EinParts Automotive Store's Terms and Conditions

§ 1

Preliminary Provisions

  1. The EinParts Automotive Online Store is available at the address www.einparts.eu, it is managed by Szymon Krupa who runs business operations under the business name EINPARTS EUROPE SP. Z O.O. having it's seat in Wągrowiec, ul. Wierzbowa 1, entered into the National Court Register kept by the DISTRICT COURT for POZNAŃ - NOWE MIASTO I WILDA IN POZNAŃ, 9TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number 0000669255, NIP 766-199-61-87, REGON 366842899
  2. These Terms and Conditions are directed both to Consumers and Entrepreneurs using the Store, and determine the terms of using the Online Store as well as the principles and the procedure of concluding distance Sale Contracts with the Client through the Store.

§ 2

Definitions

  1. Consumer - a natural person, who enters with the Seller into a contract within the Store, the subject matter of which is not related to their business or professional operations.
  2. Seller - a natural person running business operations under the business name EINPARTS EUROPE SP. Z O.O. having their seat in Wągrowiec, ul. Wierzbowa 1, entered into the National Court Register kept by the DISTRICT COURT for POZNAŃ - NOWE MIASTO I WILDA IN POZNAŃ, 9TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER under KRS number 0000669255, NIP 766-199-61-87, REGON 366842899
  3. Client - any entity who makes a purchase through the Store.
  4. Entrepreneur  - a natural person, a corporate entity, and an organizational entity not being a corporate entity, assigned by a separate law with legal capacity, running business operations in their own name, which uses the Store.
  5. the Store - an online store being managed by the Seller at the address www.einparts.eu
  6. A contract concluded at a distance - a contract concluded with a Client within an organized system for contacting at a distance (within the Store), without the parties being physically present, using only one or more remote communication measures until and including the conclusion of the contract.
  7. Terms and Conditions - this Store's Terms and Conditions.
  8. Order - a Client's declaration of will filed using the Order Form, and intended to conclude a Contract for the Sale of Product or Products with the Seller.
  9. Account - the account of a Client in the Store, this is where the data provided by the Client and information regarding the orders placed by them in the Store are collected.
  10. Registration Form - a form available in the Store, it makes it possible to create a User Account.
  11. Order Form - an interactive form available at the Store, it makes it possible to place an Order, in particular by adding Products to the Basket, and to specify the terms of the Sales Contract, including the delivery and payment method.
  12. Basket – an element of the Store's software, where the Products chosen by the Client for purchasing are visible, and it is possible to determine and modify the Order's data, in particular the number of the products.
  13. Product - a movable item, or a service available at the Store, being the subject matter of a Sales Contract between a Client and the Seller.
  14. Sales Contract - the contract for the sale of a Product being concluded or concluded between a Client and the Seller through the Online Store.

§ 3

Contacting the Store

  1. The Seller's Address: Wierzbowa 1, 62-100 Wągrowiec
  2. The Seller's E-mail Address:
  3. The Seller's Phone Number:
  4. The Seller's Bank Account Number
  5. The Client can communicate with the Seller by means of the e-mail addresses and telephone numbers provided in this paragraph.
  6. The Client may communicate by phone with the Seller between 9 a.m. -5 p.m.

§ 4

Technical Requirements

The following are necessary to use the Store, including to view the Store assortment and place orders for the Products:

1) a terminal device connected to the Internet with the Google Chrome browser,

2) an active e-mail account,

3) cookie files support enabled,

4) FlashPlayer installed.

§ 5

General

  1. As far as acceptable according to the legal provisions, the Seller is not responsible for any interruptions, including breaks
    in the functioning of the Store, caused by a Force Majeure event, any illegal activities by third parties, or the incompatibility of the Online Store with a Client's technical infrastructure.
  2. To view the Store's offer, a User Account is required. Orders can be placed by the Client for the Products included in the Store assortment either after setting up an Account in line with the provisions of § 6 of the Terms and Conditions or by provision of the necessary personal data and contact details to allow the order to be processed without creating an Account.
  3. The prices in the Store are in Polish złotys and are gross prices (they include VAT).
  4. The end (final) amount payable by the Client includes the price for the Product and the delivery cost (including fees for transport, delivery and postal services) which the Client is informed about on the Store site when placing an Order, also at the time of expressing the will to become bound by the  Sales Contract.

