The conclusion of the contract between the Buyer and the Seller can be done in two ways.

Before placing an order, the Buyer has the right to negotiate any provisions of the contract with
Seller, including those changing the provisions of the following terms and conditions. Such negotiations should be
conducted in writing and addressed to the Seller’s address (Classic Factory Andrzej Roszman, I Brygady Wojska Polskiego 17, 84-200 Wejherowo).
In case the Buyer resigns from the possibility of concluding an agreement by way of individual
negotiations, the following terms and conditions and relevant legal regulations shall apply.

REGULATIONS

§1 Definitions

1 Personal Data Administrator:

classicshop.co.uk

Classic Factory Andrzej Roszman

I Brygady Wojska Polskiego 17
84-200 Wejherowo

NIP: 588-199-31-78, REGON: 364253874

2. postal address – name or name of institution, location in locality (for
locality divided into streets: street, building number, apartment or premises number; for
locality not divided into streets: name of locality and property number), postal code
and locality.
3. claim address:

Classic Factory Andrzej Roszman

I Brygady Wojska Polskiego 17

84-200 Wejherowo

4. Delivery Price List – located at classicshop.co.uk/delivery a summary
of available types of delivery and their costs.
5. Contact Information:

Classic Factory Andrzej Roszman

I Brygady Wojska Polskiego 17

84-200 Wejherowo

e-mail: info@classicfactory.pl

phone: 515-660-889

(6) Personal data – any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require excessive cost, time or effort.

(7) Sensitive data – this is personal data containing information about racial or
ethnic origin, political views, religious or philosophical beliefs,
religious, party or trade union affiliation, as well as data on health, genetic code,
addictions, sexual life, convictions, judgments of punishment and criminal fines, as well as
other decisions made in judicial or administrative proceedings.
8. delivery – the type of transportation service along with the carrier and cost listed in
delivery price list located at classicshop.com/delivery
9. Proof of purchase – an invoice, bill or receipt issued in accordance with the Law on Tax on
goods and services of March 11, 2004 as amended and other relevant provisions of
law.
10. product card – a single sub-page of the store containing information about a single product.
11. Customer – a natural person of full legal capacity, a
legal person or an organizational unit without legal personality but with the capacity to
legal actions, making a purchase from the Seller directly related to its
business or professional activity.
12. Civil Code – the Civil Code Act of April 23, 1964, as amended.
13. code of good practice – a set of rules of conduct, in particular ethical standards and
professional standards referred to in Article 2 item. 5 of the Act on Counteracting Unfair
Market Practices of August 23, 2007, as amended.
14. consumer – an adult natural person with full legal capacity,
making a purchase from the Seller not directly related to his business
or professional activity.
15. shopping cart – a list of products compiled from the products offered in the store based on the
Buyer’s choices.
16 Buyer – both Consumer and Customer.
17. Place of delivery of the item – the postal address or collection point indicated in the order by
Buyer.
18. moment of delivery of the item – the moment when the Buyer or a third party designated by him to receive
takes possession of the item.
19. online ODR platform – the EU online service operating on the basis of the Regulation
of the European Parliament and of the Council (EU) No 524/2013 of 21 May 2013 on the online
system for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and
Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr
20. Payment – the method of making payment for the subject of the contract and delivery listed at
classicshop.pl/payment

21. authorized entity – an entity authorized for out-of-court dispute resolution
consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of
23 September 2016, as amended.
22. Privacy Policy – the rules of the Data Administrator’s processing of
personal data of Buyers, the rights of Buyers and the obligations of the Data Administrator, which can be found
at: classicshop.pl/policy-privacy
23. Consumer Law – the Consumer Rights Act of May 30, 2014.
24 Product – the minimum and indivisible quantity of things that can be the subject of an order, which
is given in the Seller’s store as a unit of measurement when determining its price
(price/unit).
25. subject of the contract – the products and delivery that are the subject of the contract.
26. subject of performance – the subject of the contract.
27. pickup point – the place of delivery of an item that is not a postal address, listed in the
listing provided by the Seller in the store.
28. the OCCP Register – the register of authorized entities maintained by the Office of Competition Protection
and Consumers on the basis of the Act on out-of-court settlement of consumer disputes of
September 23, 2016, as amended, and available at:
https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
on the protection of natural persons in relation to the processing of personal data and on the
free flow of such data and repealing Directive 95/46/EC
30. Thing – a movable thing that can be or is the subject of a contract.
31. Store – an online service available at classicshop.pl, through which,
the Buyer can place an order.
32. Seller:

