TERMS AND CONDITIONS OF ONLINE SHOP
CARMOTION.PL
The "Carmotion" online store available at: https://carmotion.pl (hereinafter referred to as the "Online Store") is run by "CARMOTION POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ" with its registered office in Żodyń (64-212), st. Spacerowa 25, NIP: 923-16-67-045, REGON: 301106240, entered into the register of entrepreneurs of the National Court Register kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000330355, with share capital of PLN 50,000.00.
The "Carmotion" online store is a platform intended only for Entrepreneurs ordering Goods from Carmotion Sp. z o. o. for professional purposes, directly related to their business activities and who are not consumers within the meaning of the provisions of the Civil Code.
These regulations, hereinafter referred to as the "Regulations", are established pursuant to Art. 8 Para. 1 point 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended). These Regulations are made available to the Customer free of charge via the website: https://carmotion.pl/pl/regulamin, which provides the opportunity to read its content before concluding the contract.
The Customer may contact the Seller via e-mail: biuro@carmotion.pl, by phone: (+48) 68 347 26 80, Fax: (+48) 68 346 83 11 or via the contact form on the website https:// carmotion.pl/pl/kontakt, as well as in writing to the following address: Żodyń, st. Spacerowa 25, 64-212 Siedlec, Poland.
Glossary:
Store or Online Store - a platform intended for placing orders and purchasing Goods by the Buyer online at carmotion.pl.
Product page – a page on the website that presents information about the products in the Store's assortment.
Regulations - this document regulating the placing of orders and purchases of Goods by the Buyer online at carmotion.pl
Seller - CARMOTION POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Żodyń (64-212), st. Spacerowa 25, NIP: 923-16-67-045, REGON: 301106240, entered into the register of entrepreneurs of the National Court Register kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000330355, with share capital of PLN 50,000.00.
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Buyer – an entrepreneur who purchases Goods from Carmotion Sp. z o. o. for professional purposes, directly related to the business activity performed, who is not a consumer within the meaning of the provisions of the Civil Code.
Customer - a natural person, a legal person or an organizational unit without legal personality, conducting business or professional activity on its own behalf, making purchases in the Store for professional purposes, directly related to the business activity, not being a consumer within the meaning of the provisions of the Civil Code.
Goods or Product - a movable item or items that are the subject of the Sales Agreement concluded between the Seller and the Buyer.
Service – electronic services provided by the Seller via the Online Store.
Sales contract - a sales contract within the meaning of the Civil Code concluded remotely between the Customer and the Seller via the Online Store, the subject of which is the purchase of Goods.
Customer Account - a set of resources in the Seller's IT system, which collects information about the Customer, including address information and order history.
Order form – a form available in the Online Store enabling you to make a purchase.
Registration form – a form available in the Online Store enabling the creation of a Customer Account.
Newsletter - a service enabling subscription and receiving electronically free information about the Seller's Goods and promotions.
Electronic transfer - payment made by the Customer from an online bank account, via online payment systems.
Entity making the payment - an entity external to the Seller, intermediating in the execution of payments via bank transfer or payment by payment card or credit card.
Working days - days of the week from Monday to Friday, excluding public holidays.
§1
General provisions
1. These regulations define the rules for using the Store, placing orders for Products available in the Store, delivering the ordered products to the Customer, and paying the sales price of the products by the Customer. The Regulations constitute a standard contract within the meaning of the Civil Code and apply to placing orders and making purchases in the Online Store.
2. The Regulations are available on the website https://carmotion.pl and at the headquarters of Carmotion Sp. z o. o.
3. The subject of the Store's activity is the sale of Products currently in the assortment and enabling the Customer to submit offers for Products placed on the Store's product pages. Submitting offers is possible by placing an order on the website for registered users of the website after correctly completing the order form, including providing the delivery address, data necessary to correctly issue a VAT invoice (name, surname, company, residential address, NIP), selected payment method and selecting the ordered product.
