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    • Terms and Conditions

    StopTachograf Online Store Terms and Conditions

    § 1. General provisions and seller details

    1. The online store operating under the contact address service@stoptachograf.pl is run by 4City.

    2. These Terms and Conditions set out the rules for using the Online Store, placing orders for Products, concluding distance sales contracts, handling complaints and withdrawing from a contract.

    3. These Terms and Conditions apply both to Consumers and to Businesses using the Store.

    § 2. Definitions

    1. Customer – any entity making a purchase through the Store.

    2. Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to that person’s business or professional activity.

    3. Business with Consumer Rights (PNPK) – a natural person entering into a contract directly related to their business activity where the contract does not have a professional character for that person, in particular in view of the subject of the business activity recorded in the Polish Central Register and Information on Economic Activity (CEIDG).

    4. Business (B2B) – a natural person, legal person or organisational unit without legal personality making a purchase as part of its business or professional activity, excluding Businesses with Consumer Rights.

    5. Product – a movable item or software/device with pre-installed software offered in the Store and covered by a Sales Contract.

    § 3. Contact with the Store

    4CITY, with its registered office at ul. Chmielna 2/31, 00-020 Warsaw, Poland, Tax Identification Number (NIP): 7181911297, REGON: 200140491 (hereinafter the “Seller”). The devices do not violate Article 25 of the Tachographs Act (consolidated text: Journal of Laws of 2020, item 900).

    • Registered address: ul. Chmielna 2/31, 00-020 Warsaw, Poland.
    • Address for correspondence/service/complaints: 4City, P.O. Box 28, 15-080 Białystok, Poland (please mark: Service / Complaint / Return).
    • Email: service@stoptachograf.pl
    • Telephone: +48 889 994 414 (available on business days from 9:00 a.m. to 4:00 p.m.).

    § 4. Technical requirements

    To use the Store, browse its products and place orders, the Customer needs:

    1. a device with Internet access and a web browser;
    2. an active email account;
    3. cookies enabled.

    § 5. Prices and payment methods

    1. Prices shown in the Store are gross prices (including VAT) and are stated in Polish zloty (PLN).
    2. The Customer may choose from the following payment methods:
      • online payments and payment cards through Autopay.pl or Tpay:
        • payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic and Maestro;
        • instant online bank transfers and BLIK;
      • traditional bank transfer to the Seller’s account: 18 1090 2587 0000 0001 2407 9737.
    3. Online card and bank-transfer payments are processed by Autopay S.A. and Tpay.
    4. The Store does not offer cash on delivery.

    § 6. Placing and fulfilling orders

    1. Orders may be placed 24 hours a day using the order form available on the Store website.
    2. A Sales Contract is concluded when the Seller confirms by email that the order has been accepted for processing.
    3. Orders are usually dispatched within 2 business days after payment is credited. Delivery within Poland takes 3 to 5 business days in total.
    4. For payments by payment card, bank transfer or electronic payment, the order processing period starts on the day the payment is credited to the Seller’s bank or settlement account.
    5. Products are delivered by Poczta Polska / Pocztex within Poland only.

    § 7. Right to withdraw from the contract (Consumers and PNPK)

    1. Consumers and Businesses with Consumer Rights (PNPK) may withdraw from the Sales Contract without giving a reason within 14 days of taking possession of the Product.
    2. To exercise this right, the Customer must send an unequivocal statement to service@stoptachograf.pl or in writing to the service address: 4City, P.O. Box 28, 15-080 Białystok, Poland.
    3. The Seller will refund all payments received no later than 14 days after receiving the withdrawal statement. The Seller may withhold the refund until the returned Product has been received.
    4. Refund method: the Seller will refund the payment using the same payment method used by the Customer. If a payment made by card needs to be refunded, the refund will be made to the bank account linked to the Customer’s payment card.
    5. The Customer bears the direct cost of returning the goods.

    Exceptions to the right to withdraw (Emulator / OBD devices and software)

    1. Under Article 38(1)(9) of the Polish Consumer Rights Act of 30 May 2014, Consumers and PNPK do not have the right to withdraw from a distance contract for audio or video recordings, computer programs or devices with dedicated software installed (including, among others, LBD Emulator / OBD devices) supplied in sealed packaging if the packaging or security seal was opened or tampered with after delivery.
    2. Opening the manufacturer’s packaging or damaging the security seal on a device with software (e.g. an LBD Emulator) results in the loss of the right to withdraw from the contract.

    § 8. Complaints and statutory warranty – exclusion for B2B

    1. The Seller is obliged to deliver a Product free from defects.
    2. Complete exclusion of statutory warranty for Businesses (B2B): pursuant to Article 558 § 1 of the Polish Civil Code, the Seller’s liability under the statutory warranty for physical and legal defects of a Product is entirely excluded with respect to Customers who are Businesses (B2B). This exclusion does not apply to Businesses with Consumer Rights (PNPK).
    3. Complaints from Consumers and PNPK should be submitted in writing or by email. Customers are advised to describe the defect, when it occurred and the remedy they are requesting.
    4. The Seller will respond to a complaint from a Consumer or PNPK within 14 days of receiving it.

    § 9. Personal data protection (GDPR)

    1. The controller of Customers’ personal data is 4CITY, ul. Chmielna 2/31, 00-020 Warsaw, Poland.
    2. Personal data is processed to perform the Sales Contract, handle payments and delivery and, with consent, for marketing purposes, in accordance with GDPR requirements.
    3. Recipients of personal data may include online payment service providers (Autopay S.A.) and postal or courier operators delivering the Products.
    4. The Customer has the right to access, rectify or erase their personal data, restrict its processing and lodge a complaint with the President of the Polish Personal Data Protection Office (UODO).

    § 10. Final provisions

    Any disputes between the Seller and a Customer who is a Business (B2B) will be settled by the court with jurisdiction over the Seller’s registered office. Contracts are concluded in Polish. The Seller reserves the right to amend these Terms and Conditions for important reasons (changes in the law or changes to payment or delivery methods). Matters not covered by these Terms and Conditions are governed by Polish law, in particular the Civil Code.