Regulations for the sale of personalised products

§1
General provisions

1. These regulations for the sale of personalised products define the rules for concluding a sales contract between the Buyer and the Seller, using means of communication via the contact form on the website https://kubotastore.pl/customization or electronically – by sending an e-mail to the Seller’s address.
2. The regulations for the sale of personalised products are provided by the Seller on the website https://kubotastore.pl/customization in a way that enables Buyers to obtain and record its content.

§2
Definitions

1. Buyer – a natural person, a legal person or an organisational unit without legal personality which is granted legal capacity by applicable law,
2. Seller – KUBOTA S.A. with its registered office in Łódź (91-204), at Traktorowa 128 premise 14, entered into the National Court Register kept by the District Court for Łódź – Śródmieście in Łódź, 20th Commercial Division under National Court Register (KRS) number 0000908125, tax ID (NIP): 7262673092,
3. Regulations for the sale of personalised products – these regulations (hereinafter: “Regulations”),
4. Personalisation – the service of marking products from the Seller’s offer, tailored to the individual needs of the Buyer, non-prefabricated products, products manufactured according to the Buyer’s specifications,
5. Contact form – contact form included on the website https://kubotastore.pl/customization
6. Order form – a document confirming the order accepted for execution, specifies the basic parameters of the order, such as the quantity of ordered products, price, method of payment, shipping. It contains the Buyer’s data and the delivery address. It is the basis for the execution of the order.
7. Working day – one day from Monday to Friday, excluding public holidays.

§3
Introductory Provisions

1. The Buyer may order personalised products from the Seller’s offer via the website https://kubotastore.pl/customization
   and the contact form contained therein or via e-mail – by sending a message to the Seller’s e-mail address.
2. The Regulations are an integral part of the fulfilment of the order placed by the Buyer.
3. A quotation for a product is made by sending a contact form or a message to the Seller’s e-mail address and will be made no later than 2 working days after sending the message.

§4
Conditions for entering into a sales contract

1. A sales contract in writing will be concluded as a result of individual arrangements between the Seller and the Buyer.
2. A contract may be also electronically signed with the use of qualified electronic signatures (QES) and the use by a party of a qualified electronic signature shall, for the purposes of validity, enforceability and admissibility, be conclusive evidence of that party’s intention to be legally bound as a hand written signature.
3. There are two ways to place an order for personalised products:
   1. using the contact form, or
   2. a message sent to the Seller’s e-mail address.
4. By accepting the order form, the Buyer is deemed to have read and accepted these Regulations.
5. The Seller confirms the order, providing the delivery time and the quote. The order shall be deemed accept for fulfilment only if it is accepted in writing (by e-mail) together with payment of the agreed amount to the Seller’s bank account on the basis of a proforma invoice or VAT invoice.
6. The order completion time is determined individually, unless the offer includes a specific delivery period for the ordered product.
7. If the Seller is unable to keep the order completion date previously confirmed with the Buyer for reasons attributable to the Seller, it shall inform the Buyer about it, asking for consent to change the order completion date. If the new delivery date is not accepted – the order will be cancelled and the amount paid refunded.
8. The Seller shall have the right to withdraw from the sales contract concluded with the Buyer within 5 calendar days from the date of acceptance specified in section 4. In such a case, the right to withdraw is granted without giving a reason and any refund, by sending an appropriate statement.

§5
Forms of payment and delivery

1. The cost of delivery of the order is borne by the Buyer, unless the Seller indicates otherwise.
2. The delivery of ordered personalised products takes place on the place indicated by the Buyer. The order is delivered only on working days (i.e. from Monday to Friday, excluding public holidays, specified in separate regulations). The delivery time shall be determined by the Seller in the order confirmation or negotiated by the both Parties.
3. Delivery is made via, UPS, DHL, or another professional courier service company, via the Seller’s own courier service or by collecting the order in person at the Seller’s premises during the agreed hours.
4. The ordered personalised products are delivered to the Buyer’s address indicated in the order form.
5. The Seller may require prepayment in whole or in part.
6. Invoices are sent to the Buyer electronically, to the e-mail address provided in the order form.

§6
Liability

1. As soon as the Seller has handed over the personalised products to the selected carrier, the benefits and burdens of the order and the risk of its accidental loss or damage shall pass to the Buyer. The Seller shall not be liable for the loss, shortage or damage of the order arising from its acceptance for transport until its delivery to the Buyer, and shall not be liable for a delay in the delivery of the order.
2. In the case of delivery of the order via a carrier, the Buyer is obliged to examine the shipment in time and in the manner accepted for such shipments. If s/he finds that a loss or damage to the order has occurred during carriage, s/he shall take all necessary steps to establish the carrier’s liability.
3. The document entitling to file a complaint about a defective order is an invoice.
4. Pursuant to the provision of art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for physical and legal defects of the ordered products is excluded.

§7
Personal data

1. The controller of the Buyer’s personal data is the Seller.
2. The Seller processes the Buyer’s personal data only for the purpose of order fulfilment.
3. In matters related to personal data, the Buyer should contact the Data Protection Officer, e-mail [email protected]
4. The personal data controller ensures data security by providing technical and organisational measures to prevent their processing by unauthorised entities.
5. Providing personal information is voluntary. Each person whose personal data is processed by the Seller has the right to inspect their content and the right to update and correct them.
6. The Buyer agrees to the collection, storage and processing of personal data by the Seller for purposes directly related to the execution of the ordered personalised products.
7. Detailed conditions for the collection, processing and protection of personal data are set out in the Seller’s Privacy Policy, posted on the website https://kubotastore.pl/privacy-policy

§8
Final Provisions

1. These Regulations for the sale of personalised products are valid from the date June 1, 2023.
2. The Specific Rules for personalised products (Appendix No. 1) are an integral part of these Regulations.
3. The Seller reserves the right to change the Regulations at any time. Changes to the Regulations are effective from the moment they are posted on the website https://kubotastore.pl/customization and apply only to sales contracts concluded after the changes have been posted.
4. The contract between the Parties shall be governed by Polish law.
5. For the resolution of any conflict that may arise within the scope of interpretation and/or execution of the terms contract and / or these Regulations, the Parties expressly submit to the Jurisdiction of the Polish Courts; and specifically, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Łódź, Poland.

Appendix 1 – Specific Rules for Personalised Products.