Statute

The online store motorynka.com.pl is run by: K. PASIK I. SMARZ SPÓŁKA JAWNA with its registered office in Warsaw (02-271) at ul. Centralna 24/7, District Court of the Capital City of Warsaw, 13th Commercial Division of the National Court Register , bank account: 04 1020 1055 0000 9302 0479 7561

I. GENERAL PROVISIONS.

The Regulations define the general terms and conditions of sales conducted via the Online Store and the provision of electronic services by the Seller.
The Customer may contact the Seller:
1. in writing, by sending a message to the address of the Seller's registered office,
2. via e-mail, by sending a message to the e-mail address: [email protected],
3. using the contact form available in the online store.
The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store's website. Promotions in the Online Store cannot be combined, unless the regulations of a given promotion provide otherwise.
The Regulations are continuously available in the Online Store, in a way that enables obtaining, reproducing and recording their content by printing or saving on a durable medium.
The use of services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
The Seller informs that the Online Store uses cookies, detailed rules in this regard are set out in a separate document (hereinafter referred to as the "Cookie Policy") available on the Store's website.
The terms used in the Regulations mean:
1. working days - days from Monday to Friday, excluding public holidays;
2. Civil Code - Act of April 23, 1964 Civil Code Journal of Laws Laws of 2018, item 1025 as amended of May 10, 2018.
3. Client:

- - a natural person who has full legal capacity,
  - a natural person running a business,
  - a legal person or an organizational unit that is not a legal person, which is granted legal capacity by special provisions and referred to in Art. 33 ¹ of the Civil Code, concluding a Sales Agreement;

account – a separate part of the Online Store, assigned individually to the Customer;
consumer – a customer who is a consumer within the meaning of Art. 22 ¹ of the Civil Code;
shopping cart - functionality of the sweden-parts.pl online store in which the products selected by the Customer for purchase are visible and allows the Customer to determine and modify the order data, in particular: quantity of products, delivery address, invoice data, delivery method, payment methods;
newsletter – Service provided to the Customer by sending the ordered commercial information to the e-mail address provided by him;
opinion – an oral, written or electronic statement of the Customer relating to the Product, Service or performance of the Agreement;
product – goods presented in the Online Store, the description of which is available for each of the presented products;
entrepreneur - a customer who is an entrepreneur within the meaning of Art. 43 ¹ of the Civil Code;
regulations – this document;
online store - an IT system used by the Seller to conduct commercial and service activities, through which it presents Products and Services on the Internet and accepts Orders, operating in the motorynka.com.pl domain. Seller - K. PASIK I. SMARZ SPÓŁKA JAWNA with its registered office in Warsaw (02-271) at ul. Centralna 24/7, District Court of the Capital City of Warsaw, 13th Commercial Division of the National Court Register, KRS no. 0000822001, NIP number: 5223175791, and REGON number: 385255434;

sales contract - a sales contract for Products presented in the Online Store within the meaning of the Civil Code, concluded between the Seller and the Customer;
service - electronic service provided via the Online Store by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (i.e. of December 13, 2018, Journal of Laws of 2019, item . 123 as amended)
Consumer Rights Act - Act of May 30, 2014 on consumer rights (i.e. of December 13, 2018, Journal of Laws of 2019, item 134, as amended);
Act on the provision of electronic services - Act of July 18, 2002 on the provision of electronic services (i.e. of December 13, 2018, Journal of Laws of 2019, item 123, as amended) ;
order – an order for a product or services placed by the Customer in the Online Store in accordance with the regulations.

II. RULES FOR USING THE ONLINE STORE

The use of the Services is possible provided that the IT system of the computer or other device used by the Customer meets the following minimum technical requirements:
1. Internet access,
2. e-mail application,
3. Internet browser in the latest version with Javascript and Cookies enabled,
4. program for reading and writing PDF files.
The Customer using the Online Store is obliged to comply with the legal order, the provisions of the Regulations and in a manner that respects personal rights, in particular not to provide or transmit illegal content, including the dissemination of unsolicited commercial information (spam) within the Online Store and the use of Online store in a way that does not disrupt its operation.

