The online store automasters.pl operating at automasters.pl/ is a service run by a company under the name Auto Masters Group sp. z o.o based in Prusinowice, ul. SZKOLNA 13 48-314 PRUSINOWICE, NIP: 7532480872, Regon: 542648365 entered in the register of entrepreneurs of the National Court Register maintained by the District Court in Opole,
XII Economic Department of the National Court Register, Email: sklep@automasters.pl
Glossary
ADDRESSEE - the entity indicated by the Service Recipient as the appropriate one to receive the shipment.
DELIVERY – means the actual act of delivering the Goods specified in the order to the Buyer by the Seller, including through the Delivery Service, or the collection by the Buyer of the Goods specified in the order from the Entrepreneur's premises.
DELIVERER - the entity that, in agreement with the Seller, delivers the Goods to the Buyer, in particular a courier company, public operator, parcel device operator.
CONSUMER - a natural person who, in accordance with Article 22(1) of the Civil Code, performs a legal act with an entrepreneur not directly related to their business or professional activity.
ORDER BASKET - a computer program made available by the Seller on the website automasters.pl that allows placing an Order.
BUYER - a consumer, entrepreneur, or entrepreneur with consumer rights who concludes a sales contract in the online store automasters.pl; the Buyer is also a Service Recipient.
ENTREPRENEUR - a natural person, legal person, or an organizational unit without legal personality that, in accordance with Article 43(1) of the Civil Code, conducts business or professional activities in their own name in connection with legal acts, and performs legal acts directly related to their business or professional activities.
ENTREPRENEUR WITH CONSUMER RIGHTS - a natural person concluding a contract directly related to their business activity, when the contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available based on the regulations on the Central Register and Information on Economic Activity.
COMPLAINT - the procedure for seeking accountability by a consumer, entrepreneur with consumer rights, or entrepreneur regarding the identified lack of conformity of the goods with the Sales Agreement, based on the provisions of the Consumer Rights Act and the Civil Code (warranty).
SELLER - an entrepreneur operating the online store covered by these regulations, i.e. the company under the name Auto Masters Group sp. z o.o based in Prusinowice, ul. SZKOLNA 13 48-314 PRUSINOWICE, NIP: 7532480872, Regon: 542648365; the Seller is also a Service Provider.
GOODS - any products offered for sale in the online store automasters.pl (hereinafter: Store).
SALES AGREEMENT - an agreement by which the Seller - entrepreneur undertakes to transfer ownership of the item (Goods) to the Buyer and deliver it to them, while the Buyer undertakes to collect the item (Goods) and pay the seller the price, concluded without the simultaneous physical presence of the parties to the agreement, using one or more means of communication at a distance until the conclusion of the contract inclusive.
SERVICE PROVIDER - an entrepreneur operating the online store covered by these Regulations, i.e. the company under the name Auto Masters Group sp. z o.o based in Prusinowice, ul. SZKOLNA 13 48-314 PRUSINOWICE, NIP: 7532480872, Regon: 542648365
SERVICE RECIPIENT - a natural person, legal person, or an organizational unit without legal personality who uses a service provided by the Service Provider electronically; the Service Recipient may also be the Buyer.
ORDER - the expression of will by the Buyer, aimed at concluding a sales contract for the Goods, by indicating the Goods, their type, and quantity.
§ 1.
General provisions and use of the online store
1. The Regulations define the rules for using the online store automasters run by the company under the name Auto Masters Group sp. z o.o based in Prusinowice, ul. SZKOLNA 13 48-314 PRUSINOWICE, NIP: 7532480872, Regon: 542648365, by selling goods at a distance, as well as the rules for the use of the Store by service recipients, placing orders for Goods, paying the sale price of products, delivering products, the Buyer’s right to withdraw from the contract, and the rules for submitting and considering complaints, as well as the method of returning products.
2. To browse the Store's assortment and place orders for the offered products, a computer or other device (smartphone, tablet) with internet access and a web browser such as Google Chrome, Mozilla Firefox, and an active email account is required.
3. Placing an order for products available in the Store's assortment requires registration in accordance with the provisions of the Regulations. For this purpose, the Customer fills out the online registration form, providing their email address, a password of their choice consisting of eight characters, and is also obliged to accept the Store's regulations. After registering in the Store, a confirmation of registration will be sent to the email address provided during the registration process. Registration in the Store and using the Store's functionalities are free of charge. The Service Provider uses cookies to collect information related to the use of the Store by the Service Recipient to maintain the logged-in Service Recipient's session and to conduct statistics on the viewing of the Store's subpages. The Service Recipient can at any time delete the placed cookies or block the placement of cookies using the options available in their web browser.
