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Terms & Conditions of Sale

Paweł Ochyński CSG trading as www.batteryempire.co.uk Terms and Conditions of Sale


By purchasing or ordering the Goods and/or Services, Buyer (YOU) agrees to be bound by the terms and conditions set out below.

This site is owned and operated by Paweł Ochyński CSG SA. Our registered office is ul. Kalwaryjska 33, 30-509 Krakow, POLAND (EU), KRS: 0000714229, REGON: 369293269. Our tax number is PL6793163992 and can be confirmed on official website provided by the European Commission - VIES VAT number validation webpage: https://ec.europa.eu/taxation_customs/index_en


All rights in this website are owned by us. Any unauthorised use, copying or modification, is prohibited.

1 Definitions

1.1 The “Buyer” („YOU”) means the person, or account applicant who accepts Seller’s quotation, or whose order for the Goods is accepted by the Seller.
1.2 The “Seller” („WE”) means Paweł Ochyński CSG.
1.3 “Conditions” means these terms and conditions.
1.4 “Good” or “Goods” means the goods (including any instalment of goods or any parts for them), which the Seller is to supply in accordance with these Conditions.
1.5 “Writing” means in particular email and other comparable means of communication.
1.6 "Including" and “in particular” shall be construed as not limiting any general words or expressions in conjunction with which either of those expressions is used.

2 Conditions

2.1 These conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer.
2.2 Any error (typographical, clerical or other) or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller and without any prior notification. The views and opinions expressed in any sales literature or on the Seller’s website are the views of the contributors and should not be taken necessarily as fact.
2.3 The presentations of our products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order our Goods. No contract for the sale of Goods shall arise until the Seller dispatches the Goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller’s quotation (whichever shall first occur).

2.4 All orders from the web can be cancelled for a full refund of the GBP sterling amount paid to Seller, provided the Seller has not already shipped the goods to the Buyer.
2.5 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.6 Nothing in these Conditions shall affect the statutory rights of any consumer.

2.7 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

3 Prices

3.1 The price shall be that on the Seller’s current list price or as otherwise agreed in writing by the Seller and the Buyer should confirm prices (including any promotional prices and special offers) at the time of ordering. All special offers are strictly subject to availability.
3.2 The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any indirect or direct increase in costs to the Seller but if the price has been paid in full prior to dispatch no price revision may take place without the prior written agreement of the Buyer.
3.3 Orders shipped to EU countries are charged the current rate of VAT (according to the tax obligations), unless a valid EU VAT number is supplied. Orders shipped to non EU destinations are not charged VAT. Charges for packing, postage and carriage (plus VAT) shall be paid in addition.
3.4 Website pricing may differ to sales literature pricing.

4 Payment

4.1 Seller offers to the Buyer a secure and convenient method for making payments online using PayPal. The PayPal system uses industry-leading security measures to ensure that customer’s financial information is kept private.

4.2 The Buyer DOES NOT need a PayPal account to use BatteryEmpire web shop. Buyer may pay with VISA, MasterCard, or American Express card. Buyer may pay with his/hers registered PayPal account.

4.3 Additional information about the PayPal payment system may be found on the PayPal website.

5. Delivery

5.1 This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses. Seller cannot deliver to the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland. All Goods must be signed for by an adult aged 18 years or over on delivery.

5.2 Delivery charges and estimated timescales are specified before Buyer confirm an order. Seller makes every effort to deliver Goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors.

5.3 Risk of loss and damage of products passes to Buyer on the date when the products are delivered to the Buyer or are left with a person or place nominated by the Buyer.

5.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5.5 Investigations into lost parcels can take up to 14 days. Refunds or replacements will not be issued until the investigation is complete.