III. SERVICES

The services provided by the Seller within the Online Store are free of charge.
Each Customer has the opportunity to browse the Store's websites and the Products and Services presented therein, as well as place Orders and use the following Services:
1. maintaining the Account in the Online Store,
2. storing the Shopping Cart in the Online Store,
3. Newsletter,
The Account management service is available after registration. Registration takes place by completing and sending the registration form available in the Online Store to the Seller.
In order to send the Newsletter, you must provide the Seller with a valid e-mail address.
The contract for the provision of Services is concluded for an indefinite period and is terminated upon termination by the Customer or using the system options allowing removal from the list of Newsletter subscribers or deletion of the Account. In the case of providing the Opinion Service, the contract is concluded for a fixed period and terminates when it is added.
The Shopping Cart service is available to Customers who have an active Account in the Online Store. The Shopping Cart service is provided for a specified period of time, until the Customer places an Order for the Product saved in the Cart or removes the Products from the Cart.
If the Customer violates the provisions of the Regulations, the Seller, after an ineffective request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

IV. PROCEDURE FOR CONCLUDING A CONTRACT

Information about the Products provided on the Store's websites, in particular their descriptions, technical and operational parameters and prices, do not constitute an offer within the meaning of Art. 66
§ 1 of the Civil Code and only an invitation to submit offers within the meaning of Art. 71 of the Civil Code.
The condition for placing an Order and concluding an Agreement is to have an active e-mail account or an Account.
An order placed via the Online Store constitutes an offer and is binding on the Customer from the moment the Seller confirms receipt of the Order and confirmation of execution until the payment deadline specified therein.
Confirmation of receipt of the Order specifies its subject.
The contract is concluded when the Customer receives confirmation of acceptance of the Order for execution.
To the Customer who placed an Order via e-mail or telephone, the Seller immediately confirms the content of the future Agreement by sending a message to the provided e-mail address containing at least information about:
1. Customer's name and address,
2. name and price of the Product,
3. quantity of a given Product,
4. method and date of payment,
5. method, date and costs of delivery,
6. content of the Regulations,
7. protection of personal data.
The confirmation referred to in point 6 constitutes an offer which the Seller is bound by for two Business Days from its receipt by the Customer. If, within the deadline specified in the previous sentence, the Customer sends the Seller information about acceptance of the content of the proposed Agreement, the Agreement is concluded upon receipt of the message by the Seller.
After concluding the Agreement and before its execution, the Seller sends the Customer a message to the provided e-mail address confirming the Order, indicating at least:
1. parties to the contract,
2. name, price and quantity of the Ordered Product or Products,
3. method and date of payment,
4. method, date and cost of delivery,
5. total price to be paid,
6. regulations and annexes.

V. DELIVERY

The Seller delivers the Products covered by the Order to the address indicated by the Customer when placing the Order.
If there are restrictions on delivery, the Seller provides information about such restrictions in a clear and legible manner on the Online Store's website.
The Customer may choose the following methods of delivery of the ordered Products:
1. via a courier company indicated by the Seller/Customer,
2. personal collection at the personal collection point of the Online Store.
On the Store's website, the Seller informs the Customer about the deadline for completing the Order and the amount of delivery fees for the Products.
The order completion time is counted in Business Days. The deadline for completing the Order begins on the day of receipt of payment - in particular, in the case of payment by bank transfer, on the day the funds are credited to the Seller's account, and if payment is to be made on delivery - on the day of concluding the Agreement. The deadline referred to in the previous sentence expires on the date of transfer of the Products covered by the Order to the Customer.
If different implementation periods are provided for the Products covered by the Order, the longest period among those indicated applies for the entire Order, in accordance with point 5 above.
The Customer receives a receipt or invoice along with the Product - according to the choice made when placing the Order.

