Terms and conditions

Terms and conditions of the simgauges.com online store.

Specification of the Seller:

The owner of the Online store is “FPU Monika Pajor” with its registered office in Łódź, ul. Arabska 8, 93-481 NIP: 9820361569, REGON: 520493046, Tel. +48 663 999 998, E-mail: contact@simgauges.com.

§ 1 Definitions

  1. Terms and Conditions – the following terms and conditions, terms and conditions as referred to in Art. 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended).
  2. Simgauges.com Online Store – an organized IT structure placed at the www.simgauges.com website, used to conclude Contracts of Sale by electronic means.
  3. Buyer – a natural person, a legal entity or an unincorporated body, which may acquire rights and incur liabilities in its own name, in accordance with the provisions of generally applicable law.
  4. Consumer – a natural person using the simgauges.com Online Shop for purposes not directly related to their business or professional activity.
  5. Seller – Electronics Production Monika Pajor, providing sales services through the simgauges.com Online Store on the terms set out in these Terms and Conditions.
  6. Product – a movable property, presented in the Whisebar.com Online Store, to which the Contract of Sale applies.
  7. Contract of Sale – a contract of sale for the sale of Products, within the meaning of the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended), concluded between the Seller and the Buyer via the simgauges.com Online Store.
  8. Order – Buyer’s declaration of intent clearly specifies the type and quantity of Products, aimed directly at the conclusion of the Contract of Sale.
  9. User Account – a set of resources in the Seller’s IT system, where data and information about Orders placed are collected, designated with an individual name (login) and a password provided by the Buyer.
  10. Durable medium – a material or an instrument that enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

§ 2 General provisions

  1. When making purchases through the simgauges.com Online Store, the Buyer shall accept the provisions of these Terms and Conditions and shall undertake to comply with them.
  2. Payments shall be processed by:
    • Stripe Inc. (354 Oyster Point Boulevard South San Francisco, California, 94080)
    • PayPro SA ul. Kanclerska 15, 60-327 Poznań, NIP: 779-236-98-87 KRS number: 0000347935.
  3. All Products offered at the simgauges.com Online Store are brand new, originally packed, free from physical and legal defects, and were legally placed on the Polish market.
  4. Seller shall not be liable for the e-mail servers’ administrators blocking the sending of messages to the e-mail address indicated by the Buyer, as well as for e-mails deleted and blocked by software installed on a computer or other device used by the Buyer.
  5. All the pictures of products and other materials (including texts, graphics, and logotypes) published at simgaues.com Online store are owned by the seller or have been used with the consent of third parties who are holders of copyrights.
  6. Prohibited is the copying of the pictures, and other graphic materials and reprinting of texts published at simgauges.com Online store including making them available online without the seller’s written consent or the third party who is the holder of copyrights.
  7. Prohibited is also downloading pictures from the Online store website for marketing and commercial purposes.
  8. Use of the above-mentioned materials without the seller’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.

§ 3 Ordering procedure

  1. Orders at the simgauges.com Online Store can be placed 24 hours a day, 7 days a week, throughout the year (except for maintenance breaks).
    In order to place orders, it is necessary to have an active e-mail account.
  2. An Order can only be processed when, in addition to accepting these Terms and Conditions, the Order Form is completed by way of providing correct contact details, including the exact shipping address, telephone number, and e-mail address.
  3. In the event data referred to in ss. 3 is incomplete, the Seller shall contact the Buyer. In the event this shall not be possible, the Seller shall have the right to cancel the Order.
    In the event the Buyer’s data provided during the process of setting up a User Account or completing a one-off order form change, the Buyer shall be obliged to immediately update it.
  4. User Account is obtained by completing the form available via simgauges.com
  5. After filling in the form, an activation e-mail shall be sent to the e-mail address provided therein. This e-mail shall be received and confirmed by clicking on the activation link.
  6. The buyer shall be obliged to provide true and complete information in the process of registering a User Account or filling out a one-off order form. Providing unlawful content shall not be permitted.
  7. In the case of a one-off Order, it shall not be necessary to create a User Account. The Order Form must be completed correctly and the terms and delivery conditions contained therein must be accepted.
  8. The shipping address provided during User Account registration is also the default shipping address. Buyers shall have the option of providing a different address each time they place an order.
  9. In the event, that a business address is provided when filling out an Order Form, the name of the company must additionally be provided.