§ 6

Creating an Account in the Store

  1. In order to set up an Account in the Store, the Registration Form must be filled in. It is required to provide the following data:

1) name,

2) e-mail

3) company

4) service address,

5) city,

6) province,

7) zip code,

8) country.

  1. Setting up an Account in the Store is free.
  2. To log in to the Account, the user must provide the login and password created in the Registration Form.
  3. The Client can, at any moment, without a cause, and without paying any fees for this reason, delete their Account by sending a respective request to the Seller, in particular via e-mail, or in writing to the addresses specified in § 3.

§ 7

Order Placement Principles

In order to place an Order:

1) login to the Store (optional);

2) choose the Product being the Order's subject matter, and then, click the "Add to the cart" button (or equivalent);

3) if the option of Ordering without Registration was chosen - fill in the Order Form by entering the data of your Order's recipient and the address, where the Product is to be delivered, choose the shipment type (Product delivery method), enter the invoicing data, if different than  the data of the Order's recipient,

4) click the "Buy and pay" button /click the "Buy and pay" button and confirm the order, by clicking the link sent in an e-mail message,

5) choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 item 3.

§ 8

Offered Delivery and Payment Methods

  1. The Client can use the following methods of delivery or collection of the ordered Product:

1) postal shipment, postal shipment payment upon delivery,

2) courier shipment, courier shipment payment upon delivery,

3) personal collection available at: Wierzbowa 1, 62-100 Wągrowiec.

  1. The Client can use the following payment methods:

1) payment at collection,

2) payment upon delivery,

3) payment by bank transfer to the seller's account,

  1. Detailed information concerning the delivery methods and the acceptable payment methods is included on the Store pages.

§ 9

Performance of the Sales Contract

  1. The Sales Contract between the Client and the Seller is concluded after the Client's submission of the Order in advance by means of the Order Form in the Online Store according to § 7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and, at the same time accepts the Order. The Order is received and its acceptance confirmed by the Seller by sending the respective e-mail message by the Seller to the Client to the Client's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving  the Order and its acceptance for processing as well as a confirmation of concluding the Sales Contract. Upon the Client's receipt of the above e-mail message the Sales Contract between the Client and the Seller is concluded.
  3. When the Customer chooses:

1) a payment by a bank transfer, electronic payments, or a payment card, the Client is obliged to make the payment within 3 days from the day of concluding the Sales Contract - otherwise, the order will be canceled,

2) payment upon the delivery, the Client is obliged to make the payment at the collection of the shipment,

3) a cash payment upon collecting the shipment in person, the Client is required to make the payment at the collection of the shipment within 3 days from the day of being notified of the shipment's availability for collection.

  1. If the Customer chooses a delivery method different than collecting in person, the Product will be sent by the Seller within the time indicated in its description (subject to section 5 of this paragraph), in the manner chosen by the Client when placing the Order.
  2. In the case of ordering Products with different delivery times, the delivery date is the longest specified deadline.
  3. The beginning of the delivery deadline is counted as follows:

1) if the Client chooses paying by a bank transfer, electronic payments, or a payment card- starting from the day of crediting the Seller's bank account.

2) if the Client chooses paying upon the delivery – from the day of concluding the Sales Contract,

  1. If the Client chooses collecting the Product in person, the Product will be ready for collecting by the Client within the time indicated in the Product's description. The Client shall be additionally notified of the Product's availability for the collection by the Seller by sending the respective e-mail message to the Client's e-mail address provided when placing the Order.
  2. In the case of ordering Products with different collection availability dates, the collection availability date is the longest specified term.

9. Each Product may be delivered within the European Union, Europe, etc.)

10. Delivering a Product to the Client is a paid service, unless the Sales Contract states otherwise. The Product delivery costs (including the fees for transport, delivering, and postal services) are indicated for the Client on the Internet store's website in the tab "Delivery costs", and when placing the Order, also at the time when the Client expresses their will to be bound by the Sales Contract.

