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Regulations

Terms and Conditions of the SmartTrans online shop.

§ 1. PRELIMINARY PROVISIONS

Sale conducted at online shop www.smarttrans.eu is realized by the entity which is responsible for the functioning of this shop: 
SmartTrans Broda Kazimierz with headquarters in:
ul. 1 Maja 134/16
Katowice 40-237
Tax Identification Number (NIP): 954-243-34-96
REGON Number: 240664636 
Main storehouse 
ul. Fabryczna-Dworcowa
Mysłowice 41-404
Bank account number: 04 1050 1214 1000 0023 1899 9212 ING 
This entity is knows as “The Seller” in next parts of this regulations. 

1. This regulations were made due to art. 8, paragraph 1, point 1 of 1st Act of Electronic Services.
Regulations define in particular:
a) Type and scope of services provided in electronic way
b) The conditions of electronic services
c) Condition of concluding and terminating contracts of electronic sale
d) Complaint procedure.

2. The buyer accepts this regulations.
The core of www.smarttrans.eu shop is sale of goods. Goods have very detailed description and price. Prices are final, already with all the taxes included. Prices are in polish currency, PLN. The agreements is polish and it is concluded on the basis of polish law.

3. This regulations are current with all the consumers right included in the Civil Code and the Consumer Rights Law. The provisions inconsistent with the morals of the law do not oblige. In their place are used the relevant standard of common law.

4. Contact with “The Seller” takes place through the channels listed in the special section called “Contact”. Traditional correspondence should be sent on the address listed there. 

5. All the goods ordered with the option “Personal collection/Your own transport” are taken from the main storehouse in Mysłowice 41-404, at the Dworcowa-Fabryczna street by appointment accepted previously by telephone conversation. Vehicles are always loaded in the order they have arrived. 

6. The person who make an order or request is known in this regulations as “The Consumer”, “The Purchaser” or “The Buyer”.

7. All the packaging designs of all the products are property of the SmartTrans company. No one can copy them and use their design without speaking with the owner. 

8. The company provides authorization for the sale or distribution of goods to traders listed only on this page in special section. 

9. Sending orders through this site: www.smarttrans.eu means sending valid orders that will be prepared. 

10. While submitting your order you will be asked only for basic, required informations necessary for correct implementation (name, delivery address, telephone number etc.) These informations are used to produce all necessary transport documentation and accounting. The customer information are not used on any third party sites. 

§2 PROCEDURE OF ORDERING THE GOODS

1. The buyer make an order by filling interactive form available on our website. The buyer can choose all the goods that he wants by putting them into his virtual cart. This form has to be filled only with instructions that you can see on the screen. The buyer indicated not only the goods he wants, but also their amount. 

2. The buyer has to give following informations: full name, address, address for service, telephone number. Also the buyer has to select his method of payment and method of delivery of his goods. In addition, the buyer has to provide additional informations that are needed for the invoice documents (only if he is interested). The buyer can verify or change his data during order (for example address of delivery) only before sending him the goods..

3. The purchase procedure ends by pressing the “Purchase” button which means that the buyer confirms his order and is obligated to pay. An order placed by the buyer is also confirmed by the seller. It is confirmed by sending an email (automatic) to the buyer. Along with the confirmation the buyer receives all the regulations. 

4. The buyer should follow all the instructions detailed in the confirmation. In particular, the buyer has to click the link in the email with confirmation. 

5. Regardless of all the informations submitted to the buyer about the agreement, the full text of such agreements is kept by the seller in the form of electronic record and is available for the buyer on his special request.

6. If the seller have any doubts about reliability of the informations provided by the buyer he can confirm them and can stop processing the order until final confirmation of the buyer. The seller will inform the buyer about such situation as soon as it is possible. The seller on request will also give back all the money that have been already payed. 

7. If the buyer is not answering phone calls on the day when order shall be delivered, the seller has the right to cancel an order or deliver it later. 

8. The buyer is informed all the time about the order status changes by sms message, phone call or special email, depending on the type of contract. The customer can also check status by quoting the order number in special section on www.smarttrans.eu website. 

§3 PRICES 
    
1. Current prices are always presented on the website www.smarttrans.eu in the section with products. Price list is always current. 

