Regulations of the online store as of 13.06.2023.

Terms and conditions of the AUTOVIP24 online store

specifying, among other things. rules for concluding contracts through the Store, including the most important information about the Seller, the Store and the rights of the Consumer

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Attachment No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays in Poland.
Civil Code – Polish Act of 30 May 2014 on Consumer Rights Act on Consumer Rights – Polish Act of 30 May 2014 on Consumer Rights.
Consumer – any Buyer who is a natural person making a purchase at the Shop for purposes which are outside that person’s trade, business, craft or profession
Account – a free-of-charge function of the Store (service provided electronically), regulated by separate regulations, thanks to which each subject using the Store may set up an individual account in the Store.
Buyer – any entity making a purchase at the Shop whose habitual residence is in the European Union.
Privileged Buyer – Buyer who is a Consumer or a Privileged Business.
Privileged Entrepreneur – an individual who enters into a contract with the Seller that is directly related to his business activity, but which does not have a professional character for him.
Regulations – these Terms and Conditions.
Store – AUTOVIP24 online store operated by the Seller at https://autovip24.eu.
Seller – Mariusz Mikulski, entrepreneur conducting business activity under the name of AutoVip24 Mariusz Mikulski, registered in the Central Register and Information on Business Activity conducted by the minister competent for economy and keeping the Central Register and Information on Business Activity, NIP 5562072473, REGON number 341414996, ul.Wierzbowa 13 61-160 Daszewice.
Law on Consumer Rights – Law of May 30, 2014. On consumer rights.

§ 2 CONTACTING THE SELLER

  1. Postal address: 13 Wierzbowa St. 61-160 Daszewice POLAND
  2. E-mail address: info@autovip24.eu

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store you need:
    1. device with internet access
    1. A web browser that supports JavaScript and cookies.
  2. For placing an order in the Store, in addition to the requirements specified in paragraph. 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. Product prices shown in the Store are the total prices for the product.
  2. The Seller notes that the total price of an order consists of the price indicated in the Store for the product and, if applicable, the cost of delivery of the goods.
  3. The product selected for purchase should be added to the shopping cart in the Store.
  4. The Buyer then selects the method of delivery of goods and the method of payment for the order from among the options available in the Store, and provides the data necessary to complete the order placed.
  5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is the same as concluding a contract between the Buyer and the Seller.
  7. The buyer can register in the Store, i.e. set up an Account with it, or make purchases without registration by providing your information with each possible order.

§ 5 PAYMENTS

  1. Za złożone zamówienie można zapłacić, w zależności od wyboru Kupującego:
    1. via payment card:
      1. Visa
      1. Visa Electron
      1. MasterCard
      1. MasterCard Electronic
      1. Maestro
    1. za pośrednictwem platformy płatniczej:
      1.  
      1. eCard
      1. PayPal
      1.  
    1. cash on delivery, i.e. By card or cash at the time of delivery of the goods to the Buyer;
  2. If you choose to pay via the Blue Media payment platform, the online payment service provider is Blue Media S.A.
  3. If the Buyer chooses to pay in advance, the order must be paid for within 2 Business Days of placing the order.
  4. The seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after the order is placed, payment of the order is possible only immediately after the order is placed.
  5. By purchasing from the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER EXECUTION

  1. The lead time of the order is indicated in the Store.
  2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to process the order after payment.
  3. In a situation where the Buyer has purchased products with different lead times within one order, the order will be fulfilled within the time limit applicable to the product with the longest lead time.
  4. States on the territory of which delivery is made:
    1. Poland
    1. Austria
    1. Belgium
    1. Bulgaria
    1. Croatia
    1. Czech Republic
    1. Dishes
    1. Finland
    1. Estonia
    1. France
    1. Greece
    1. Spain
    1. Ireland
    1. Lithuania
    1. Luxembourg
    1. Latvia
    1. Malta
    1. Netherlands
    1. Germany
    1. Portugal
    1. Romania
    1. Slovakia
    1. Slovenia
    1. Sweden
    1. Hungary
    1. Italy
  5. Products purchased from the Store are delivered via courier service.