6Warranties and Liabilities

6.1 Subject to the conditions set out below the Seller warrants, that the Goods will at the time of delivery correspond to the description given by the Seller.
6.2 The above warranty is given by the Seller subject to the following conditions:
6.2.1 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
6.2.2 The Seller shall not be under liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s written approval;
6.2.3 The Seller shall be under no liability under the above warranty (or any other warranty, conditions or guarantee) if the total price for the Goods has not been paid by the due date for payment;
6.2.4 Where the Goods are covered by manufacturer’s warranties, details of which will be supplied to the Buyer on delivery of the Goods the Buyer shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller.
6.3 Subject as expressly provided in these conditions and except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by the law.
6.4 Where Goods are sold to a consumer (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
6.5 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be held responsible for any incompatibility issues or held liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer including, without limitation, losses or damages of the types listed below:-
6.6.1 loss of profit; and/or
6.6.2 loss of business and/or goods; and/or
6.6.3 loss of revenue; and/or
6.6.4 loss of contract; and/or
6.6.5 loss of goodwill; and/or
6.6.6 loss of use; and/or
6.6.7 loss and/or corruption of data and/or other information; and/or
6.6.8 downtime; and/or

6.6.9 loss of anticipated savings; and/or
6.6.10 any damage relating to the procurement by you of any substitute hardware or software.
6.7 The entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

7 Consumers’ Right of Withdrawal

If the Buyer is shopping for purposes assigned neither predominantly to his/hers commercial nor to self-employed occupation and if the Buyer is thus ordering as a consumer, the Buyer are entitled to a right of withdrawal according to the following withdrawal instruction:

WITHDRAWAL INSTRUCTION

Right of withdrawal

You have the right to withdraw from this contract within 14 days without stating any reasons.

The withdrawal period will expire after 14 days from the day on which you or a third party you nominated and who is not the carrier received the Good(s).

In order to exercise your right of withdrawal, you shall inform us (Paweł Ochyński CSG, BatteryEmpire.co.uk online shop, ul. Szymonowica 83, PL 30-396 KRAKÓW, Poland, tel.: +44 870 820 0043, e-mail: contact@batteryempire.co.uk) of your decision to withdraw from the contract by means of an unequivocal declaration (for example, in a letter sent by post, telefax or email). For this, you may use the attached withdrawal form, although this is not a strict requirement.

It shall be deemed sufficient for compliance with the withdrawal term, if you dispatch the notification of exercising the right of withdrawal before the withdrawal term has expired.

Consequences of withdrawal

When you withdraw from this contract, we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs resulting from your decision to use a different delivery method than the cheapest standard method we offer), without any undue delay and within no more than 14 days after receipt of your notification of withdrawal. for this refund, we will use the same payment that you used for the original transaction, unless expressly agreed otherwise with you; in any event, we shall not charge you any fees on the basis of this refund. We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the Goods, whichever is earlier.

You are obliged to return the Goods without any undue delay and in any event within no more than 14 days after the date on which you notified us of the withdrawal. The deadline will be upheld provided the Goods have been dispatched within 14 days of the notification. We shall bear the direct costs for the return of the goods.

You are only required to compensate for any diminished value of the goods, if this diminished value is ascribed to an unnecessary handling thereof on your part to test the condition, features and mode of operations of the Goods.

Standard withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it to us.)

To: Paweł Ochyński CSG, BatteryEmpire.co.uk online shop, ul. ul. Szymonowica 83, PL 30-396 KRAKÓW, Poland, Poland, e-mail: contact@batteryempire.co.uk

I/we (*) herewith revoke the contract that I/we (*) concluded concerning the purchase of the following goods (*)/the provision of the following service (*)

_________________________________________________________________________________

Ordered on (*)/received on (*) __________________________________________________

Name of consumer(s) _____________________________________________________________

Address of consumer(s) __________________________________________________________

__________________________________________________________
Signature of consumer(s) (only for notification on paper)

_____________
Date

(*) Delete as appropriate


8. Customer services/Dispute resolution

In the event of any problems or disagreements, we will always strive to find a solution in the interest of our customers. Our dedicated customer service team is happy to help you with advice and assistance. You can telephone us on +44 870 820 0043 (office hours: Monday - Friday 8am - 5pm, and Friday 8am - 5pm). You can also email us at contact@batteryempire.co.uk

The European Commission also provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. However, we are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.

9 Governing Law/Jurisdiction

The contractual relations of the parties to this contract are governed by and construed in accordance with Polish Law. This choice of law does not apply to consumers inas much as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.