Classic Factory Andrzej Roszman

I Brygady Wojska Polskiego 17

84-200 Wejherowo

NIP: 588-199-31-78, REGON: 364253874

registered and visible in the CEIDG records at the address:

BANK ACCOUNT: 11 1950 0001 2006 0010 0034 0001

33. system – a set of cooperating IT devices and software,
providing processing and storage, as well as sending and receiving data through
telecommunication networks by means of a terminal device appropriate for a given type of network,
commonly referred to as the Internet.
34. lead time – the number of hours or working days specified on the product card.
35..Contract – an agreement concluded off-premises or at a distance within the meaning of the Act on
consumer rights of May 30, 2014 for Consumers and a contract of sale in
within the meaning of Article 535 of the Civil Code Act of April 23, 1964 for Buyers.
36. Defect – both a physical defect and a legal defect.
37.Physical defect – non-compliance of the sold thing with the contract, and in particular if the thing:
a. does not have the properties that a thing of this kind should have due to the purpose
specified in the contract or resulting from the circumstances or purpose;
b. does not have the properties, the existence of which the Seller assured the Consumer,
c. is not suitable for the purpose, about which the Consumer informed the Seller at the conclusion of
the contract, and the Seller did not object to such purpose;
d. has been delivered to the Consumer in an incomplete condition;
e. if it has been incorrectly assembled and started up, if these actions have been performed
by the Seller or a third party for whom the Seller is responsible, or
by the Consumer who followed the instructions received from the Seller;
f. it does not have the properties assured by the manufacturer or its representative or a person who
places the thing on the market in the scope of its business activity, and a person who by
placing on the sold thing its name, trademark or other
distinctive sign presents itself as the manufacturer, unless the Seller did not know
or, judging reasonably, could not have known or could not have influenced the
Consumer’s decision to conclude a contract, or if their content was corrected before the conclusion
of the contract.
38. legal defect – a situation when the thing sold is owned by a third party or is
encumbered by a third party’s right, as well as if the restriction on the use or disposal
of the thing results from a decision or ruling of a competent authority.
39. order – a declaration of intent of the Buyer made through the store, specifying
unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery
of the item, Buyer’s data and aimed directly at concluding a contract between the Buyer
and the Seller.

39 Collection, acquisition, scope and purpose of personal data collection

• The Administrator informs Users that he entrusts the processing of personal data to the following entities:
  – Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP: 676-248-20-64, KRS: 0000537197 – for the use of the edrone.me mailing system, used for sending the newsletter,
  – Edrone Sp. z o.o., ul. Lekarska 1, 31-203 Kraków, NIP: 676-248-20-64, KRS: 0000537197: – for marketing purposes only for the purposes of an email, sms, social media campaign launched or designated by the Administrator using the edrone system,
  
  
• The Administrator informs that it uses the following technologies to track the actions taken by the user/customer within the Store website:
  
  – edrone tracking codes – for the purpose of analyzing the statistics of the Store website, as well as for marketing purposes only for the purpose of e-mail, sms, social media campaigns launched or indicated by the Administrator using the edrone system.

§2 General conditions

(1) The contract shall be concluded in the Polish language, in accordance with Polish law and these regulations.