2. Orders are executed at the price of the order’s day. If the price changed between submission of the order and the execution of the order (sending the goods), the price will not change and order will be processed at the price of the day when order was made. 

3. Wholesale prices are determined individually. 

4. Wholesale buyer is determined by the amount of purchased goods. This are buyers who buy more than 24 tones of coal at once or smaller amounts but with the purpose of reselling them. 

5. Retails and wholesale prices are negotiable. Special arrangements can be made by contacting the seller. 

6. The buyer receives personal proof of delivery of his excise goods. Also the customer has a choice between receipt and invoice document.

7. Delivery price is determined by chosen option. Selecting the option depends of the buyer needs. Both parties can arrange different delivery, not included in delivery options. 

§4 PAYMENTS 

1. The buyer has to choose one of the following forms of payment:
a) Cash at the delivery - courier is charging the buyer after delivering the goods
b) Normal transfer - prepaid on selected by the seller bank account. The bank account for this form of payment is 04 1050 1214 1000 0023 1899 9212 ING.
c) Electronic automatic payments - supported by PayU SA (cost is the same as seen after selecting form of delivery)
d) Cash - payment in main storehouse (Mysłowice).

2. While choosing prepaid form of payments and delivery by courier or SmartTrans transport the money should be on account no later than 24 hours before shipping arranged in contract. Any delays with money transfer will cause delays with shipping an order

§5 ACCOUNT SERVICE 

1. Creating of an account is optional for all the users who wants to use our services. Account is the tool to help the buyer make purchases on this website.

2. User using our account service agrees to start respect our account service regulations in the moment of creating an account.

3. Account is established after filling the “Registration” form. 

4. The procedure of completing registration form require all the informations reffered in § 2, pt 2.

5. It is necessary to use correct email address, because the first password is received by an email. 

6. Every user gives all the informations only if he wants it. The user has also the ability to independently update his personal informations anytime he wants to or to remove his account from this website.

7. After completing the registration form, the user will receive an email with the verification link. Also in this email user will receive all the information about the account service regulations. 

8. After opening the verification link, user can use his new password and log in into our website. Clicking “Log in” button means that user accept all the account service regulations. It is the moment of signing non verbal agreement. 

9. The full text of this agreement is in electronic record form. It is also available for the user at anytime on request. 

10. Creation of an account and using it in anytime is free of charge. All the time. 

§6 DELIVERY

1. Time of delivery and receipt of goods when the customer choose his own transport is determined individually. 

2. Delivery of goods can be arranged with use of third party transport company. 

3. “Couriers” type of delivery are realized in cooperation with courier companies. Delivery usually takes 1-3 working days. 

4. In case of any incidents when third party company damage property of the buyer during, for example unloading the goods, the only responsible entity for this is this third party company. The seller is not taking responsibility for actions of third party companies. 

5. The customer is informed by email, sms message or phone call when courier take his goods from our company.

6. In case of any random events like: failure of vehicles or equipment, very bad weather, sudden break from mining in mines, lack of supplies and other unplanned events - the terms of contract may be delayed. The buyer is informed about such situation as soon as it is possible and of course the buyer can cancel the contract anytime. Then, the seller is obliged to give back all the money that have been prepaid in accordance with their original value. 

7. When a contracting authority (the buyer) has found that supplies have been damaged during transport, they need to indicate this on the bill before signing anything. Also, they buyer can refuse to take the goods if he think they are damaged. In such situation the buyer must write down appropriate protocol in the presence of the driver/courier. 

8. The driver must judge by himself whether the spot for unloading is good or not. He is not obliged to take a risk of driving into narrow gates, yards, not cleared of snow streets etc., even if the buyer insists. Driver is not bringing the cargo to customers house, unless such thing has been previously agreed with the seller. Normally unloading is done at a distance of 5m from the car. 

9. The buyer agrees to take the ordered goods from the seller in specified time. 

10. Entity which is not paying excise duty tax has to sign special documents upon delivery. Not signing will result in charging excise duty on coal accordance with applicable regulations. 

11. If the buyer has not take delivered goods without any reason, the seller can charge him for transport costs and for 20% of contract value. Penalty is mandatory.

