1.1. The Website available at history.vin is operated by Data Focus Kazimierz Szymczak. ul. Aleksandrowska 100/16, 91-224 Łódź. NIP: 7272744528. REGON: 381398421; email address: [email protected].
1.2. The provisions of these Terms of Service are not intended to exclude or limit any rights of the Service Recipient who is also a consumer under mandatory legal provisions. In case of inconsistency between the provisions of these Terms of Service and the above provisions, the legal provisions take precedence.
1.3. Definitions:
1.3.1. Tpay - National Payment Integrator joint stock company based in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, entered in the register of entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Department of the National Court Register under number KRS 0000412357, NIP 7773061579, REGON 300878437, share capital 5,494,980.00 PLN - fully paid.
1.3.2. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.3.3. VIN NUMBER - unique identification number specific to a given motor vehicle, consisting of a maximum of 17 characters (letters and digits) (Vehicle Identification Number).
1.3.4. OPINIONS AND COMMENTS - Electronic Service available on the Website enabling Service Recipients to add opinions and comments.
1.3.5. PAYPAL - PayPal (Europe) S.a r.l. & Ctc. S C.A company based in Luxembourg (registered office address: 5th Floor. 22-24 Boulevard Royal. L-2449 Luxembourg) handling electronic payments through http://www.paypal.pl/.
1.3.6. VEHICLE - motor vehicle with VIN Number indicated by the Service Recipient.
1.3.7. REPORT - Electronic Service consisting of providing information and events about the Vehicle in the form of an electronic report.
1.3.8. TERMS OF SERVICE - these terms of service for the Website.
1.3.9. WEBSITE - Service Provider's website available at history.vin.
1.3.10. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Service Recipient through the Website.
1.3.11. SERVICE RECIPIENT - natural person with full legal capacity, legal entity or organizational unit without legal personality that uses the Electronic Service in accordance with the Terms of Service.
1.3.12. SERVICE PROVIDER - Data Focus Kazimierz Szymczak. ul. Aleksandrowska 100/16, 91-224 Łódź. NIP: 7272744528. REGON: 381398421; email address: [email protected].
1.3.13. The Service Provider is obliged to deliver the product without defects, subject to the provisions contained in the terms of service.
1.3.14. Detailed information regarding the possibility for the Client who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/spory_konsumenckie.php https://www.uokik.gov.pl/sprawy_indywidualne.php and https://www.uokik.gov.pl/wazne_adresy.php.
2.1. The following Electronic Services are available on the Website: Opinions and Comments and Report.
2.1.1. Opinions and Comments - using Opinions and Comments is possible after going to the appropriate page of the Website. To add an opinion, rating or comment, the following Service Recipient data is required: name and email address.
2.1.2. Report - using the Report is possible after fulfilling three consecutive steps together - (1) filling out the order form (2) clicking the "BUY" field, and (3) making payment. In the Report order form, it is necessary to provide the Vehicle's VIN number.
2.1.3. The Service Recipient is obliged to use the Website in accordance with law and good practices, respecting personal rights and intellectual property rights of third parties. Unlawful actions that may hinder the functioning of the Website or expose the Service Provider to loss of reputation are prohibited.
2.2. The Service Recipient is prohibited from providing unlawful content. The Service Recipient is obliged to enter data consistent with the factual state.
2.3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider.
2.3.1. Computer, tablet, phone or other multimedia device with Internet access.
2.3.2. Internet browser installed on a device with Internet access: Mozilla Firefox version 10.0 and higher. Internet Explorer version 8.0 and higher. Opera version 11 and higher, Google Chrome version 17 and higher.
2.3.4. Enabled Cookie file support in the internet browser.
2.4. Opinions and Comments are provided free of charge.
2.5. Providing Reports is paid - the Report price is given on the Website - Report prices are given in Polish zloty. This price is the total price including taxes and all other fees.
2.6. Opinions and Comments are provided for an indefinite period. The Report is one-time and expires when the Report is made available.
3.1. The Report cost is available on the service website. To make the Report available, it is necessary to first fill out the order form.
3.2. The Report is only auxiliary (additional) in nature and should not constitute the sole basis for the Service Recipient's decision to conclude or not conclude a Vehicle sales contract. In case of any doubts about the Vehicle's origin, mileage or history, they should be verified with appropriate state authorities or third parties providing assistance in this regard. The Service Provider recommends in every case (even without doubts) contacting the above authorities and third parties to verify the Vehicle before making a decision to conclude a sales contract.
3.3. Information and events about Vehicles made available as part of the Report come from sources external to the Service Provider. The Service Provider's role in this case is limited only to making them available to the Service Recipient through the Website. The Service Provider does not verify the reliability, correctness and truthfulness of the above information and events about Vehicles.
3.4. The Service Recipient acknowledges that the service provider collects data from many sources for use in the Report. Collected data may duplicate errors and contain incomplete information. The Service Recipient understands and acknowledges that not all information may be available, complete and correct. Information in the report is only auxiliary in nature. The Service Recipient acknowledges and understands that the information contained in the report cannot unambiguously determine the actual condition of the vehicle, and the responsibility and decision to purchase the vehicle belongs to the service recipient. The Service Provider provides no warranty as to the correctness of data and completeness of the Report.
3.5. If after placing an order and making payment by the Service Recipient, the Service Provider is unable to collect information necessary to prepare the report, or the Vehicle VIN number provided by the Service Recipient prevents the service from being performed, the Service Provider undertakes to refund the full fee paid for the Report.
