payment cards are carried out in accordance with the customer's choice through the tPay.com service. The service of electronic payments and payment cards is provided by: The Tpay payment system belongs to the company: Krajowy Integrator Płatności S.A. ul. Św. Marcin 73/6 61-808 Poznań VAT no: 7773061579 REGON: 300878437 KRS: 0000412357, share capital of 5.494.980 PLN fully paid.
    • - paypal.com - Electronic payments and card payments via PayPal (include Payment by Visa, EuroCard / MasterCard credit card).
    • - klarna.com - Electronic payments via Sofort / Klarna. The service of electronic payments and payment cards is provided by: Klarna Bank AB (publ) registered with the Swedish companies register under the registration number 556737-0431 and with our main office located at Sveavägen 46, 111 34 Stockholm, Sweden

4. When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.

5. When making a payment via an electronic payment operator, the Customer should follow the instructions given by the operator of electronic payments in order to make a payment.

6. The customer agrees that the purchase documents (invoice / receipt) for the order will be sent electronically.

VI. Delivery of the products

1. Delivery of the Products is performed to the address indicated by the Customer when placing the Order. Details in our section Delivery https://power-tailgate.com/ (EU countries).

2. Delivery of the Products is carried out by parcel delivery company.

3. On the Shop websites, in the description of the Product, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. Details in section Delivery.

4. The deadline for delivery and processing of the Order shall be calculated per Business Days.

5. The total waiting time for the Customer to receive the Product (delivery date) includes the time of preparing the Order for shipment by the Seller and the time of delivering the Product by the carrier.

6. If the ordered Products have different delivery deadlines, the longest deadline shall apply to the whole Order.

7. The risk of accidental loss or damage to the item is transferred to the Consumer at the time of its delivery to the Consumer.

8. The Consumer is recommended to inspect the condition of the products as soon as possible after delivery. If defects are discovered, the Consumer is recommended to contact the Seller by email: info@power-tailgate.com.

VII. The right to withdraw from the Agreement

1. The consumer who has concluded a distance agreement can withdraw from sales agreement within 14 calendar days without giving a reason and without incurring costs, except for the costs referred to in VII.13. To keep the deadline, it is sufficient for the consumer to make a statement of the Seller before it expires.

2. The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:

  • a) use the electronic return form available on the website of the Online Shop:
  • b) withdraw from the contract using the withdrawal form attached as Appendix 2 - by sending it to the Seller's registered address.

3. The statement of withdrawal from the agreement may be submitted to the Seller's e-mail address: info@power-tailgate.com.

4. The Seller shall immediately confirm on a durable medium the fact of receipt of the statement of withdrawal from the contract submitted in the manner indicated in subsections 2 and 3.

5. The course of time for withdrawal from the Sales Agreement shall commence a) on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:(1)includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or (2) is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products; b) for other agreements – from the date of conclusion of the contract.

6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded.

7. The Seller is obliged immediately, but not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, to return to the consumer all payments made by him, including the costs of delivery of the Product. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.

8. If the consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.

9. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.

10. The purchased Products should be returned to the following address:

DEFFNER Autotechnik
Stawy 5
02-467 Warsaw
Poland

11. The Consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

12. The seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first, unless the Seller himself offered to collect the Product from the consumer.

13. The consumer bears the direct costs of returning the Product.

14. The right to withdraw from a distance agreement is not entitled to the Consumer in relation to contracts:
in which the subject of the service is a Product non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy his individual needs.

VIII. Complaints

1. In the event of non-compliance of the Product with the sales agreements, the provisions set out in the Consumer Rights Act (Chapter 5A) apply to consumers, unless otherwise provided by mandatory regulations in the country of origin of the Consumer in accordance with Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I) (OJ EU L. 2008 No. 177, p. 6, with subsequent amendments).

