EV365 Online Platform Terms and Conditions
I. GENERAL PROVISIONS
1.1 These regulations (hereinafter referred to as the "Regulations") set out the principles of using the online platform https://ev365.online (hereinafter referred to as the "Online Platform"), as well as placing orders / offers of purchase for the products placed on the Online Platform in the form of professional electric vehicle charging stations (hereinafter referred to as the "Products"), as well as offers of installation, servicing and maintenance of the Products.
1.2 Only entrepreneurs, i.e. individuals running a sole proprietorship and commercial companies, can place orders via the Platform.
1.3 The Internet Platform is owned by Effect PV Polska sp. z o. o. with its registered office in Góra Kalwaria, Wiejska 8k Street, 05-530 Góra Kalwaria, KRS 0000908198, NIP 1231496289, share capital 100,000 PLN, paid in full (hereinafter the "Company").
1.4 The aim of the Internet Platform is to present the products of the EV365 brand included in the Company's product range. The prices of the products shown on the website do not include the price of transport, installation, service, maintenance and execution of the necessary documentation for the purposes of construction and operation of the electric vehicle charging station (notification of construction works, increasing the connection power of the building, execution of the necessary electrical infrastructure, conducting technical examination before the inspector of the Office of Technical Inspection, etc.).
1.5 Products presented on the website do not constitute an offer within the meaning of Civil Code regulations, but only an invitation to conclude a contract within the meaning of Art. 71 of Civil Code regulations. Completion of the order form by the Customer and its submission to the Company means that the Customer submits an invitation to conclude a contract, which requires the Company's acceptance. In addition, the customer may submit a request for quotation in relation to a specific product found on the Online Platform and its installation, operation and service.
1.6 The submission of the order form or contact form by the Customer via the Online Platform is tantamount to acceptance of the provisions of the Regulations.
1.7 The Customer is obliged to use the Online Platform in a manner consistent with the law and good practice, with due regard for the personal rights and copyrights and intellectual property of the Company and third parties.
1.8 The Administrator of the personal data processed on the Online Platform in connection with the execution of the provisions of these Regulations is the Company. Personal data are processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the Privacy Policy published on the website https://ev365.online (assumes Privacy Policy). The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator on the Web Platform, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools. The use of the Web Platform is voluntary. Likewise, the related provision of personal data by the Internet Platform user or customer is voluntary, subject to the exceptions indicated in the Privacy Policy.
II. CONDITIONS OF PLACING ORDERS
2.1 The Internet Platform serves the purpose of presenting the Company's products and enabling the customers referred to in clause 1.2 of the Regulations to place orders in the form of proposals to conclude purchase agreements and to carry out the assembly of the Products, to make offers to conclude purchase agreements and to make inquiries, which will be processed by the Company outside the Internet Platform. No sales agreements between the Customer and the Company are concluded via the Online Platform.
2.2 By completing and submitting the order form or contact form, the customer declares that he/she has read the Regulations and agrees to comply with them. In the form the customer is obliged to provide his/her name, surname, e-mail address and contact telephone number. The customer is obliged to enter data consistent with the actual state.
2.4 In case of failure to comply with the provisions of the Regulations, the Company is entitled to not consider the customer's order or inquiry without any consequences.
2.5 The Company reserves the right to reject incorrectly or incompletely filled order forms or contact forms.
2.6 All prices displayed on the Website are in Polish zloty (PLN) and are given in net (without VAT) or gross (with VAT) values. The Company reserves the right to change the prices of the products presented on the Online Platform. In such cases, the Company undertakes to inform the customer of the situation. If the customer does not accept the new price, the order for the specific product will not be processed. In exceptional situations, the Company reserves the right to make price changes for orders in progress that have already been confirmed (accepted) by the Company.
2.7 Once the Customer has placed an order and it has been accepted by an authorised employee of the Company or its representative, and business terms and conditions relating to the transaction have been agreed, the Company shall issue a sales document in the form of a VAT invoice. The Customer authorizes the Company to send the invoice electronically, without the issuer's signature, without certified qualified electronic signature, in PDF format.
III. TERMS AND CONDITIONS
3.1 Detailed conditions of the method and terms of payment, delivery, acceptance, assembly, as well as execution of other activities necessary for building and operating the electric vehicle charging station will be determined individually by the Customer and the Company, after the Customer fills in the order form or contact form and after the Company employee or its representative contacts with the Customer. Arrangements of the above will be included in a separate agreement concluded by the customer and the Company.
3.2 The delivery of the Company's Products and their installation shall be available in the territory of the Republic of Poland. Delivery and assembly of the Products to the customer is chargeable, unless the contract concluded between the parties provides otherwise. The date of delivery and assembly of the Products shall depend on such factors as preparing by the customer the place of installation of the electric vehicle charging station, making the advance payment, availability of the product at the Company's warehouse or other circumstances determined by the parties in a separate agreement.