§ 4 Procedure for concluding a contract of sale

  1. The contract of Sale is concluded following the completion of the Order Form, referred to in Art. 3 ss. 3 of these Terms and Conditions.
  2. In order to place an Order the Buyer shall:
    • select the ordered Products and their quantity;
    • select the delivery method, enter a shipping address, and enter invoice or receipt details;
    • select the payment method;
    • elect the box confirming the order and informing about the obligation to pay (messages on the website shall be followed).
  3. After submitting an Order an e-mail containing a statement confirming the receipt of the order, the manner of its processing, and the conclusion of the Contract of Sale between the Buyer and the Seller shall be sent immediately to the e-mail address provided by the Buyer.
  4. In the event, that a parcel other than cash on delivery was selected or a non-payment via electronic means otherwise occurred, the Seller shall also indicate the bank account to which the payment shall be made within the e-mail referred to in ss. 3 above.
  5. The amount of Products offered at the simgauges.com Online Store varies and is constantly updated.
    Orders are accepted in the order in which they shall be received until stocks last. In the event Products specified in the Order are unavailable, the Seller shall notify the Buyer about this immediately, however not later than within 14 days from the date of the conclusion of the Contract of Sale, and shall return the payment to the Buyer. The notification shall be sent to the e-mail address provided by the Buyer in the Order Form.
  6. Upon the Buyer’s choice, the Seller shall deliver a receipt or a VAT invoice, which may be attached to the shipment or may be sent electronically to the indicated e-mail address, in the form of an electronic image of settlement documents. Seller may also issue and send a VAT invoice in the electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, terms of their storage, and the mode of making them available to the tax authority or the fiscal control authority.
  7. After placing an Order and not later than at the time of delivery of the Product or before the commencement of the service, the Seller shall send to the Buyer a confirmation of the conclusion of a Distance Contract on a Durable Medium.
  8. The contract of Sale is concluded following the completion of the Order Form, referred to in Art. 3 ss. 3 of these Terms and Conditions.
  9. In order to place an Order the Buyer shall:
    • select the ordered Products and their quantity;
    • select the delivery method, enter a shipping address, and enter invoice or receipt details;
    • select the payment method;
    • elect the box confirming the order and informing about the obligation to pay (messages on the website shall be followed).
  10. After submitting an Order an e-mail containing a statement confirming the receipt of the order, the manner of its processing, and the conclusion of the Contract of Sale between the Buyer and the Seller shall be sent immediately to the e-mail address provided by the Buyer.
  11. In the event, that a parcel other than cash on delivery was selected or a non-payment via electronic means otherwise occurred, the Seller shall also indicate the bank account to which the payment shall be made within the e-mail referred to in ss. 3 above.
  12. The amount of Products offered at the simgauges.com Online Store varies and is constantly updated.
    Orders are accepted in the order in which they shall be received until stocks last. In the event Products specified in the Order are unavailable, the Seller shall notify the Buyer about this immediately, however not later than within 14 days from the date of the conclusion of the Contract of Sale, and shall return the payment to the Buyer. The notification shall be sent to the e-mail address provided by the Buyer in the Order Form.
  13. Upon the Buyer’s choice, the Seller shall deliver a receipt or a VAT invoice, which may be attached to the shipment or may be sent electronically to the indicated e-mail address, in the form of an electronic image of settlement documents. Seller may also issue and send a VAT invoice in the electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, terms of their storage, and the mode of making them available to the tax authority or the fiscal control authority.
  14. After placing an Order and not later than at the time of delivery of the Product or before the commencement of the service, the Seller shall send to the Buyer a confirmation of the conclusion of a Distance Contract on a Durable Medium.

§ 5 Prices, payments, and order cancellations

  1. The total cost of the Order consists of the Product price and the shipping price (cost of delivery). The Product price indicated at the simgauges.com website shall be binding at the time of placing the Order by the Buyer.
  2. All Product prices are posted at the simgauges.com Online Store:
    • are given in euros;
    • including VAT;
    • do not include delivery costs – the Buyer is informed about the obligation to pay such costs at the simgauges.com Online Store website while placing the Order.
  3. Delivery cost shall depend on the form of delivery of the Product selected by the Buyer.
  4. Buyers may choose the following forms of payment for ordered Products:
    • bank transfer: The order shall be processed after the payment has been credited to the Seller’s bank account;
    • an electronic payment by means of a credit card or an e-transfer: the Order shall be processed after the Seller receives a confirmation of the correct performance of the operation from the payment operator.
  5. In the case of payments specified in ss. 4 (2) above, the Buyer shall be obliged to make a payment to the Seller’s bank account, the details of which shall be sent in the e-mail confirming the placing of an Order, with the subject line ‘Order No. [●]’. Payment shall be made within 5 days from the date of receiving the e-mail confirming the acceptance of the Order.
  6. In the event the Buyer shall fail to make a payment within the time specified in ss. 5 above, the Seller shall send an e-mail to the Buyer reminding the Buyer to pay for the Order. In the e-mail reminder, the Seller shall give the Buyer another five-day period, after which the order shall be cancelled.
  7. Settlements of credit card transactions and e-transfers are carried out through:
  8. An Order may also be cancelled or modified at the Buyer’s request, submitted before shipment of the Product at the latest. The request to cancel an Order shall be sent to contact@simgauges.com
  9. Shipment delivery date shall each time depend on the selected shipment type and shall result from the terms and conditions for the provision of transport services applied by, among others, GLS, DHL and DPD.