2. Complaints should be sent to the following address:

DEFFNER Autotechnik
Stawy 5
02-467 Warsaw
Poland
Email: info@power-tailgate.com

3. The Seller undertakes to process each complaint immediately, no later than within 14 calendar days from the date of its receipt. Otherwise, the Seller shall be deemed to have acknowledged the declaration or request as justified.

4. Sending or returning the Product as part of the complaint may take place to the following address:

DEFFNER Autotechnik
Stawy 5
02-467 Warsaw
Poland

5. It is recommended that the Customer provides the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Agreement, or statement of price reduction, or withdrawal from the Sales Agreement; and (3) the claimant’s contact information.

6. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint.

7. If the product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller shall carry out repair or replacement within a reasonable time after being informed by the consumer of the lack of conformity and without undue inconvenience to the consumer considering the specificity of the product and the purpose for which the consumer acquired it. The costs of repair or replacement, including the costs of postage, transport, labor and materials, shall be borne by the Seller.

8. The Consumer makes available to the Seller a product subject to repair or replacement. The Seller collects the products from the consumer at his own expense. The Consumer is not obliged to pay for the normal use of the products which have subsequently been replaced.

9. If the product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:

  • a) the seller refused to bring the product into conformity with the contract in accordance with the Consumer Rights Act.
  • b) the seller has not brought the product into conformity with the contract in accordance with the Consumer Rights Act.
  • c) the lack of conformity of the product with the contract persists even though the seller has tried to bring the product into conformity.
  • d) the lack of conformity of the product with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of protection measures specified in the Consumer Rights Act.
  • e) It is clear from the seller's declaration or circumstances that he will not bring the products into conformity within a reasonable time or without undue inconvenience to the consumer.

10. The reduced price must be in proportion to the contract price in which the value of the non-conforming product remains in relation to the value of the product in conformity.

11. The Seller shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's statement on the price reduction.

12. In the event of withdrawal from the contract, the Consumer immediately returns the products to the Seller at his expense. The Seller returns the price to the consumer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.

13. The Consumer may not withdraw from the contract if the lack of conformity of the product with the contract is irrelevant. The lack of conformity of a product with the contract shall be presumed to be material.

14. The Seller is liable for non-compliance of the Product with the Sales Agreement if the non-compliance of the Product with the Sales Agreement existed at the time of its delivery and was revealed within two years from the date of delivery of the Product to the Consumer.

15. The Seller complies with the provisions of Chapter 5B of the Consumer Rights Act in the scope of contracts for the supply of digital content or digital service.

IX. Out-of-court complaint handling and redress procedures

1. The Seller would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.

2. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress, and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection in Poland.

3. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.

4. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

X. Force majeure

1. Neither Party can be held liable for the non-performance of any of its obligations, if such non-performance is due to an unforeseeable event beyond its control or a force majeure incident including but not limited to war, epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than 14 calendar days after said event occurs.

2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

3. This clause does not limit consumer rights in any way.

XI. 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.

2. The Seller applies appropriate technical and organizational measures to ensure the protection of personal data being processed.

3. Additional explanations regarding the protection of personal data are contained in the “Privacy Policy”.

XII. Final Provisions

1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, 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. All images, graphics, text, code, software, descriptions, data and other material used on or incorporated into this website are subject to intellectual property rights in Poland (EU).

2. These Terms and Conditions will be governed by the law of the Republic of Poland. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

3. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.

4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.

5. In matters not regulated in these Terms and Conditions, the provisions of general Polish and EU laws shall apply.

6. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

03.10.2024

ATTACHMENT NO 1 TEMPLATE WITHDRAWALS FORM

[this form must be completed and returned only if you wish to withdraw from the contract]

Address:

......................................

......................................

.......................................

I/We (*) hereby inform you of my/our (*) withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*).

Date of contract conclusion (*)/collection (*)

Name(s) of consumer(s)

Address of the consumer(s)

Signature of the consumer(s) [only if the form is sent on paper]

Date (*) delete as appropriate

Loading...