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Terms of use

Terms of Sales in the MK PARTS online store -

§ 1

  1. Seller - Agata Kołakowska, company operating 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 10A/72 Christo Botewa Str., 03-127 Warsaw, NIP 123-089-09-37, REGON 016 284 887.
  2. Store - Internet store belonging to the Seller, available under the domain through which the Buyer may place orders.
  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 (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 a contract on sale of goods from a distance via an online store, indicating at least the type and quantity of goods.

§ 2
General Provisions

  1. Terms of sales define the rules for the conclusion and execution of the contract of sale of merchandise on the Store’s website.
  2. To use the Store one must have devices allowing for the access of internet, e-mail, and an online browser to enable the view of web pages.
  3. The object of sale are the goods that are presented by the store at the time of ordering.
  4. Prices shown on the store’s website are provided in Polish zloty and include VAT.
  5. Seller’s offer available in the Store is valid on Polish territory.
  6. Seller has the right to change the price of goods, placing and withdrawal of goods, giving discounts on various products and carrying out and canceling promotions in the store. This does not limit in any way the rights acquired by the Buyers, ie changes do not apply to orders that have already been placed.
  7. In order to fully utilize the abilities of the Store, Buyer may register. Registration is voluntary and is not required to place orders in the store. Registration is performed once. Subsequent orders are based on data of Buyer’s logins to the Store.
  8. It is prohibited for persons using the Store (including the Buyers) to post illegal content in it (eg, in the opinions on the goods section).

§ 3
Placing an Order

  1. Orders made through the Store’s website can be made around the clock.
  2. To place an order through the store one needs to add the selected item to the cart, and then follow further instructions on the store’s website.
  3. After placing orders Buyers will receive:
    1) 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 signing of the contract on sale of Goods.
  4. Seller provides the following methods of payment:
    1) transfer to the bank account of the Seller,
    2) electronic payment provided by services performed in PayU.
    3) in cash on the hands of the courier company employee (cash on delivery- COD)
    4) in cash while collecting the goods in the Store’s office
  5. If the Buyer chooses to pay before processing an order he or she should pay for the order within 7 calendar days from the date of the confirmation of placing the order. After this date the offer of the Seller is no longer binding.
  6. Seller delivers the goods by courier.
  7. Information on the costs associated with delivery is shown during the procedure of placing the order (in the order form). In addition, information about delivery costs is shown in the tab next to each item. Shipping fees are added to the price of goods and shall be borne by the Buyer.

§ 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 checkout in the order form (allowing for verification and confirmation of the order).
  2. In case of incorrect or insufficient filling of the order form, seller will make every effort to contact the buyer to confirm the order. If an order cannot be confirmed within 7 calendar days due to the lack of contact with Buyers, Sellers offer is not binding.
  3. The average order realization time together with the delivery takes three days.
  4. If the order is not feasible due to the lack of goods, the Buyer being the consumer will be informed immediately and not later than within a maximum of 30 days from the date of conclusion of the contract, at the time the Seller will pay the Buyer the amount of money received from the consumer back for unrealized order. Instead of a refund, the buyer may also agree to extend the term of the contract or purchase another replacement item.
  5. Proof of purchase is a receipt or upon Buyer's request- a VAT invoice, which the Buyer shall receive together with the goods, or which is delivered separately.
  6. Accepting the package delivered by courier, the Buyer is obliged to examine it (pursuant to Art. 545 § 2 of the Civil Code). In case of damage to the consignment seller recommends a preparation of the damage report in the presence of the courier and immediately informing the Seller. Lack of preparation of the damage report is not equal to the expiry of the consumer's right to make a claim for damage during shipping, 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 shipment made by the Buyers who are not consumers, without the accompanying damage report, will not be considered.