VI. PRICES AND PAYMENT METHODS

Product prices presented on the Online Store's website include all components, including VAT and are given in Polish zlotys.
The Customer may choose the following payment methods for the Order:
1. transfer to the Seller's bank account,
2. transfer made using the electronic payment system integrated with the Online Store,
3. payment in cash upon personal pickup,
4. card payment upon personal pickup,
5. payment in cash on delivery.
The Customer is obliged to pay for the ordered Product, including delivery costs and any additional costs indicated in the Online Store, within [2 days] of placing the Order, unless payment on delivery is selected. If payment is not made within 2 days, the sales contract is considered not concluded.

VII. RIGHT TO WITHDRAW FROM THE AGREEMENT

The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough for the Customer to send a statement before its expiry.
The Customer may formulate the declaration himself or use the template declaration of withdrawal from the Agreement, which constitutes an Annex to these Regulations and is available in the Online Store in the Exchange, Returns, Complaints subpage.
The 14-day period is counted from the date on which the Product was delivered or, in the case of a Service Agreement, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer's e-mail address.
Pursuant to Art. 38 Act on Consumer Rights, the Consumer's right to withdraw from the Agreement is excluded in the case of:

provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the Agreement;
an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
Agreements in which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specifications or serving to meet his individual needs;
Agreements in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
An agreement in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
Agreements in which the subject of the provision are Products which, after delivery, due to their nature, are inseparably connected with other items;
An agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Products other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Products;
Contracts in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
Agreement concluded by public auction;
Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
Agreements for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the Agreement expires and after the Seller informs him about the loss of the right to withdraw from the Agreement.

In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, features and functionality of the Products. The return should be made immediately, no later than within 14 days. The Customer returns the purchased Product to the Seller's address.
The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Product. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer.
The Seller may withhold the refund of payments received from the Customer until he receives the Product back or the Customer provides proof of sending it back, depending on which event occurs first, unless the Seller has offered to collect the Product from the Customer himself.
If the Consumer has chosen a method of delivery of the Products other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear this cost.

VIII. COMPLAINTS AND WARRANTIES

The Seller undertakes to provide the Customer with Products that do not contain defects within the meaning of the provisions of the Civil Code.
The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects in accordance with the principles set out in Art. 556 - 576 of the Civil Code, taking into account the provisions below.

The Seller is liable under the warranty for physical defects that existed at the time the danger passed to the Consumer or resulted from a cause inherent in the Goods at the time of sale.
If a defect is found, the Consumer will report this fact to the Seller, describing its nature. In order to process the complaint more quickly, the Consumer should use the complaint form available in the Online Store.
In the complaint, the Consumer should specify the exact content of his request, in particular indicate whether: he demands a price reduction, he withdraws from the concluded contract, he demands removal of the defect, he demands replacement of the Goods with a new one.
If the described defect or request requires clarification, the Seller will ask the Consumer to provide additional information or specify the request.
If the Consumer refuses to accept the complaint, within 14 days from the date of receipt of the response, he or she will inform the Seller about his or her decision regarding the disposal of the Goods, the method of collecting the Goods or storing the Goods by the Seller at the Consumer's expense. In the event of an order to transfer the Goods to the Consumer, the Consumer bears the cost of delivering the Goods to him. If the Consumer does not submit a declaration about the fate of the Goods, the Seller will store the Goods and charge the Consumer a fee of PLN 1.00 net per day. The fee for each day of storing the Goods will be due after that day. The provisions regarding the storage and return of the Goods apply accordingly to the situation in which a Customer who is not a Consumer submits a complaint to the Goods.

Complaints resulting from the violation of the Customer's rights guaranteed by law or under the Regulations may be directed to the Seller:
1. to the correspondence address,
2. electronically by sending a message to the e-mail address: [email protected],
3. using the contact form available in the Online Store.

