Terms of use

Terms of Sale in MK Parts online store- czesciciezarowe.com.pl

§ 1
Glossary

1. Seller - Agata Kołakowska, operating a business activity under the name of MK PARTS AGATA KOŁAKOWSKA, registered in the Central Register and Information on Business Activity conducted by the Ministry of Economy. Seller’s Office is located at 05-500 Piaseczno, Nadarzyńska 60, NIP 123-089-09-37, REGON 016 284 887.
2. Store - Internet store belonging to the Seller, available under the domain www.czesciciezarowe.com.pl.
3. Buyer - any entity placing an order in the store (the consumer or a person not having the status of the consumer).
4. Consumer - a natural person performing a legal act with the Seller (a purchase agreement through the Store) not directly related to his or hers trade or profession (Article 221 of the Civil Code).
5. Terms- this set of terms.
6. Registration - a one-time action, which consists of the opening of an account by the Buyer, conducted with the use of the administration panel provided by the Seller on the Store’s website.
7. Merchandise (goods) - the movable commodity, available for sale in the Store, especially spare parts for trucks.
8. Order - Buyer's declaration of intent leading directly to signing of an agreement on sale of Merchandise remotely via an online Store, indicating at least the type and quantity of Merchandise.

§ 2
General Provisions

1. Terms of sales define the rules for the conclusion and execution of the agreement on sale of Merchandise on the Store’s website as well as terms of use of the online Store.
2. To use the Store and conclude the sales agreement one must have devices allowing for the access to internet, e-mail, and an online browser to enable the view of web pages.
3. Costs arising from the use of the Internet by the Buyer, depend on the price list of the telecommunication operator or Internet access service provider, which is used by the Buyer and the Buyer needs to cover them personally.
4. The Seller can communicate with the Buyer and vice versa via an email address (sklep@czesciciezarowe.com.pl), a contact form, by phone no: 606-888-955, or by mail sent to the Store’s address.
5. All electronic correspondence sent by the Seller is subject to anti-virus protection and is only directed to a specific Buyer.
6. The object of sales is the Merchandise that is presented by the store at the time of placing an Order.
7. All the Merchandise shown on the Store’s website is free from defects.
8. Prices shown on the Store’s website are provided in Polish zloty and include VAT tax.
9. Seller sales Merchandise in the Store on Polish territory.
10. Seller has the right to change the price of the Merchandise, introduce and withdraw Merchandise, give discounts on various products, carry out and cancel special offer campaigns in the Store. This does not limit in any way the rights acquired by the Buyers, i.e. the changes do not apply to orders that have already been placed.
11. In order to allow to fully utilize the abilities of the Store, the Buyer may register. Registration is voluntary and is not required to place Orders in the Store. Registration takes place once. Subsequent orders are based on data of Buyer’s logins to the Store.
12. It is prohibited for persons using the Store (including the Buyers) to post illegal content in it (ex. in the opinions on Merchandise section).

§ 3
Placing an Order

1. Orders made through the Store’s website can be made round the clock.
2. The Seller allows for submission of orders through the Store by filling in an interactive Order form (adding selected Merchandise by clicking "Add to Cart" and following technical steps based on the messages and information displayed on the website until the Buyer clicks "Place an Order with an obligation to pay").
3. After placing the Order the Buyer receives:
   1. an e-mail confirmation of the order from the Seller - along with all the relevant terms of Order,
   2. within one working day from the order placement- information by e-mail or by telephone, confirming receipt of an Order and the conclusion of the agreement on sale of Merchandise.
4. 4. The Seller provides the following methods of payment:
   1. transfer to the bank account of the Seller no: 49 1750 0012 0000 0000 2097 2173
   2. electronic payment provided by PayU services (performed by PayU S.A. ul. Grunwaldzka 182 60-166 Poznań).
   3. in cash on the hands of the employee of the courier company (cash on delivery- COD)
5. 5. If the Buyer chooses to pay via bank transfer he or she should pay for the Merchandise and delivery costs within 7 working days from the receipt of information described in § 3 point 3, section 2. After this date the offer of the Seller is no longer binding.
6. Information on the cost of shipping is shown during the procedure of placing the order (in the interactive form). In addition, information about shipping costs is shown in the tab next to each Merchandise. Shipping fees are added to the price of goods and shall be borne by the Buyer.
7. Details concerning the delivery of Merchandise can be found in the Shipping tab on the Store’s website.

