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Terms and Conditions

§1 Introductory provisions

  1. The Niezawodneczesci.pl online store, available at https://niezawodneczesci.pl, is operated by S-Automotive Sp. z o.o. , with its registered office in Gorlice, entered into the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number 0001146073, with share capital of PLN 55,000, Tax Identification Number (NIP) 738 217 62 49, and National Business Registry Number (REGON) 540481211.
  2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with Customers remotely via the Store.

§2 Definitions

  1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject matter of which is not directly related to their business or professional activity.
  2. Seller  S-Automotive Sp. z o.o.  with its registered office in Gorlice, at ul. Kombatantów 32, postal code 38-300, entered into the National Court Register by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number 0001146073, with share capital of PLN 55,000, Tax Identification Number (NIP) 738 217 62 49, National Business Registry Number (REGON) 540481211.
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, granted legal capacity by a separate act, conducting business activity on its own behalf and using the Store.
  5. Shop – an online store operated by the Seller at https://niezawodneczesci.pl
  6. Distance Contract – a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Statute – these Store Terms and Conditions.
  8. Order – a declaration of intent submitted by the Customer via the Order Form, directly leading to the conclusion of a Product Sales Agreement with the Seller.
  9. Account – a customer account in the Store, which collects data provided by the Customer and information about Orders placed in the Store.
  10. Registration Form – a form available in the Store that allows the creation of an Account.
  11. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
  12. Shopping Cart – a component of the Store's software that displays the Products selected by the Customer for purchase, and allows you to determine and modify Order details, in particular the quantity of products.
  13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also includes – as applicable to the Product's features – a service agreement and a contract for specific work.

§3 Contacting the Store

  1. Seller's address: Kombatantów 32, 38-300 Gorlice, Poland
  2. Seller's email address: zamowienia@sunrich.pl
  3. Seller's telephone number: +48 697 614 208
  4. Seller's bank account number: 40 1020 3453 0000 8302 0404 6066
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  6. The Customer may communicate with the Seller by telephone between 8:00 a.m. and 4:00 p.m.

§4 Technical Requirements

  1. To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

    • a device with internet access and a web browser,
    • an active email account,
    • cookies enabled

§5 General Information

  1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Customers can place orders for Products in the Store's assortment either by creating an Account in accordance with the provisions of §6 of the Terms and Conditions, or by providing the necessary personal and address data to enable Order fulfillment without creating an Account.
  3. The prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement
  5. Gdy charakter przedmiotu Umowy nie pozwala, rozsądnie oceniając, na wcześniejsze obliczenie wysokości końcowej (ostatecznej) ceny, informacja o sposobie, w jaki cena będzie obliczana, a także o opłatach za transport, dostarczenie, usługi pocztowe oraz o innych kosztach, będzie podana w Sklepie w opisie Produktu.

§6 Creating an Account in the Store

  1. To create an Account in the Store, complete the Registration Form. The following information is required:
    • a. First and last name or company name,
    • b. Address details,
    • c. Telephone number,
    • d. Tax Identification Number (NIP) – in the case of a company,
    • e. Email address
  1. Creating an Account in the Store is free of charge.
  2. Logging in to the Account is done by entering the login and password specified in the Registration Form.
  3. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in §3.

§7 Rules for Placing an Order

  1. Log in to the Store (optional);
  2. Select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
  3. Log in or use the option to place an Order without registration;
  4. If you have chosen to place an Order without registration, complete the Order Form by entering the recipient's details and the address to which the Product is to be delivered, select the shipping method (Product delivery method), enter the invoice details if different from the recipient's details,
  5. Click the "Order and pay" button/click the "Order and pay" button and confirm the order by clicking the link sent in the email,
  6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to §8 point 3.

§8 Offered Delivery and Payment Methods

  1. The Customer can use the following delivery or collection methods for the ordered Product: Courier delivery, Cash on Delivery courier delivery, delivery to an Inpost parcel locker (depending on the dimensions of the package).
  2. Personal collection is available at: 38-300 Gorlice, ul. Kombatantów 32
  1. The Customer may use the following payment methods:
    • a. Cash on delivery
    • b. Cash on delivery
    • c. Payment by bank transfer to the Seller's account
    • d. Electronic payments
  1. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§9 Execution of the Sales Agreement

  1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the Online Store in accordance with §7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate email to the Customer's email address provided when placing the Order. The email message contains at least the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the Customer chooses:
    • a. payment by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise, the order will be canceled.
    • b. payment by cash on delivery – the Customer is obligated to make the payment upon delivery.
    • c. payment in cash upon personal collection of the shipment – the Customer is obligated to make the payment upon delivery within 3 days of receiving notification that the shipment is ready for collection.
  4. If the Customer has selected a delivery method other than personal collection, the Product will be shipped by the Seller within the time specified in the description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  5. A. In the case of ordering Products with different delivery times, the delivery date is the longest given date. In the case of ordering Products with different delivery times, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order is completed.
  6. The Product delivery time to the Customer begins as follows:
    • a. If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the Seller's bank account is credited.
    • b. If the Customer chooses payment by cash on delivery – from the date of conclusion of the Sales Agreement.
  7. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Seller will additionally inform the Customer about the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order.
  8. If Products with different readiness dates are ordered, the Customer has the option of collecting the Products in parts.
  9. The Product readiness time for collection by the Customer begins as follows:
    • a. If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the date the Seller's bank account is credited.
    • b. If the Customer chooses payment in cash upon personal collection – from the date of conclusion of the Sales Agreement.
  10. Product delivery takes place within Europe.
  11. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and during the placement of the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
  12. Personal collection of the Product by the Customer is free of charge.