The Seller undertakes to consider the complaint within 14 days.
If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
Complaints regarding the use of the Store, the Services provided therein and functionalities may be directed to the Seller in the manner indicated in point. 3 above, indicating in the complaint your name and surname, correspondence address, type and description of the problem.
In the event of a complaint about the Services referred to in point. 6 above, the Seller will consider them within 30 days.
If the Seller does not respond to the complaint within 30 days, it is considered that the complaint has been accepted
Products presented in the Online Store may have a warranty from the manufacturer, seller or importer. In the case of Products covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is presented on the Store's website and on the document attached to the shipped goods.

IX. OUT-OF-JUDICIAL METHODS OF RESOLVING COMPLAINTS AND SEEKING CLAIMS

Any disputes arising from the Agreement or the provision of Services in the Online Store may be resolved during mediation or by an arbitration court.
The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of resolving disputes and pursuing claims:
1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded contract;
2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving the dispute between the Customer and the Seller, using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection;
4. may submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/ .

X. PERSONAL DATA PROTECTION

The Seller may collect personal data provided by the Customer, in particular data provided when placing the Order and for the purpose of its implementation.
Personal data collected by the Seller are processed in accordance with the provisions of applicable law, including the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 1997, No. 133, item 883, as amended) and the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2002, No. 144, item 1204, as amended).
The Seller makes every effort to protect the privacy of the data provided to it and for this purpose uses appropriate physical, technical, IT and organizational measures.
The Seller processes personal data solely on the basis of authorization to process data and solely for the purpose of executing the Order or Service, and archiving data, as well as for other purposes specified in the Regulations.
Providing personal data by customers is voluntary. The Customer has the right to access his data, correct it, as well as request the Seller to delete it. The Seller may refuse to delete the Customer's data only if the Customer has violated the applicable legal provisions or provisions of the Regulations in his behavior in the Online Store, and the retention of the Customer's personal data by the Seller is necessary to determine the Customer's liability and the circumstances of such violation. In order to complete the Order or provide certain Services, the Seller may entrust the Customer's personal data to other entities, including in particular: - DHL Parcel Polska Sp. z o. o. with its registered office in Warsaw, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw. Warsaw, 13th Commercial Division of the National Court Register, KRS number 631916, share capital PLN 21,479,000, NIP 9512417713. ; - Przelewy24.pl - DialCom24 Sp. z o. o. 60-327 Poznań, ul. Kanclerska 15, NIP 781-173-38-52, REGON 634509164, District Court Poznań, 8th Department. Commercial Division of the National Court Register, KRS No. 0000306513, share capital: PLN 1,697,000, PayPro SA 60-327 Poznań, ul. Kanclerska 15 NIP 779-236-98-87, REGON 301345068, District Court Poznań, 8th Department. Commercial Register of the National Court Register, KRS No. 0000347935, share capital: PLN 4,500,000. ; - DPD Polska Sp. z o. o. with its registered office in Warsaw, ul. Mineralna 15 (02-274), company entered into the register of entrepreneurs of the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS number 0000028368, NIP 526-020-41-10, share capital 228,604,000 zloty

Providing personal data by customers is voluntary. The Customer has the right to access his data, correct it, as well as request the Seller to delete it. The Seller may refuse to delete the Customer's data only if the Customer has violated the applicable legal provisions or provisions of the Regulations in his behavior in the Online Store, and the retention of the Customer's personal data by the Seller is necessary to determine the Customer's liability and the circumstances of such violation.

XI. FINAL PROVISIONS

All rights to the Online Store, including intellectual property rights to the name, domain, website and logo belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
In all matters arising from the contract concluded between the Seller and the Customer who is not a Consumer, Polish law will apply.
The settlement of any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
The Seller is obliged to notify the Customer about any changes to these regulations:
1. on the main page of the Online Store and
2. electronically to the e-mail address if the Customer has an Account or has ordered the sending of commercial information.
The notification will include a summary of the changes and their effective date, which period will not be less than 14 days from the date of notification.