§ 7 RIGHT OF WITHDRAWAL

  1. 1. A buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawal expires after 30 days from the date:
    1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
    1. on which the Priority Buyer took possession of the last good, lot or part, or on which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last good, lot or part, in the case of a contract obligating the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
  3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or e-mail).
  4. A buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to comply with the deadline for withdrawal, it is sufficient for the privileged Buyer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

    CONSEQUENCES OF WITHDRAWAL
  6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
  7. The Seller will refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer will not incur any fees in connection with this refund.
  8. If the Seller has not offered to collect the goods from the privileged Buyer himself, the Seller may withhold payment until he receives the goods or until he is provided with proof of their return, whichever event occurs first.
  9. The Seller asks you to return the goods to the address: ul.Wierzbowa 13 61-160 Daszewice immediately, and in any case no later than 14 days from the day on which the Buyer privileged to inform the Seller about withdrawal from the contract of sale. The deadline is met if the privileged buyer sends back the goods before the expiration of the 14-day period.
  10. The privileged buyer shall bear the direct costs of returning the goods.
  11. The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned by ordinary mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
  13. If there is a need for a refund of funds for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to the contract:
    1. in which the subject of performance is a non-refabricated good, produced according to the specifications of the privileged buyer or serving to meet his individualized needs;
    1. in which the object of performance is goods that are perishable or have a short shelf life;
    1. in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
    1. in which the object of performance is goods that, after delivery, by their nature, become inseparable from other things;
    1. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    1. for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
    1. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller shall be liable to the privileged Buyer for the compliance of the performance with the contract, as provided by generally applicable laws, including in particular the provisions of the Law on Consumer Rights.
  2. The Seller requests that complaints be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If the product has a warranty, information about it, as well as its conditions, is available in the Store.
  4. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
  5. The seller will respond to the complaint within 14 days of receipt.

II BUYERS

  1. Goods
    1. The Seller is liable to the Consumer for any lack of conformity of the goods with the contract, which exists at the time when the goods were delivered and which becomes apparent within two years of that time – subject to section 11(3) and 11(4) of the Terms and Conditions.
    1. In the case of a lack of conformity of the good with the contract, the Consumer can
    1. – on the principles laid down in the Act on Consumer Rights:
      1. exchange of goods,
      1. repairs to goods.
    1. In addition, the Preferred Buyer may make a statement about:
      1. price reduction,
      1. withdrawal

in a situation where:

  • The seller refused to bring the goods into conformity with the contract in accordance with Art. 43d para. 2 of the Law on Consumer Rights;
    • The seller failed to bring the goods into conformity with the contract in accordance with Art. 43d d 4-6 of the Law on Consumer Rights;
    • the lack of conformity of the goods with the contract continues, despite the fact that the Seller tried to bring the goods into conformity with the contract;
    • the lack of conformity of the goods with the contract is so significant that it justifies either a price reduction or withdrawal from the contract without first resorting to the protections set forth in Art. 43d of the Consumer Rights Law;
    • it is clear from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
    • In the case of goods subject to repair or replacement, the privileged Buyer should make such goods available to the Seller. The seller shall collect the goods from the privileged buyer at his own expense.
    • A privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
    • In the event of withdrawal from the contract referred to in this section (relating to goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address ul.Wierzbowa 13 61-160 Daszewice. The Seller shall return the privileged price to the Buyer immediately, no later than 14 days from the date of receipt of the goods or proof of their return.
    • The Seller shall refund to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer’s statement on price reduction.
  • Out-of-court ways of dealing with complaints and redress of grievances
    • W przypadku gdy postępowanie reklamacyjne nie przyniesie oczekiwanego przez Konsumenta rezultatu, Konsument może skorzystać m.in. z:
      • pomocy właściwego terenowo stałego polubownego sądu konsumenckiego działającego przy Wojewódzkim Inspektoracie Inspekcji Handlowej, do którego należy złożyć wniosek o rozpatrzenie sprawy przed sądem polubownym. Co do zasady postępowanie jest bezpłatne. Wykaz sądów dostępny jest pod adresem: https://uokik.gov.pl/stale_sady_polubowne.php;
      • free assistance from the city or county consumer ombudsman;