11. A personal collection by the Client is free.

§ 10

Right to Withdraw from the Contract

  1. The consumer can, within 14 days, withdraw from the Sales Contract without providing any reason.
  2. The beginning of the period specified in sect. 1 starts from delivery of the Product to the Consumer or the person indicated thereby, other than the carrier.
  3. In the case of a Contract which includes many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 starts from the delivery of the last thing, batch or part.
  4. In the case of a Contract, which consist in providing Products continuously for a definite time (subscription), the deadline specified in section 1 starts upon the first of the items being delivered.
  5. The consumer can withdraw from the Contract, submitting a statement to the Seller about withdrawing from the Contract. It is sufficient for the Consumer to send the statement before the end of this term to meet the deadline for the withdrawal from the Contract.
  6. The consumer can submit a statement of withdrawing from any Sales Contract, among others, using the form, the template of which is included as Appendix no.1 to these Terms and Conditions, and appendix to the Act of May 30 2014 on the consumer rights.
  7. In the case of sending the statement by the Consumer by e-mail, the Seller shall immediately send to the Consumer to the e-mail address provided by the Consumer a confirmation of the receipt of the statement of the withdrawal from the Contract.
  8. The Effects of Withdrawing from a Contract:

1) in the case of withdrawing from a contract concluded at a distance, the Contract shall be deemed null and void.

2) in the case of withdrawing from a Contract, the Seller returns to the Consumer immediately, no later than within (14) days from the date of receiving the consumer's statement of cancelling the contract, all the payments they have made, including all the costs of delivering items, except for any additional costs  resulting from the method of delivery chosen by the Consumer other than the cheapest normal delivery method offered by the Seller.

3) the Seller shall return the payment using the same payment methods that were used by the Consumer in the primary transaction, unless the Consumer clearly agrees to another solution that will not involve any costs on their side.

4) the Seller can suspend the return of the payments until receiving the Product back or until a proof of it being sent back is delivered, whichever occurs first.

5) the Consumer should send the Product to the Seller's address specified in these Terms and Conditions immediately, no later than within 14 days starting from the day, when they informed the Seller about withdrawing from the Contract. The deadline will be met if the Consumer sends the Product back before the 14-day period expires.

6) the Consumer shall bear the direct costs of returning the Product, also the costs of returning the Product, if, due to its nature, this Product could not be sent back by mail within the regular procedure.

7) the Consumer is liable only for any loss in the Product's value resulting from using it in a different way than necessary to determine the nature, characteristics, and operation of the Product.

9. In a situation, when due to the Product's nature, it cannot be sent back within the regular procedure by mail, this, and the costs of returning the Product, will be specified in the Product's description in the Store.

10. The right to withdraw from a distance contract shall not be granted to the Consumer with reference to any Contract:

1) in which the subject matter of the service is a customized item, produced according to the Consumer's specification or used to satisfy their individualized needs,

2) in which the subject matter of the service is an item delivered in a sealed package, which, after the package is opened, cannot be returned due to the health or hygienic concerns, if the package was opened after being delivered,

3) when the subject matter of the service is an item quickly spoiled or with a short shelf life,

4) for providing services, if the Seller has performed a service in full with a clear consent of the Consumer, who was informed before starting the service that, after fulfilling the service by the Seller, they will lose the right to withdraw from the Contract,

5), in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may take place before the deadline for the termination of the Contract,

6) in which the subject matter are items that, after being delivered, due to their nature, are inseparably combined with other items,

7) in which the subject matter are alcoholic beverages, the price of which was agreed at concluding the sales contract, and which may be only delivered no sooner than 30 days later, and the value of which depends on fluctuations on the market which are beyond the Seller's control,

8) in which the subject matter are sound, or visual recordings, or computer software delivered in a sealed package, if the package was opened after being delivered,

9) of delivering dailies, journals, or magazines, except for a subscription contract,

10) of providing any digital content, which is not recorded on a material carrier, if the fulfillment of the service was started with the Consumer's express consent before the expiration of the deadline for terminating the contract, and after they were informed by the Seller of the loss of the right to terminate the Contract.