§ 4
Realization of orders

1. The condition of the realization of an Order placed by the Buyer is providing true personal and contact information during the filling in of the interactive form (allowing for verification and confirmation of the beginning of the Order implementation process).
2. In case of incorrect or insufficient filling in of the interactive form, the Seller will make every effort to contact the Buyer to confirm placing of the Order. If an Order cannot be confirmed within 7 calendar days due to impossibility of contacting with the Buyer, the Seller’s offer is not binding.
3. The procedure of the Order implementation is activated after confirmation of the beginning of order implementation process; In case of Orders paid for by bank transfer or via electronic payment system – it takes place no earlier than after confirmation of receipt of payment on the account of the Seller.
4. The average Order realization time together with the shipping takes three days on average.
5. In the event of a possible longer time needed for the realization of the Order the Buyer will be immediately informed – the Seller, at the same time, indicates a new date of the realization of the Order.
6. If the Buyer is a Consumer, the Seller gives the Merchandise to the Buyer no later than thirty days from the date of conclusion of the agreement, unless the agreement provides otherwise.
7. The proof of purchase is a receipt or invoice received by the Buyer together with the Merchandise or in a separate parcel.
8. The Seller delivers the Merchandise by a courier company
9. The place of realization of the Order by the Seller is the place of receipt of Merchandise indicated by the Buyer in the Order placement procedure (delivery address).
10. While accepting the package delivered by the courier, the Buyer is obliged to examine it (pursuant to Art. 545 § 2 of the Civil Code). In case of damage to the consignment the Seller recommends to prepare a damage report in the presence of the courier and to immediately inform the Seller. Lack of preparation of the damage report does not mean that the consumer's right to make a claim for damage during shipping expire, the report is, however, helpful in the complaint procedure. Lack of damage report may hamper the investigation of possible consumer claims against the Seller and determining the person responsible for the damage to the shipment. Claims for damages caused during the shipment made by the Buyers who are not Consumers, will not be considered without the accompanying damage report.

§ 5
Warranty and Guarantee

1. The Seller is liable to the Buyer for physical or legal defects of the purchased Merchandise (warranty), based on the regulations set out in the Civil Code, in particular in art. 556 and article 5561-5563 of the Civil Code.
2. The Buyer has the right to lodge a complaint on the purchased Merchandise based on the warranty.
3. A complaint may be submitted in writing by mail to the Seller’s Office or by e-mail to: sklep@czesciciezarowe.com.pl
4. Prior to filing a complaint it is recommended to contact the Seller via e-mail or phone - it will facilitate an efficient consideration of the complaint.
5. When submitting a complaint the Seller advises the Buyer to provide his or hers contact details, the Order number, the detailed description of the cause of complaint and claims against the Seller, as well as to attach a sales document or its copy. Complaints filed by the Buyer being a non-consumer, unless accompanied by a sales document will not be considered.
6. If it will be necessary to fill in any missing parts of the complaint - the Seller shall immediately contact the Buyer in the manner indicated in § 2 point 4 of the Terms.
7. A Buyer who shall exercise the powers under warranty, is obliged to deliver the faulty Merchandise to the Office of the Seller.
8. Claims under the warranty shall be dealt with according to the Act of 23 April 1964, the Civil Code.
9. In the complaint procedure the Seller does not provide for an extra-judicial settlement of the dispute.
10. The Buyer may exercise the powers under the warranty for material defects of the Merchandise regardless of the guarantee provisions.
11. The rights of the Buyer under the warranty do not limit the rights of the Buyer under the guarantee provided by the guarantor – based on the conditions specified in the guarantee document, if such document will be attached to the Merchandise. 
12. The realization of the guarantee is determined by the guarantor in the guarantee document. The guarantee period is two years from the date of delivery of the Merchandise to the Buyer, unless the guarantee document states otherwise.