§ 6 Deliveries

  1. Products are delivered by specialized courier companies like DHL or DPD. In some cases, there shall be a possibility of the personal collection of goods at the Seller’s premises.
  2. Shipping prices are specified in the order summary and can vary depending on the destination country in Europe and the size and weight of the package.
  3. Detailed terms of delivery shall specify the terms and conditions for the provision of transport services applied by, among others, DHL, and DPD.
  4. Seller shall, via e-mail, inform the Buyer about sending the Product.
  5. Buyer shall, via e-mail, inform the Seller about non-delivery of the shipment. This e-mail shall be sent to contact@simgauges.com.
  6. In case the notification referred to in ss. 5 above shall be approved, then the Seller shall return to the Buyer immediately, however not later than within 14 days, the entire sum paid by the Buyer.
  7. In case it shall appear that the Product has been damaged in transport, then the Buyer shall notify the Seller via e-mail. This e-mail shall be sent to contact@simgauges.com, together with the damage report, if such a report was prepared by the Buyer.

§ 7 Complaints and guarantees

  1. The guarantor is FPU Monika Pajor, with its registered office in 93-481 Łódź, ul. Arabska 8, NIP: PL9820361569, REGON: 520493046, Tel. +48 663 999 998, Email: contact@simgauges.com
  2. The warranty period is 24 months from the date of sale – according to the date on the proof of purchase.
  3. The warranty covers only damages and defects resulting from the causes inherent in the sold unit. The warranty does not cover:
    • mechanical damages and the defects caused by them,
    • damages resulting from misuse, inconsistent with the manual and safety rules use and storage of the product,
    • damages caused by external factors, such as flooding with liquid, moistness (e.g. by precipitation or condensation of water vapour at variable temperatures), too high or too low temperature, lighting, chemical agents and other ones beyond the control of the Guarantor,
    • damages resulting from unauthorized repairs, alterations, software changes made by the purchaser or unauthorized persons,
    • damages resulting from natural wear and tear such as scratches, dirt, abrasions, wiping of inscriptions etc.,
    • damages or malfunctions caused by improper installation of the equipment cooperating with the product,
    • operations listed in the manual for execution by the user e.g. equipment installation, programming, cleaning and maintenance,
    • products in which the warranty seal was removed or damaged.
  4. The warranty covers the products used solely for non-business purposes. The warranty does not cover the products exploited for profit-making purposes.
  5. The customer may be charged for transport and diagnosis of the product when the product sent to the service station within the warranty claim is operational or misconfigured.
  6. The warranty covers free of charge replacement of spare parts supplied by the Guarantor needed for repair and labour during the warranty period. Defects detected during the warranty period can be removed only by guarantor authorized service stations the addresses of which are available on the Guarantor’s website.
  7. Defects found during the warranty period will be repaired free of charge as soon as possible without a maximum of 21 working days from the date the equipment is accepted for repair. This time limit may be prolonged if the repair requires the import of spare parts or because of import/export restrictions for spare parts or other legal regulations and other circumstances on which the guarantor company has no influence.
  8. A Guarantor does not bear responsibility for any financial loss or other civil law consequences caused by a defect in the claimed device. It regards in particular: loss of turnover, profit, possible benefits, loss of data, information and media damage. A guarantor does not bear responsibility for the content, reliability or availability of services and applications contained in the devices and delivered by third parties. Services and applications are provided in the state in which they are. A Guarantor does not bear responsibility for any accessories that do not constitute a purchased set and additional elements attached to the device for the duration of the repair.
  9. In case it is needed to deliver the equipment to the service station, the Customer is obliged to send the equipment in the original factory packaging together with all fillers. Otherwise, the risk of damage to the equipment during transport in both directions is borne by the Customer. Cash on delivery parcels will be not accepted by the guarantor.
  10. In case a defect is found the Customer may submit a claim through the contact form located on the Guarantor’s website.
  11. The customer is obliged to check the condition of the received equipment in the presence of the courier company’s representative immediately upon receipt. In case of damage to the shipment, a protocol of damage must be drawn up that will be the basis for pursuing possible warranty claims.
  12. The warranty does not exclude, limit or suspend the rights of the buyer arising from the local regulations regarding Consumer’s rights.
  13. Defective pixels. Sim Gauges products can have:
    • 4 defective pixels (dead pixels, points permanently unlit);
    • 5 defective pixels permanently lit in white;
    • 10 defective subpixels that are points lit in the colour – red, green or blue.

In case the panel exceeds the principles given above, it is subject to warranty repair in the manner established by the Guarantor.