(2) The place of delivery of items must be in the territory of the Republic of Poland.
(3) The Seller is obliged and undertakes to provide services and deliver items free from
defects.
(4) All prices quoted by the Seller are expressed̨ in Polish currency and arę gross prices
(contain̨ VAT). Product prices do not include the cost of delivery, which is specified in
delivery price list.
5. All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. the term specified in
days ends with the expiry of the last day, and if the beginning of the term specified in
days is a certain event, the day on which this event
occurred is not included in the calculation of the term.
6. Confirmation, access to, recording, securing of all material provisions of the contract
for future access to such information shall be in the form of:
a. order confirmation by sending to the indicated e-mail address: order,
pro forma invoice, information about the right to withdraw from the contract, these terms and conditions in pdf version,
model form of withdrawal from the contract in pdf version, links for self-downloading
terms and conditions and model form of withdrawal from the contract;
b. attaching to the completed order, sent to the indicated place of delivery
printed items: proof of purchase, information about the right to withdraw from the contract,
these terms and conditions, model form of withdrawal from the contract.
7. the Seller informs about known warranties provided by third parties for products
located in the store.
8. the Seller shall not charge any fees for communication with him with the use of means
of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract
he has concluded with a third party providing him with a specific service enabling
distance communication.
9. the Seller shall ensure to the Buyer using the system the correctnesś operation of the store in
the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version
9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA
and FLASH installed, on screens with horizontal resolution above 1024 px. The use of
third-party software affecting the operation and functionality of the following browsers: Internet Explorer,
FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to
obtain full functionality of the clssicshop.pl store, you should disable all of theḿ.
10. The buyer can use the option of remembering his/her data by the store to facilitate the process of
placing another order. For this purpose, the Buyer should provide a login and password, necessary to
gain access to his account. The login and password are a string of characters established by
Buyer, who is obliged to keep them secret and protect them from unauthorized
access by third parties. The buyer has at any time the ability to view, correct, update data and delete the account in the store.

11. the Seller complies with the Code of Good Practice.
12 The buyer shall:
a.a. not to provide or transmit content prohibited by law, such as content
propagating violence, defaming or violating personal rights and other rights
third parties,
a.b. to use the store in a manner that does not interfere with its operation, in particular
Through the use of specific software or devices,
a.c. not to take actions such as: sending or posting within the store
Unsolicited commercial information (spam),
a.d. to use the store in a manner that is not burdensome to other Buyers and to the Seller,
a.e. to use any content posted within the store only to the extent of
own personal use,
a.f. to use the store in a manner consistent with the provisions of the law in force on the territory of
the Republic of Poland, the provisions of the regulations, as well as with the general rules of
netiquette.

§3 Contract conclusion and implementation

1. orders can be placed́ 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following steps, some of which can be repeated several times:
a. Adding a product to the shopping cart;
b. Selecting the type of delivery;
c. Selecting the type of payment;
d. Selecting the place of delivery of the item;
e. Placing an order in the store by using the „I buy and pay” button.
(3) The conclusion of the contract with the Consumer occurs when the order is placed.
(4) The realization of an order of the Consumer paid on delivery shall be carried out immediately, and
an order paid by bank transfer or through an electronic payment system after
crediting the Consumer’s payment to the Seller’s account, which should be done within 30
days after placing the order, unless the Consumer was not able to fulfill the performance through no fault of his
and informed the Seller about it.
(5) The conclusion of the contract with the Customer shall take place upon acceptance of the order by the Seller, about
which he shall inform the Customer within 48 hours of placing the order.
(6) The execution of the Customer’s order paid on delivery shall take place immediately after the conclusion of
contract, and the order paid by bank transfer or via electronic payment system after the conclusion of the contract and posting of the Customer’s payment on the Seller’s account.