§ 6
Termination of the contract and return policy

1. The Consumer may withdraw from the agreement on sale of Merchandise purchased from the Seller for no reason, by making an appropriate declaration within fourteen days from the date of release of the Merchandise (i.e. from the date of taking possession of the Merchandise by the Consumer or a third party person designated by the Consumer, other than the carrier). To comply with this deadline, the Consumer must send a declaration before the end of that period.
2. While withdrawing from the agreement on sale of the Merchandise the Consumer may use the draft declaration set out here, but it is not mandatory.
3. The right to withdraw from the agreement concluded remotely shall not be vested in the Consumer in case of the following agreements:
   1. in which the object of the agreement is a non-prefabricated product, manufactured according to the specifications of the Consumer or serving to fulfill his individual needs;
   2. in which the object of agreement is a product that comes in a sealed package, which, after opening cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery;
   3. in which the object of the agreement are things that after delivery, due to their nature, are inextricably linked to other things.     
4. In case of withdrawal from the agreement, the Consumer is required to return the Merchandise immediately, not later than 14 days from the date of withdrawal.
5. The consumer is responsible for the reduction in the value of the Merchandise resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Merchandise.
6. In the event of withdrawal, the Seller returns all payments received from the Consumer, including the cost of shipping of the Merchandise to the Consumer (with the exception of the additional costs of delivery chosen by the Consumer other than the least expensive normal delivery offered by the Seller), immediately and in any event no later than 14 days from the date on which the Seller was informed of the execution by the Consumer of the right of withdrawal.
7. Payment refund is made using the same payment method that has been used by the Consumer in the original transaction, unless the Consumer agrees to another solution.
8. The Seller may withhold the reimbursement until his receipt of the Merchandise or until receipt of proof of its return, depending on which event occurs first.
9. The Consumer bears direct costs of returning the Merchandise - according to the rates of the carrier that the Consumer uses to deliver the returned Merchandise to the Seller, i.e. the Consumer sends the returned Merchandise to the Seller, at his own expense which is not reimbursed at a later date.
10. The Buyer who does not have the status of the Consumer does not have permission to withdraw from the agreement within fourteen days. Rules and deadlines of withdrawal for such Buyers are governed by the Civil Code.

§ 7
Data protection and privacy

1. Buyer while filling out the registration form/the interactive order form states that the data provided in it is consistent with the facts.
2. By filling out the registration forms mentioned above or by providing data over the phone the Buyer agrees to the processing of data provided for the purpose of implementation and maintenance of the Order by the Seller, who is also the data administrator in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data.
3. The personal data contained in the Seller’s database is not transferred to those not participating in the realization of the Order.
4. The Buyer, in accordance with the above mentioned Act, has the right to inspect, correct and remove his/hers personal data. The Seller grants every Buyer the right to control the processing of their data in accordance with Art. 32 of the Act on Personal Data Protection.
5. Providing personal data is voluntary, but failure to provide a consent to process personal data, makes it impossible to complete the Buyer's order.
6. The Buyer may give a separate consent on the use of his/her personal data to receive commercial information (tender) based on the provisions of the Act of 18 July 2002 on the provision of electronic services.
7. Cookie files are used on the Store’s website. They are harmless to the computer and data stored on the computer. In order for the cookies to work, they need to be accepted by an internet browser. The condition of functioning of cookies is that the Buyer needs to accept them through a web browser. More information on this subject can be found in “Privacy Policy” tab.

§ 8
Final Provisions

1. In matters not covered by the Terms, the provisions of commonly applicable law apply, including in particular the provisions of the Civil Code and the Act of 30 May, 2014 on Consumer Rights.  
2. The Terms do not exclude and restrict any rights of the Consumer, who is entitled to his rights under the mandatorily applicable laws. In case of conflict between the provisions of the Terms and the mandatory provisions of law conferring rights to consumers, priority is given to the latter. The provisions of the agreements less favorable to the Consumer than the provisions of the Act on Consumer Rights are invalid, and in their place, the provisions of this Act apply.
3. The Terms are available to all Buyers in an electronic form on the Store’s website www.czesciciezarowe.com.pl (Tab-  “Terms of sale”) and apply in this version from 25.12.2014. The terms in force until 24.12.2014  can be downloaded here.
4. Providing the Buyer with the content of the agreement, protection of the content and  access to the content of the Agreement will be done by:
   1. providing the set of Terms specified in § 8. 3 of the Terms,
   2. sending an e-mail to the Buyer,
   3. attaching the proof of purchase to the shipments.