§ 11

Complaints and Warranty

  1. Each Sales Contract covers new Products.
  2. The Seller is obliged to deliver a defect-free item to each Client.
  3. In the event of any defect in a product bought from the Seller, the Client has the right to file a complaint under the regulations concerning the statutory warranty under the Civil Code. If the Client is an Entrepreneur, the parties exclude the liability under any implied warranty.
  4. A complaint should be filed in writing or electronically to the Seller's addresses stated in these Terms and Conditions, or with the use of the electronic complaint form, provided by the Seller on one of the Store's sub-pages.
  5. It is recommended to include in any complaint, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Client submitting the complaint, and the Client's demand in connection with the product's defect.
  6. The Seller will present their position towards the complaint immediately, and if the Client is a Consumer - no later than within 14 days. If the Client is a Consumer, and the Seller fails to present their position towards the complaint within 14 days, it is deemed that the Client's request was recognized as justified
  7. Any products sent back under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
  8. When any Product is covered by a warranty, this, and its content, will be specified under the Product's description in the Store. The Seller will also attach a warranty chart to the Product being sold.
  9. After reviewing each complaint, the Client shall receive the service documentation describing the result of the service examination.
  10. The equipment being covered by a complaint shall be collected only at the place where, and in the form in which this product was delivered to the Seller.
  11. The equipment being covered by a complaint should be collected within 30 days from the Client being notified of ending the service procedures. If the equipment is not collected within the aforementioned deadline, the Seller shall call upon the Client in writing to collect the equipment within 14 days from delivering the call. After the ineffective lapse of the additional deadline, the Seller is authorized to charge fees for storing the equipment without a contract. The fee is 5% of the presently binding rate for 1 m2 of storage space in the city of the seller's seat for each month of storing.
  12. Most products offered by the Seller is covered by the manufacturer's, the importer's, or the seller's warranty. Each time, the warranty implementation terms are specified in the warranty form issued by the guarantor. The provision above does not exclude, and it does not limit, and it does not suspend the Consumer's rights resulting from the Act of May 30, 2014 on the consumer's rights (consolidated text: Journal of Laws 2019 item 134 as amended).

§ 12

Out-of-court Methods for Examining Complaints and Pursuing Claims

  1. Detailed information on the Consumer's option to use out-of-court methods for examining complaints and pursuing claims and the principles of accessing these procedures are available in the headquarters and on websites of district (municipal) consumer ombudsmen, social organizations  , the statutory responsibilities of which include protecting consumers, the Provincial Commercial Inspection Inspectorates, as well as the following addresses of the Office for the Protection of Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php  , and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The Consumer has the following example options of using out-of-court methods for examining complaints and pursuing claims:
  3. The Consumer is authorized to address a permanent consumer arbitration court mentioned in Art. 37 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws of 2019 item 134 as amended), by submitting an application for settling a dispute resulting from any Contract concluded with the Seller.
  4. The Consumer is authorized to apply to the Provincial Trade Inspection Officer according to Art. 36 of the Act of 15th December 2000 on the Trade Inspection (Journal of Laws of 2018 item 134 as amended), by submitting an application for initiating a mediation procedure for ending a dispute  between the Consumer and the Seller amicably.
  5. The Consumer can obtain free assistance on resolving a dispute between them and the Seller, also using free assistance of the district (municipal) consumer ombudsman, or a social organization the statutory responsibilities of which include protecting competition (among others the Federation of Consumers, the Association of Polish Consumers).

§ 13

Final Provisions, Changing the Terms and Conditions

  1. Any contracts concluded through the Online Store are in Polish.
  2. The Seller reserves the right to make changes in the Terms and Conditions for valid reasons, that is: changes in the law, changing the payment and delivery methods - to the extent to which these changes affect the provisions of these Terms and Conditions. Any changes in the Terms and Conditions will be announced not later than 14 days prior to the introduction of the amended Terms and Conditions.
  3. Upon the publication of any changes in the Terms and Conditions, appendices, or additions in the internet, any earlier provisions in this regard shall become null and void, and are replaced by the new provisions, unless further provisions of these Terms and Conditions state otherwise.
  4. The refusal to approve the introduction of any new provisions should be submitted to the Seller by e-mail or in writing. In such a case, the Account shall be cancelled immediately.
  5. If the User fails to submit their refusal in the designated time and form, it is assumed that they have agreed to the change, or to adding new provisions to the Terms and Conditions.
  6. An amendment to these Terms and Conditions is not required for promotions, competitions, and additional services offered by the Seller, the detailed terms and conditions of which shall be each time defined in the Appendices to these  Terms and Conditions.
  7. In any matters not regulated in these Terms and Conditions, the commonly binding regulations of the Polish law apply,
    in particular: of the Civil Code; the Act on the provision of electronic services; the Act on the consumer's rights, the Personal Data Protection Act.

 

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