7. The execution of the Customer’s order may be subject to payment of all or part of
the value of the order or obtaining a trade credit limit of at least the value of the order
or the Seller’s consent to send the order on delivery (payable on delivery).
8. The shipment of the subject of the contract takes place within the time limit specified on the product card, and for
orders consisting of multiple products within the longest time limit of those specified on the
product cards. The time limit begins to run when the order is fulfilled.
9. The purchased subject of the agreement is, together with the
sales document selected by the Buyer, shipped by the type of delivery chosen by the Buyer to the place indicated by the Buyer in
the order for delivery of the item, together with the enclosed attachments referred to in §2 item
6b.

§4 Right to withdraw from the contract

(1) A consumer, shall have the right under Article 27 of the Consumer Law to withdraw
from a contract concluded at a distance, without stating a reason and without incurring costs, except
costs specified in Article 33, Article 34 of the Consumer Law.
(2) The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and
to meet the deadline it is sufficient to send the statement before its expiration.
(3) The declaration of withdrawal may be submitted by the Consumer on the form, the specimen of which
is attached as Appendix No. 2 to the Consumer Law, on the form available at
classicshop.pl/form-return-form or in another form in accordance with the Consumer Law.
(4) The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and
other if provided in the submitted statement) receipt of the statement of withdrawal from
contract.
(5) In the event of withdrawal from the contract, the contract is considered not concluded.
(6) The consumer is obliged to return the item to the Seller immediately, but no later than 14
days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before
its expiration.
7. The consumer sends back the items that are the subject of the agreement from which he has withdrawn at his own expense.
8. the Consumer shall not bear the costs of delivering digital content that is not recorded on
material medium, if he did not agree to the performance before the expiration of the deadline for
withdrawal from the contract or was not informed of the loss of his right
to withdraw from the contract at the time of giving such consent, or the trader did not provide
confirmation in accordance with Article 15 (1) and Article 21 (1). of the Consumer Law.
9. The consumer shall be liable for any diminution in the value of the thing which is the subject of
the contract and which is the result of using it in a manner beyond what is necessary to
ascertain the nature, characteristics and functioning of the thing.

10. the Seller shall immediately, but not later than within 14 days from the date of receipt of the statement of
withdrawal from the contract submitted by the Consumer will return to the Consumer all payments made
by the Consumer, including the cost of delivering the item to the Consumer, and if the Consumer
has chosen a delivery method other than the cheapest ordinary delivery method offered by
the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33
of the Consumer Law.
11. the Seller shall refund the payment using the same method of payment used by
the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve
any costs for him.
12 The Seller may withhold reimbursement of the payment received from the Consumer until
receipt of the item back or the Consumer provides proof of its return,
whichever event occurs first.
13. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from
agreement:
a. in which the price or remuneration depends on fluctuations in the financial market, over which
the Seller does not control, and which may occur before the expiry of the deadline for
withdrawal from the agreement;
b. in which the subject of the performance is a non-refabricated thing, produced according to
the consumer’s specifications or serving to meet his individualized needs;
c. in which the subject of the performance is an item that is perishable or has a short
shelf life;
d. in which the subject of the performance is an item delivered in sealed packaging,
which cannot be returned after opening the packaging for health protection or for
hygienic reasons, if the packaging has been opened after delivery;
e. in which the subject of the service are things that after delivery, due to their
nature, become inseparably connected with other things;
f. in which the subject of the service are sound or visual recordings or computer programs
delivered in sealed packaging, if the packaging has been opened
after delivery;
g. on the supply of digital content that is not recorded on a tangible medium, if the performance
has begun with the express consent of the Consumer before the expiration of the deadline for
withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal
from the contract;
h. For the supply of newspapers, periodicals or magazines, except for a subscription contract.