§7 MERCHANDISE

1. SmartTrans company is selling stone coal coming only from polish mines.

2. It can be packed into 10kg or 20kg packages or delivered in bulk, depending on the contract. 

3. Packaged coal is stored and transported on pallets. 1 pallet is 1 tone of coal. 40 x 25kg bags or 100 x 10kg bags.

4. Pallets with coal are additionally secured with foil and eventually with a hood foil.

5. The chemical parameters of coal may be slightly different depending on current sort or mine from which the coal is coming from. Such differences are completely natural.

6. In period when it is raining more than usual it may happen that the goods are going to be very slightly wet. 

§8 COUPONS AND DISCOUNTS

1. Coupons and all the discount codes can be attached or printed on the delivered goods. 

2. Discounts can be realized within the next order, but only with the same customer. 

3. Absolute value of your goods will be reduced by the amount in the coupon.

4. Discount coupons are not monetary and they can’t be exchanged for money. 

5. Coupons and discount do not combine with other promotions and discounts.

6. During the seasonal discounts on site, all the promotion coupon can not be taken into account. 

7. The customer decide what kind of promotion he is going to use. It can be seasonal promotion on site, voucher, discount coupon or something else, but they do not stack. 

§9 WITHDRAWAL FROM THE AGREEMENT 

1. The customer who has bought the goods on our site, has the right to withdraw from the sale agreement within 14 days from the date of receiving his goods without giving any reason. According to the Customer Rights law from 30 May 2014.

2. The customer who wants to withdraw his sale agreement can do it by sending an unequivocal statement by traditional letter on this address:
SmartTrans Broda Kazimierz
ul. 1 Maja 134/16
40-237 Katowice,
or by sending such statement by email on address: biuro@smarttrans.eu.

3. In case of the withdrawal from the sale agreement, the seller will immediately, but no later than 14 days after receiving the statement from the customer, return him all the payments for both the goods and transport costs. 

4. The seller can wait with giving all the payments back until his goods will return to him or he will be the evidence of returning the goods (for example the courier letter).

5. The seller is giving all the payments back with the same method of payments which was used by the customer, unless the customer is insisting to return them in other way.

6. The customer is obliged to take all the costs of returning the goods to the seller unless it is the situation reffered in Art. 34, Paragraph 2 of Consumer Rights law from 30 May 2014.

7. The customer is responsible for any diminished value of the goods he has received.

§10 COMPLAINTS

1. If the customer has concluded that his goods are damaged or it is not the same as in the description - he can make a complaint.

2. All the complaints should be reported in a complaint form. After filling the form it should be sended by traditional letter on address:
SmartTrans Broda Kazimierz
ul. 1 Maja 134/16
40-237 Katowice,
or by sending such statement by email on address: biuro@smarttrans.eu.

3. Reply will be sent to the customer within 14 days from receiving the complaint. 

4. If the customer is making a complaint, then he is sending the goods back to the seller on his own cost. The seller is not paying for this transport. 

5. During the complaint procedure all the goods are subjected to laboratory examination and the results will determine whether the complaint will be accepted or rejected. Researched are performed only by independent laboratory. 

6. The seller will reply if the complaint will be made no later than 2 years after receiving the goods. If the buyer will make a complaint later than 2 months after seeing this defect he will lose powers reffered in article 8 from Special Conditions of Consumers Sale Act and change to Civil Code. 

§10 FINAL PROVISIONS

1. All the agreements made on this website are concluded in polish language.

2. The customer receives agreement as attached content with email that is confirming an order. 

3. All the informations and prices related to the goods published on this website are not an offer, within the meaning of the offer from Civil Code acts stated at 23 of April 1964. 

4. SmartTrans company accepts all the rights provided in the regulations of the current law, in particular this are acts of Civil Law and acts of Consumer Rights law. Regulations of this site are not limiting any rights of the customers. 

5. If this regulations will be changed, all the contracts, orders and reservations are going to be executed according to the regulation with were in force at the date of conclusion, signing an agreement, making an order etc. 

6. In all the matters that are not regulated in this regulations the customer should follow polish law. 

7. Annexes to this regulations are: Instruction on the right to withdraw from the contract which is an attachment 1 to this regulations.

8. These regulations are into force from 5.15.2015 and they applies to all the contracts concluded from that date. SmartTrans company reserves the right to make changes to this regulations. 

9. Personal data of all the customers are protected under the Act on Personal Data Protection from 29 of August 1997 to prevent access to them by third party entities. 

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