4. The Service Recipient who registered a customer account on the Service Provider's website terminates the contract for the provision of electronic services by requesting the removal of the account. The Service Provider removes the registered Customer Account and/or email address from the subscriber list without unnecessary delay.
5. The Store does not conduct wholesale sales of Goods, nor sales of Goods intended for further resale.
§ 2.
Conditions of sale
1. Information about the products available in the Store's assortment constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.
2. The subject of the sale is new products, free from defects, presented by the Store at the time of placing the order by the Buyer.
3. All prices of goods in the Store are quoted in Polish zlotys (PLN) and are gross prices, i.e. they include taxes, including value-added tax (VAT).
4. The prices of goods on the Store's website do not include delivery costs, the amount of which depends on the chosen method of delivering the product to the Buyer, as well as the value and characteristics of the ordered product (including its weight and size) and are indicated when the Customer chooses the method of Delivery of the Goods. The total cost of the order, including the price of the products and delivery costs, is indicated in the basket before the Customer places the order.
5. To conclude a sales contract, the following must be done:
place an order on the Store's website at automasters.pl via the order basket - the "add to cart" button;
confirm that you are aware that an order entails the obligation to make a payment by activating the "Place Order" button in the last step of the order basket;
enter the recipient's details of the order and the address to which the Goods are to be delivered, as well as a phone number at which the Seller can contact the Buyer regarding the order;
enter the invoice details if an invoice is to be issued and sent to the Buyer. The Customer can agree to receive invoices electronically; invoices will be sent to the email address specified in the Customer's account;
confirm the order with the button: “I order and pay”;
pay for the order using one of the available payment methods: by bank transfer as a prepayment in the full value of the order to the seller's bank account, via the Tpay payment system operator, using deferred payments, cash on delivery, where the payment is collected by the courier at the time of delivery of the goods. Orders placed in the store can only be paid for in advance (before sending the ordered Goods).
§ 3.
Delivery
1. The subject of the order will be delivered to the Customer on the territory of the Republic of Poland, to the address specified in the order. It is possible to collect the goods at the Seller's premises, after prior arrangement and during their working hours.
2. The Buyer is obliged to provide a correct and accurate address to which the Goods are to be delivered. The place of performance of the obligation is the address provided by the Buyer as the delivery address of the ordered Goods.
3. At the time of delivery, the Seller delivers the Goods by transferring physical possession of the goods or control over them to the buyer, without unnecessary delay, after the contract is concluded, but no later than within 14 days from the date of concluding the contract.
4. At the time of handing over the Goods, the Seller provides the buyer with a receipt in electronic form or with the shipment in paper form. At the buyer's request, the Seller issues a VAT invoice in electronic form (PDF) or paper form.
5. The expected delivery time for the Goods is 1 to 3 days from the day following the shipment, depending on the chosen delivery method. The total and maximum delivery period for the Goods cannot exceed 14 days.
6. The method of Delivery and its conditions may vary depending on the weight of the ordered Goods, of which the Buyer is informed each time while placing the order. The delivery cost depends on the total price of the ordered goods, delivery method, and payment method. The final cost of delivery is calculated at the first stage of placing the order online (in the order basket).
7. The cost of delivering the goods is borne by the Buyer.
§ 4. 1.
Complaints
Consumer Complaints
1. The Seller is liable to the Consumer for the lack of conformity of the Goods with the Sales Agreement existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods for use, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
2. The Goods are in conformity with the Sales Agreement if, in particular, their:
a) description, type, quantity, quality, completeness, and functionality are in accordance with the Sales Agreement,
b) suitability for a particular purpose, for which the Consumer needs it, of which the Consumer informed the Seller no later than at the time of concluding the Sales Agreement and which the Seller accepted.
3. In addition, the Goods, in order to be considered in conformity with the Sales Agreement, must:
a) be suitable for purposes for which goods of this kind are usually used, taking into account applicable laws, technical standards, or good practices;
b) be available in such quantity and have such characteristics, including durability and safety, and in the case of Goods with digital elements - also functionality and compatibility, that are typical for goods of this kind and that the Consumer can reasonably expect, considering the nature of the Goods and any public assurances made by the Seller, its legal predecessors, or people acting on their behalf, especially in advertising or on the label, unless the Seller demonstrates that:
- was not aware of the public assurance and, judging reasonably, could not have known it,
- before concluding the Sales Agreement, the public assurance was rectified in accordance with the conditions and form in which the public assurance was made or in a comparable manner,
- the public assurance did not affect the Consumer's decision to conclude the Sales Agreement;
c) be delivered with packaging, accessories, and instructions that the Consumer may reasonably expect;
d) be of the same quality as the sample or model provided by the Seller to the Consumer before concluding the agreement and correspond to the description of such a sample or model.