§5 Warranty

1. the Seller on the basis of Article 558§1 of the Civil Code completely excludes liability

to Customers for physical and legal defects (warranty).
2. The Seller shall be liable to the Consumer under the terms of Article 556
of the Civil Code et seq. for defects (warranty).
3. In the case of an agreement with a Consumer, if a physical defect is discovered before the lapse of
year from the moment of delivery of the thing, it is assumed that it existed at the moment when
danger passed to the Consumer.
4. the Consumer if the sold thing has a defect, may:
a. make a statement to demand a reduction in price;
b. make a statement to withdraw from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer replaces the
defective thing with a defect-free one or removes the defect. However, if the thing has already been replaced or
repaired by the Seller, or the Seller has failed to comply with the obligation to replace
the thing to be free from defects or to remove the defect, he is not entitled to replace the thing or
remove the defect.
(5) The consumer, may instead of the removal of the defect proposed by the Seller, demand the following
Replace the item with a defect-free item or, instead of replacing the item, demand removal of the defect, unless the
Bringing the thing to conformity with the contract in the way chosen by the Consumer is
impossible or would require excessive costs in comparison with the way proposed
by the Seller, while assessing the excessiveness of the costs, the value of the thing
free of defects, the type and importance of the defect found is taken into account, as well as the inconvenience,
to which the Consumer would be exposed by another way of satisfaction.
6 The consumer may not withdraw from the contract if the defect is insignificant.
7. if the sold thing has a defect, the consumer may also:
a. demand to replace the thing with a defect-free one;
b. demand to remove the defect.
(8) The Seller is obliged to replace the defective item with a defect-free one or remove the defect in
a reasonable time without undue inconvenience to the Consumer.
(9) The Seller may refuse to satisfy the Consumer’s request, if bringing the defective thing to
conformity with the contract in the way chosen by the Buyer is impossible or in
comparison with the other possible way to bring it to conformity with the contract would require
excessive costs.
(10) If the defective thing has been assembled, the Consumer may demand from
the Seller to disassemble and reassemble it after the replacement with a defect-free
or removal of the defect, but he is obliged to bear part of the related costs
exceeding the price of the sold thing, or he may demand from the Seller to pay part
of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If
the Seller fails to perform the obligation, the Consumer is entitled to perform these
activities at the expense and peril of the Seller.

11. the Consumer, who exercises the rights under the warranty, is obliged at the expense of the Seller
to deliver the defective thing to the address of the complaint, and if due to the nature of the thing or the manner
of its installation the delivery of the thing by the Consumer would be excessively difficult,
the Consumer is obliged to make the thing available to the Seller at the place where the thing is
located. If the Seller fails to perform the obligation, the Consumer is entitled to
send the thing back at the expense and risk of the Seller.
12. The cost of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 item 10.
13. The Seller is obliged to accept the defective thing from the Consumer if the thing is replaced with
free from defects or withdrawal from the contract.
14. the Seller within fourteen days will respond to based on Article 5615 of the Code
civil: a statement on the demand to reduce the price, the demand to replace the thing to be free from defects,
demand to remove the defect. The Seller within thirty days (Article 7a of the Consumer Law)
will respond to any other statement of the Consumer that is not covered by the fourteen-day period specified in
of the Civil Code.
Otherwise, it shall be deemed to have recognized as legitimate the statement or demand
of the Consumer.
(15) The Seller shall be liable under the warranty if a physical defect is discovered before the expiration of
two years from the moment of delivery of the thing to the Consumer, and if the object of sale is a
used thing before the expiration of one year from the moment of delivery of the thing to the Consumer.
(16) The Consumer’s claim for the removal of defects or replacement of the sold thing with a defect-free one
shall be time-barred with the lapse of a year, counting from the date of discovery of the defect, but not earlier than before
the expiration of two years from the moment of release of the thing to the Consumer, and if the object of sale
is a used thing before the expiration of a year from the moment of release of the thing to the Consumer.
(17) In the event that the term of usefulness of an item for
use, as specified by the Seller or the manufacturer, ends after the expiration of two years from the moment of issuance of the item to the Consumer,
the Seller shall be liable under the warranty for physical defects of this item found before the expiration
of this term.
(18) Within the time limits specified in §5 items 15-17, the Consumer may submit a statement of withdrawal from
the contract or reduce the price due to a physical defect of the sold thing, and if the Consumer demanded
to replace the thing with a defect-free one or remove the defect, the time limit for submitting a statement of
withdrawal from the contract or reduce the price starts when the time limit
for replacing the thing or removing the defect expires ineffectively.
(19) If one of the warranty rights
is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be
suspended until the proceedings have become final. Correspondingly,
also applies to mediation proceedings, whereby the time limit for exercising other rights under warranty
vested in the Consumer begins to run from the date of the court’s refusal to approve the settlement
concluded before the mediator or the ineffective termination of mediation.