4.1. The Service Provider provides the following payment methods.
4.1.1. Electronic payments through the tpay service - possible payment methods are available on the Website before making payments and on the website http://www.tpay.pl/.
4.1.2. Electronic payments through the Paypal service; https://www.paypal.com.pl
4.2. Credit card and online transfer transaction settlements are carried out through the tpay Settlement Center.
4.3. PayPal transaction settlements are carried out through the PayPal service.
5.1. The Service Provider and Service Recipient may terminate the electronic service contract at any time by mutual agreement.
5.2. Termination of the Electronic Service contract concluded for an indefinite period of continuous nature.
5.2.1. The Service Recipient may terminate the contract with immediate effect and without stating reasons by sending an appropriate statement from the contact form on http://history.vin or in writing to the Service Provider's address.
5.2.2. The Service Provider may terminate the contract in case the Service Recipient violates the Terms of Service, in particular provides unlawful content, after an unsuccessful at least one-time notice to cease violations with setting an appropriate deadline. The contract expires in this case after 5 days from the date of making the termination statement (notice period).
5.2.3. The Service Provider may terminate the contract due to closing the Website or ceasing to provide the Electronic Service concluded for an indefinite period of continuous nature. The contract expires in this case after 14 days from the date of making the termination statement (notice period).
6.1. Complaints related to the provision of Electronic Services.
6.1.1. Complaints related to the provision of Electronic Services by the Service Provider through the Website may be submitted by the Service Recipient within 30 days of detecting irregularities, in particular by sending a message from the contact form on history.vin contact or in writing to the Service Provider's address. Sending the notification before the deadline expires is sufficient to meet the deadline.
6.1.2. The complaint should contain at least: the Service Recipient's name and surname; correspondence address, description of circumstances regarding the subject of the complaint, Report purchase date, payment date for the purchased Report, VIN number of the vehicle the Report concerns.
6.1.3. The Service Provider considers the complaint immediately, no later than within 14 days of receiving the complaint submission. The Service Provider's response regarding the complaint is sent to the Service Recipient's email address provided in the complaint submission or in another manner indicated by the Service Recipient.
7.1. A Service Recipient who is also a consumer and who concluded a distance contract with the Service Provider may withdraw from it without stating reasons by making an appropriate statement within fourteen days. Sending the statement before the deadline expires is sufficient to meet this deadline. The fourteen-day period in which the consumer may withdraw from the contract is calculated from the day the item is delivered, and when the contract concerns service provision - from the day it is concluded.
7.2. The right of withdrawal from a distance contract does not apply to consumers in cases of: - Service provision started, with the consumer's consent, before the expiration of the period mentioned above in point 7.1; - Services with characteristics specified by the consumer in their order or closely related to their person; - Services that, due to their nature, cannot be returned or whose subject deteriorates quickly.
8.1. The administrator of the Client's personal data collected through the website is: Kazimierz Szymczak conducting business activity under the name Data Focus Kazimierz Szymczak (business address: ul. Aleksandrowska 100/16, 91-224 Łódź entered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for economic affairs. NIP 7272744528 and REGON 381398421 email address [email protected] phone number:........ (charge as for standard connection - according to the relevant operator's price list).
8.2. The Client's personal data collected by the Administrator through the website is collected for the purpose of fulfilling the Sales Agreement or electronic Service agreement concluded with them.
8.3. The Client has the right to access their data content and correct it.
8.4. Providing personal data by the Client is voluntary, although failure to provide the personal data specified in the Terms of Service necessary to conclude a Sales Agreement or electronic Service agreement results in refusal to conclude such agreement. Data necessary to conclude a Sales Agreement or electronic Service agreement is also indicated each time on the website.
9.1. All content and graphic signs posted on the Website are protected by copyrights belonging to the Service Provider in accordance with the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83 as amended).
9.2. The Service Recipient may browse materials published on the Website, including within the provided Electronic Services, and download individual copies of these materials, within the limits permitted by law, exclusively for personal use.
9.3. It is prohibited to use content and graphic signs posted on the Website in any other way than indicated in these terms of service or by mandatory legal provisions.
10.1. Contracts concluded through the Website are concluded in accordance with Polish law and in the Polish language.
10.2. In matters not regulated by these Terms of Service, the provisions of the Civil Code apply; Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827), Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended) and other relevant provisions of Polish law.
10.3. Changes to the terms of service
10.3.1. The Service Provider reserves the right to make changes to the Terms of Service for important reasons such as: changes in legal regulations, changes in payment methods, changes in the scope of fees or forms of provided Electronic Services, changes in the Seller's address - to the extent that these changes affect the implementation of the provisions of these Terms of Service. The amended terms of service bind the Service Recipient if the requirements specified in Article 384 of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and the Service Recipient has not terminated the contract for the provision of Electronic Services of a continuous nature within 14 days from the date of notification.
10.3.2. However, changes to the Terms of Service will not in any way violate the acquired rights of Service Recipients who are also consumers within the meaning of Article 22 [1] of the Civil Code and who used the Website before the date the changes take effect. In such a case, the Service Recipient has the right to use the Website under the previous terms. In the event that a change to the Terms of Service would result in the introduction of any new fees or an increase in current prices, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.4. Dispute resolution: disputes arising between the Service Provider and the Service Recipient who is also a consumer are subject to appropriate common courts. Disputes arising between the Service Provider and the Service Recipient who is not a consumer are subject to the court appropriate due to the Service Provider's registered office.