§ 8 Out-of-court procedures for handling complaints and claims settlement

  1. Consumers may use out-of-court means to handle complaints and claims settlement. In case they would like to amicably settle disputes arising from making purchases on the website www.whisbear.co.uk website, then in accordance with Regulation (EU), No 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending the Regulation (EC) 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR) – the Consumer may lodge a complaint via the EU ODR online platform, available at: http://ec.europa. eu/consumers/odr/ or through mediation – detailed information regarding possible out-of-court procedures for handling complaints and claims settlement available to a Buyer-Consumer, as well as the rules governing the accessibility of such procedures, are available at https://uokik.gov.pl/wazne_adresy.php#faq595, as well as in the offices and on the websites of the district (municipal) consumer ombudsmen, and other social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection.
  2. The European ODR platform is intended to facilitate the independent, impartial, effective, quick, and fair out-of-court settlement of disputes, via the Internet, between consumers and traders regarding contractual obligations arising from online contracts of sale or service contracts, concluded between consumers resident in the European Union and traders having their registered seats in the European Union.
  3. The use of available out-of-court procedures for processing complaints and claims settlement shall be possible after the complaint procedure is completed and is voluntary – both parties must agree to proceed. Seller agrees to the use of out-of-court dispute resolution with Consumers.

§ 9 Withdrawal from contract

  1. The following section of Terms and Conditions shall only apply in relation to Buyers who are Consumers.
  2. The consumer who has concluded a distance contract shall have the right to withdraw from it without stating a reason within 30 calendar days.
  3. In order to meet the deadline, it shall be enough to send a statement within its time limit. The statement may be submitted on a form, the model of which is attached to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). Template available at the simgauges.com Online store website (which can be found and downloaded from the end of this page) may also be used.
  4. The returned Product should be returned, together with a statement of withdrawal from the contract referred to in ss. 3 above, to the following address: “FPU Monika Pajor, ul. Arabska 8, 93-481, Łódź, POLAND”, annotated ‘RETURN’, not later than within 14 days from the date of submitting the statement of withdrawal from the contract.
  5. The period for withdrawal from the contract shall commence:
    • the moment the Consumer or a third party designated by them, other than the carrier, shall take possession of the Product;
    • the moment the Consumer or a third party designated by them, other than the carrier, shall take possession of the last Product, lot or part in the case of a contract that includes many Products;
    • the moment the Consumer or a third party designated by them, other than the carrier shall take possession of the first Product in the case of a contract consisting of regular delivery of Products for a specified period of time;
    • from the date of conclusion of the contract, in the case of other contracts.
  6. In the event of withdrawal from a distance contract, the contract shall be considered null and void.
  7. The service provided for the benefit of the Seller shall be returned to the Consumer promptly, and not later than within 14 days from the date of receipt of the statement on withdrawal from the Contract.
  8. In the event the Consumer has made a payment by credit card or by electronic bank transfer, the sum paid shall be reimbursed to the card or to the bank account from which the payment was made.
  9. In case payment was made by a traditional transfer or by way of payment on delivery, the sum paid shall be reimbursed to the bank account indicated by the Consumer in the statement of withdrawal from the contract or by way of a postal order, at the Consumer’s discretion.
  10. The Seller shall not be liable for failure to make a refund or for its delay in case it occurred due to the Consumer providing incorrect personal data (name, surname, address) or an incorrect bank account number.
  11. The sum referred to in ss. 7 above shall be comprised of the price of the purchased Product, with the reservation that the shipping costs incurred in connection with the return of the Product to the Seller shall be charged to the Consumer.
  12.  The Seller is not obliged to refund the cost of delivery of products.
  13. Consumers shall be liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. Exceeding the above limits shall not mean that the withdrawal from the contract is ineffective.

§ 10 Privacy policy

  1. The seller is the personal data controller as regards the data collected through the simgauges.com Online Store.
  2. The personal data of Buyers are protected in accordance with the Privacy Policy posted on the simgauges.com Online Store website.

§ 11 Final Provisions

  1. Disputes that may arise between the Buyer and simgauges.com shall be subject to the decision of the competent court in accordance with the provisions of the Act of November 17, 1964, the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as:
    • amendments to the applicable law;
    • amendments to the methods of payment and delivery – to the extent to which such amendments affect the implementation of the Terms and Conditions.
  3. Buyers with a User Account at the simgaues.com Online Store shall be informed about amendments to the Terms and Conditions via e-mail.
  4. In case the Terms and Conditions of the simgauges.com Online Store have been amended during the time that has elapsed since the last logging in, the Customer shall accept or shall not accept the provisions after the amendments.
  5. Buyers who shall not accept the amendments introduced in the Terms and Conditions shall have the right to delete the User Account at any time.
  6. Orders placed by Customers prior to the entry into force of the amendments to the Terms and Conditions shall be processed in accordance with the current provisions of the Terms and Conditions.
  7. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.