(20) For the exercise of rights under the warranty for legal defects of the sold thing, §5 item
15-16 shall apply, except that the running of the period shall begin from the day on which the Consumer learned of
the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action
of a third party – from the day on which the judgment issued in the dispute with the third party became
legally valid.
21. if, due to a defect in an item, the Consumer has made a declaration of withdrawal from the contract or
price reduction, he may claim compensation for the damage he suffered by having entered into the contract, not
knowing of the existence of a defect, even if the damage was a consequence of circumstances for which the Seller is not
responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs
of collection, transportation, storage and insurance of the goods, reimbursement of the expenditures made in such
extent to which he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement
of the costs of the process. This is without prejudice to the provisions on the obligation to repair damages under
general rules.
22. The lapse of any time limit for the discovery of a defect shall not exclude the exercise of warranty rights,
if the Seller has deceitfully concealed the defect.
23. The Seller, insofar as he is obliged to provide a performance or financial benefit to
the Consumer, shall perform it without undue delay, no later than the time limit provided by law.

§6 Privacy Policy and Security of Personal Data
1. The Personal Data Administrator is responsible for the lawful processing of
personal data, and the rules of collection, processing and storage of personal data, as well as
Buyer’s rights related to his personal data.
(2) The Personal Data Administrator processes Buyers’ personal data on the basis of
consent and in connection with the legitimate interests of the Seller.
(3) The Personal Data Administrator collects and processes personal data only to the extent that
is justified by a contractual or legal obligation.
(4) The Buyer’s consent to the processing of personal data is voluntary, and
consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the purpose of processing the Buyer’s order, the following personal data is collected:
a. postal address – necessary for issuing a proof of purchase;
b. place of delivery of the item – necessary for addressing the shipment;
c. e-mail – necessary for communication related to the execution of the order;

d. telephone number – necessary in case of selection of certain types of delivery
6. Detailed solutions for the protection of personal data related to the placement of
order, but also the use of the store before and after placing the order are contained in
privacy policy.

§7 Final provisions

(1) None of the provisions of these terms and conditions is intended to violate the rights of the Buyer. No
can bé also bė interpreted in this way, becausė in case of incompatibility of any
part of the regulations with the applicable law, the Seller declares absolute
compliance and application of this law in place of the challenged provision
of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope by
electronic means (to the e-mail indicated at registration or order). The notification will be
sent at least 30 days before the new regulations come into force. Amendments
will be made to adapt the regulations to the current state of the law.
3. The current version of the regulations is always available to the Buyer in the regulations tab
(classicshop.pl/regulations). During the execution of the order and throughout the period of
after-sales care, the Buyer shall be bound by the regulations accepted by the Buyer when placing
the order. Except when the Consumer deems it less favorable than the current one and
informs the Seller about the choice of the current one as applicable.
4. In matters not regulated by these regulations, the relevant
legal regulations shall apply. Disputes, if the Consumer wishes to do so, shall be resolved through
mediation proceedings before the Provincial Inspectorates of Trade Inspection or the process
before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer
may also use equivalent and lawful methods of pre-court or
out-of-court dispute resolution, e.g. through the EU ODR online platform
or by choosing any authorized entity from among those listed in the register
of the OCCP. The Seller declares his intention and consents to out-of-court dispute resolution
consumer.
As a last resort, the case shall be resolved by a court of competent local and material jurisdiction.