§ 5
Complaints and warranty

  1. Buyer has the right to lodge a complaint on the purchased merchandise.
  2. A complaint may be submitted in writing by mail to the Seller or by e-mail:
  3. Prior to filing a complaint it is recommended to contact the Seller via e-mail or phone - it will help in accelerating the consideration of the complaint.
  4. When submitting a complaint Seller advises the Buyer to provide his or hers contact details, the detailed description of the cause of complaint and claims against the Seller, as well as attaching a sales contract or a photocopy. Complaints filed by the Buyer being a non-consumer, unless accompanied by a sales document will not be considered.
  5. In the case of agreements with buyers having the status of a consumer, complaints due to lack of conformity shall be dealt with in accordance with the Act of 27 July 2002 on special terms of consumer sale and amending the Civil Code.
  6. In the case of a complaint filed by the Buyers who are not consumers, the relevant provisions on the warranty of the Civil Code apply. In the case of unjustified complaints all costs associated with the claim will be covered by the buyer who is not a consumer.
  7. The rights of the consumer resulting from the non-conformity of the merchandise with the provisions of the contract; or in case of a non-consumer buyer when it comes to warranties for non-conformities, do not limit the Buyer's rights under the guarantee given by the guarantor – based on the rules stipulated in the guarantee document (if such a document is included with the product).

§ 6
Termination of the contract and return policy

  1. Buyers with the status of the consumer may withdraw from the contract of sale of goods purchased from the Seller for any reason, making a statement in writing within ten days of the date of release of the goods (ie the date of receipt of the goods by the consumer). To comply with this deadline, the consumer must send a statement before the expiry of ten days from the conclusion of the contract.
  2. The right to withdraw from the contract shall not be vested in the consumer in the following cases:
    1) performance with characteristics specified by the consumer in his order or directly connected with this person,
    2) performance which by reason of its nature cannot be returned or which subject is susceptible to quick deterioration,
    3) provision of services if performance started with the consumer’s consent before the end of the period referred to in Article 7 section 1 of the Act of 2 March 2000 on the protection of consumer rights and liability for damage caused by a dangerous product,
    4) contracts concerning audio and video recordings as well as recorded on computer software carriers, once the original packing is removed by the consumer,
    5) contracts concerning performance which price or remuneration depends solely on price fluctuations on the financial market,
    6) press delivery,
    7) services in the field of games of chance and betting.
  3. In case of withdrawal, the consumer is required to return the goods in an unaltered state unless a change was necessary in the course of ordinary use.
  4. The consumer is obliged to return the goods immediately, not later than 14 days from the date of withdrawal.
  5. The consumer, who withdrew from the agreement sends the goods to the Seller at his own expense, the cost is non-refundable.
  6. Costs of goods, including shipping costs incurred by the consumer for the purchase of the goods by the consumer, will be reimbursed by the Seller within 14 days from the date of withdrawal.
  7. Buyers who do not have the status of the consumer have no right to withdraw from the contract within ten days. In such cases the rules and terms of withdrawal are governed by the Civil Code.

§ 7
Data protection and privacy

  1. Buyer while filling out the registration form states that the data provided in it is consistent with the facts.
  2. By filling out the registration form Buyer agrees to the processing of data provided for the purpose of implementation and maintenance of the order by the Seller, who is also a 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. Buyer, in accordance with the above mentioned Act, has the right to inspect, correct and remove his/hers personal data. Seller grants the Buyer a right to control the processing of 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 as described in § 7. 2 for processing of personal data, makes it impossible to complete the Buyer's order.
  6. 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. Some areas of the Store may use cookies, which are files identifying the visitor. Cookies are harmless to your computer and data stored on your computer. The condition of functioning of cookies is that the Buyer needs to accept them through a web browser.

§ 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, the Law of 2 March 2000 on the protection of consumer rights and liability for damage caused by dangerous product and the Act of 27 July 2002 on special terms of consumer sale and amending the Civil Code.
  2. The Terms do not exclude and restrict any rights of the Buyer who is a consumer who is entitled to them 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.
  3. Regulations are available to all Buyers in the electronic version on the Store’s website (Tab- “Terms of sale”)