3.3 The Company shall have the right to limit the available payment methods, including requiring prepayment in whole or in part.
3.4 When receiving an order, the Customer has the right and obligation to check the condition of the ordered product in the presence of an employee / representative of the Company or an employee of the company delivering the consignment. In case of damage, the Customer is obliged to immediately file a complaint by e-mail to info@ev365.pl. Product defects arising as a result of transport carried out by a shipping company must be claimed from that company in accordance with its internal procedures. Latent quality defects can be reported on the next working day after their detection, but no later than within 7 (seven) days of their detection. Quality defects such as mechanical defects (scratches, cracks and other mechanical damages), quantity discrepancies or non-conformity with the order may be reported only at the time of delivery, otherwise the claim will not be accepted by the Company.
IV. WARRANTY
4.1 The Company guarantees that the Products of the Company presented on the Online Platform and covered by the guarantee will be free from defects, defects in material and workmanship, resulting from the production process, and also declares that the characteristics of the Products correspond to their technical specifications and are suitable for use in accordance with their instructions.
4.2 The warranty is provided only for manufacturing defects and for unprocessed product. Claims under the warranty may only be made by the customer who purchased the Products.
4.3. details of warranty are specified in warranty card, issued to customer after signing separate agreement with the Company for sale, installation, service and maintenance of electric vehicle charging station. In case of recognizing the product as defective, the Company will repair it or replace it with one free of defects in accordance with warranty terms and conditions specified in the warranty card issued to the customer.
4.4. The complaint shall be submitted on the complaint form made available to the Customer by the Company as an attachment to the contract referred to in clause 4.3 of the Regulations. A properly filled in complaint form shall be deemed a form containing all the information required therein, in particular the date of purchase, date of delivery and date of finding a defect. The complaint form must be accompanied by a list of advertised products and a copy of the purchase invoice.
4.5 The Company will respond to the customer complaint immediately, no later than within 14 (fourteen) calendar days from the date of its submission.
4.6 Failure to sign the warranty card by the customer or his representative for any reason whatsoever will result in the loss of rights under the warranty. The warranty shall also be forfeited in the case of independent repairs carried out by unauthorized persons, i.e. other than the Company's employees or entities authorized by the Company, as well as in the case of mechanical, chemical, thermal or electrical damage caused by intentional or accidental damage to the Product and damage caused by improper or inconsistent handling of the Product.
4.7 The liability of the Company under the warranty for defects of the Products towards the Customer who is not a consumer is excluded.
V. LIABILITY
5.1 The Company shall not be liable for any loss or damage or for any loss of profit arising from improper or improper use of the Products.
5.2 The Company shall not be liable for any defect, damage, late delivery, installation, etc. caused by force majeure, which includes, but is not limited to, any event caused by an external cause beyond the Company's control such as flood, fire, war, pandemic, military mobilisation, energy restrictions or interruptions in supply, climatic disasters, strikes, roadblocks, trade restrictions, etc.
VI. AVAILABILITY OF PRODUCTS
The Internet platform presents an up-to-date catalog of the Company's products, which constitutes the basis for placing an order by the Customer in the form of an invitation to conclude a contract or a purchase offer for the Products or a request for proposal that also covers delivery, assembly, service and maintenance as well as performance of all other activities necessary to build and operate electric vehicle charging stations. In case the order cannot be realized the Company shall have the right to offer the customer another product with the same or similar properties.
VII. FINAL PROVISIONS
7.1 All photographs, design, drawings, icons, descriptions and other information contained on the Internet Platform are protected by copyright of the Company or other persons. Any copying, reproduction or use of them without the consent of the Company or other authorized entity, in any fields of exploitation, is prohibited.
7.2 The Company reserves the right to change prices of products on the Online Platform, as well as to withdraw individual products, introduce new ones and carry out, change and cancel promotional campaigns.
7.3 The data provided as a result of completing the registration form, order form and contact form are confidential and will not be disclosed to third parties.
7.4 Whenever these Terms and Conditions refer to sending electronic correspondence, it is understood that they are sent to the e-mail address, which on the part of the Company is info@ev365.pl. Statements shall be deemed effectively delivered also if they have been submitted without a certified qualified electronic signature.
7.5 Matters not regulated herein shall be governed by the provisions of the Civil Code and other acts of commonly binding law.
7.6 The Regulations are subject to the Polish law and may be amended. The current content of the Regulations is available at https://ev365.online (tab Regulations). If the customer does not accept the changes, he should stop placing orders through the Website. Otherwise, it is assumed that he/she has accepted the provisions of the Regulations in their amended content.
7.7 If it is not possible to settle a dispute amicably, the parties will submit it to the competent courts for resolution of the Company's registered office.
7.8 The Customer may not transfer the rights or obligations arising from the contract concluded with the Company to any third party without the prior written consent of the Company under pain of nullity.
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