4. The Seller is not liable for the lack of conformity of the Goods with the Sales Agreement in the respect referred to in paragraph 3 if the Consumer, no later than at the time of concluding the Sales Agreement, was clearly informed that a specific characteristic of the Goods deviated from the conformity requirements of the Agreement as specified in paragraph 3 above, and clearly and separately accepted the lack of a specific characteristic of the Goods.
5. The Seller is liable for the lack of conformity of the Goods with the Sales Agreement resulting from improper installation of the Goods if:
a) it was carried out by the Seller or at its responsibility;
b) improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party (in the case of Goods with digital elements).
6. If the Goods do not conform to the Sales Agreement, the Consumer may demand their repair or replacement.
7. The Seller may replace the Goods if the Consumer demands repair, or the Seller may repair if the Consumer demands replacement, and bringing the Goods into conformity with the Sales Agreement in the way chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs concern both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Sales Agreement. In such a case, the Consumer may declare a reduction in price or withdraw from the Agreement. When assessing the excessiveness of the costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the lack of conformity of the Goods with the sales agreement, the value of the Goods in conformity with the Sales Agreement, and the excessive inconvenience for the Consumer arising from changing the method of bringing the Goods into conformity with the Sales Agreement.
8. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller has been informed by the Consumer about the lack of conformity of the Goods with the Sales Agreement.
9. The costs of repairs or replacement of the Goods are borne by the Seller. The Consumer is obliged to make the Goods subject to repair or replacement available to the Seller for collection, which takes place at the Seller's expense.
10. If the Goods were installed before the lack of conformity of the Goods with the Sales Agreement was revealed, the Seller dismantles the Goods and reassembles them after repairing or replacing them or commissions these activities at its own expense.
11. The Consumer may declare a reduction in price or withdraw from the contract if the Goods do not conform to the Sales Agreement when:
a. The Seller refused to bring the Goods into conformity with the Sales Agreement;
b. The Seller did not bring the Goods into conformity with the Sales Agreement;
c. the lack of conformity of the Goods with the agreement still exists, despite the Seller attempting to bring the Goods into conformity with the Sales Agreement;
d. the lack of conformity of the Goods with the agreement is so significant that it justifies an immediate reduction in price or withdrawal from the Sales Agreement;
e. from the Seller's declaration or circumstances, it is clear that he will not bring the Goods into conformity with the agreement within a reasonable time or without excessive inconvenience for the Consumer.
12. The reduced price must remain in such proportion to the price resulting from the Sales Agreement, in which the value of the non-conforming Goods remains to the value of the Goods in conformity with the Sales Agreement. The refund of the amount resulting from exercising the right to reduce the price will take place no later than within 14 days from the day of receiving the Consumer's declaration of price reduction.
13. The Seller may refuse to accept the Consumer's declaration of withdrawal from the Sales Agreement if it demonstrates that the lack of conformity of the Goods with the Sales Agreement is insignificant.
14. In the event of withdrawal from the Sales Agreement, the Consumer promptly returns the Goods to the Seller at their expense. The Seller refunds the price no later than within 14 days from the day of receiving the Goods or proof of their return.
15. Any complaints related to the Goods or execution of the Agreement by the Consumer can be submitted in the form chosen by them (in writing, email, in person at the Entrepreneur's premises). For notifications, the Consumer may use the form attached to the Regulations. The notification should specify at least: the name, surname, and address of the complainant, the advertised product, to the extent applicable to its type (e.g. name, manufacturer, color, size), proof of purchase of the advertised product, description of the non-conformity of the goods, and the date on which the defect was noticed, and in appropriate cases also circumstances justifying the complaint.
16. Within 14 days from the date of submitting the Complaint, the Seller is obliged to respond to it.
17. Regardless of conducting the complaint proceedings, the Consumer has the right to access out-of-court complaint resolution procedures and remedies.
18. In case of non-acceptance of the complaint by the Seller, the Consumer may seek mediation or resolution by an arbitration court.
19. The provisions of the Regulations in this regard also apply to the Entrepreneur with consumer rights.
§ 4. 2
Complaints of Entrepreneurs
1. The Seller is liable to the Entrepreneur if the Goods are defective (warranty). The Seller is released from liability under warranty if the Entrepreneur knew of the defect at the time of concluding the agreement. The defect consists in the lack of conformity of the sold item with the agreement. In particular, the sold item is not conforming to the agreement if:
it does not have the properties that the item of this kind should have due to the purpose specified in the agreement or resulting from circumstances or destination;
it does not have the properties of which the Seller assured the Buyer, including presenting a sample or model;
it is not suitable for the purpose that the Buyer informed the Seller at the conclusion of the agreement, and the Seller did not raise objections to such purpose;
was delivered to the Buyer in an incomplete state.
2. The Seller is liable to the Buyer under warranty if the defect of the Goods is discovered within two years