§10 Right to withdraw from the contract

  1. Konsument może w terminie 14 dni odstąpić od Umowy Sprzedaży bez podania jakiejkolwiek przyczyny.
  2. Bieg terminu określonego w ust. 1 rozpoczyna się od dnia dostarczenia Produktu Konsumentowi lub wskazanej przez niego osobie innej niż przewoźnik.
  3. Konsument może odstąpić od Umowy, składając Sprzedawcy oświadczenie o odstąpieniu od Umowy. Do zachowania terminu odstąpienia od Umowy wystarczy wysłanie przez Konsumenta oświadczenia przed upływem tego terminu.
  4. Oświadczenie może być wysłane za pomocą tradycyjnej poczty, faxem bądź drogą elektroniczną poprzez przesłanie oświadczenia na adres e-mail Sprzedawcy lub przez złożenie oświadczenia na stronie internetowej Sprzedawcy – dane kontaktowe Sprzedawcy zostały określone w § 3. Oświadczenie można złożyć również na formularzu, którego wzór stanowi załącznik nr 1 do niniejszego Regulaminu oraz załącznik do ustawy z dnia 30 maja 2014 roku o prawach konsumenta, jednak nie jest to obowiązkowe.
  5. W przypadku przesłania oświadczenia przez Konsumenta drogą elektroniczną, Sprzedawca niezwłocznie prześle Konsumentowi na podany przez Konsumenta adres e-mail potwierdzenie otrzymania oświadczenia o odstąpieniu od Umowy.
  6. Skutki odstąpienia od Umowy:
    • a. In the case of withdrawal from a distance contract, the contract is considered null and void.
    • b. In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the day of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by them, including the costs of delivery, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
    • c. The Seller will return the payments using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution that will not involve any costs for them.
    • d. The Seller may withhold the reimbursement of payments until receipt of the Product back or until the delivery of proof of its return, whichever occurs earlier.
    • e. The Consumer should send back the Product to the Seller's address provided in these Terms and Conditions immediately, not later than 14 days from the day on which they informed the Seller of withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
    • f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by standard mail in the ordinary course.
    • g. The Consumer is only liable for any diminished value of the Product resulting from the use of it in a way other than was necessary to establish the nature, characteristics, and functioning of the Product.
  7. If, due to the nature of the Product, it cannot be returned by standard mail in the ordinary course, information about this, as well as the costs of returning the Product, will be included in the Product's description in the Store.
  8. The right to withdraw from a distance contract is not available to the Consumer in respect of the Agreement:
    • a. in which the subject of the service is a non-prefabricated item manufactured according to the Consumer's specifications or serving to satisfy their individualized needs,
    • b. in which the subject of the service is an item delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery,
    • c. in which the subject of the service is an item that deteriorates rapidly or has a short shelf life,
    • d. for the 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 performance of the service by the Seller, they would lose the right of withdrawal from the Agreement,
    • e. 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 expiry of the period of withdrawal from the Agreement,
    • f. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
    • g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
    • h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
    • i. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements,
    • j. for the supply of digital content which is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the period of withdrawal from the contract and after informing them by the Seller about the loss of the right of withdrawal from the Agreement,

§12 Out-of-court complaint handling and redress procedures

  1. Detailed information regarding the possibility for the Consumer to use out-of-court complaint handling and redress procedures, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_addresses.php.
  2. The Consumer has the following exemplary possibilities of using out-of-court complaint handling and redress procedures:
    • a. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
    • b. The Consumer is entitled to apply to the Voivodship Inspector of Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
    • c. The Consumer can obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§13 Personal Data in the Online Store

  1. The administrator of the Customers' personal data collected via the Online Store is the Seller.
  2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer consents – also for marketing purposes.
  3. The recipients of the personal data of the Online Store's Customers may be:
    • a. In the case of a Customer who uses the method of delivery by post or courier in the Online Store, the Administrator discloses the collected personal data of the Customer to the selected carrier or intermediary performing shipments on behalf of the Administrator.
    • b. In the case of a Customer who uses electronic or credit card payment methods in the Online Store, the Administrator discloses the collected personal data of the Customer to the selected entity handling these payments in the Online Store.
  1. The Customer has the right to access and correct their personal data.
  2. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude that agreement.

§14 Final provisions

  1. Contracts concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act, and the Personal Data Protection Act.
  4. The Customer has the right to use out-of-court complaint handling and redress procedures. For this purpose, they may submit a complaint via the EU's online ODR platform available at: http://ec.europa.eu/consumers/odr/.