III BUYERS OTHER THAN PREFERRED BUYERS

  1. In the event of a defect in the goods, a Buyer other than a privileged Buyer has the opportunity to claim defective goods on the basis of the warranty regulated by the Civil Code.
  2. Against a Buyer other than a privileged Buyer, the Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the goods to the Buyer.
  3. According to the Civil Code, the Buyer, who is an entrepreneur other than a Privileged Entrepreneur, loses his rights under the warranty if he did not examine the goods in the time and manner usual for goods of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later – if he did not notify the Seller immediately after its discovery. To comply with the above deadline it is sufficient to send a notice of the defect before its expiration.
  4. Using the warranty, a Buyer other than a privileged Buyer may, under the terms of the Civil Code:
    1. Make a statement on price reduction,
    1. With a material defect – make a declaration of withdrawal from the contract,
    1. Demand that the goods be replaced with defect-free goods,
    1. Demand removal of the defect.
  5. If it turns out that it is necessary to deliver the defective goods to the Seller in order to consider the complaint, the Buyer other than the privileged Buyer is obliged to deliver these goods to the address ul.Wierzbowa 13 61-160 Daszewice.

§ 10 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer when using the Store is the Seller. Detailed information about the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – GDPR”GDPR.”
  2. The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
    1. contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) GDPR),
    1. Vendor’s legal obligation related to accounting (Article 6(1)(c) GDPR) and
    1. Vendor’s legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) GDPR).
  3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  4. Buyer’s data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to be in force;
    1. the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
    1. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
    1. the Buyer’s objection to the processing of his personal data is accepted – in case the basis of data processing was the legitimate interest of the Seller

– depending on what is applicable in the case and what will happen at the latest.

  • Kupującemu przysługuje prawo żądania:
    • Access to their personal data,
    • their correction,
    • removals,
    • processing restrictions,
    • przeniesienia danych do innego administratora
      a także prawo:
    • object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him, based on Art. 6 paragraph. 1(f) GDPR (i.e. on legitimate interests pursued by the Seller).
  • In order to exercise his rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
  • If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

§ 11 RESTRICTIONS

  1. It is prohibited for the Buyer to provide unlawful content.
  2. Each time an order is placed in the Store, it constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of the order.
  3. The choice of Polish law as governing law for contracts concluded with Consumers under the Terms and Conditions does not revoke or limit the rights of Consumers which they can exercise pursuant to the applicable mandatory provisions of law, applicable to the Consumer in cases where the choice of law does not take place, pursuant to Regulation (EC) of the European Parliament and of the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). This means in particular that if national provisions applicable to a certain Consumer provide for wider protection than that resulting from these Terms and Conditions or the Polish law – this wider protection shall be applied. The contracts concluded through the Shop are concluded in English. No regulation of the present Terms and Conditions waives or restricts in any way the applicable Consumer rights imposed by the provisions of law.
  4. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.

Appendix 1 to the Regulations

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may or may not use:

MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)

AutoVip24 Mariusz Mikulski
13 Wierzbowa St. 61-160 Daszewice
e-mail address: info@autovip24.eu

– I/We(*) …………………………………………………………… hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

– Date of contract(*)/acceptance(*)

…………………………………………………………………………………………………………………………………………………………

– Name of the Consumer(s)/Entrepreneur(s) privileged:

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s)/Entrepreneur(s) Privileged:

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s)/Entrepreneur(s) privileged.
(only if the form is sent in hard copy)

Date ……………………………………..

(*) Delete as necessary.