4. The Customer may be a natural person, a legal person or an organizational unit without legal personality who is an Entrepreneur within the meaning of these Regulations.
5. Sales take place via the Internet between the Customer who submits the offer, as a buyer, and the Seller.
6. Each Customer purchasing Products offered by the Store is obliged to read these regulations.
7. Placing an order by the Buyer is tantamount to accepting the Regulations. If the Buyer declares that he does not accept the Regulations, Carmotion Sp. z o. o. refuses to process the order.
8. The Seller reserves the right to change the prices of Goods available in the Online Store, introduce new Goods, conduct and cancel promotional campaigns or make changes to ongoing promotions. These changes do not affect the content of rights acquired before the changes were introduced.
9. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical database or software. Suspension or termination of individual functionalities of the Online Store may not violate the Customer's rights.
10. The Seller is not responsible for entering incorrect data by the Customer or for the Customer's actions in a way that hinders or prevents the provision and implementation of services by the Seller.
11. The Seller is not responsible for the consequences of using the Online Store by the Customer in a manner inconsistent with the provisions of the Regulations, applicable legal provisions and applicable principles of social coexistence or customs.
12. The Seller complies with the principles of protection of Customers' personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
13. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store, available at: https://carmotion.pl/pl/polityka-prywatnosci.
§2
Technical conditions for placing orders
1. The technical condition for using the functionality of the Store is to have a properly functioning device enabling access to the Internet and a current, active and correctly configured e-mail account.
2. To use the https://carmotion.pl website, including viewing the website's assortment and placing orders for Products, you need:
a) a computer or similar device with access to the Internet and a web browser such as: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) active e-mail account;
c) Cookies and JavaScript support enabled.
3. If the Customer uses hardware or software that does not meet the technical requirements specified above, the Seller does not guarantee the correct functioning of the website and reserves that it may have a negative impact on the quality and course of the ordering procedure.
4. The Customer is prohibited from providing illegal content. If the Seller receives an official notification or reliable information about the unlawful nature of the stored data provided by the Customer, the Seller may prevent access to this data. In such a case, the Seller shall not be liable for any violations resulting from reasons attributable to the Customer.
5. Differences between the appearance of the Goods in the Online Store and the appearance of the Goods delivered to the Buyer, which result solely from the individual settings of the computer equipment used by the Buyer when placing the order, do not constitute the basis for claims against the Seller.
§3
Services and general terms of service
1. The Seller uses the Online Store to provide electronic services consisting of:
a) enabling completion of the order form in order to conclude Sales Agreements,
b) enabling registration and maintenance of a Customer Account,
c) sending Customers information about promotions and Goods in the form of a "Newsletter".
2. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a specified period of time when he begins to fill out the form and is terminated when he refrains from filling out the form or when he sends the completed form to the Seller.
3. The contract for the provision of electronic services in the form of enabling registration and maintenance of a Customer Account is concluded with the Customer for an indefinite period at the time of registration in the Online Store.
4. The contract for the electronic provision of the "Newsletter" service is concluded for an indefinite period of time upon subscribing to the "Newsletter" service using the functionality available on the Online Store website.
§4
Registration
1. In order to place an order, the Seller allows users to register on the website.
2. To register in the Store, complete the registration form, providing your name and surname, telephone number, entrepreneur's company, company address, e-mail address, shipping address, NIP number, password, accept the Regulations and submit the required declarations.
3. Registration in the Store as well as using the functionality of the Online Store are free of charge.
4. After registering in the Store, each time you log in using the data provided in the registration form.
5. Removal of the Customer's account from the Store is done by sending an e-mail with a request to delete the account to the following address: biuro@carmotion.pl.
§5
Orders
1. The Seller reserves that the prices and other information about the Goods in the Online Store do not constitute an electronic sales offer, nor do they constitute a sales offer within the meaning of the provisions on the sales contract contained in the Civil Code.
2. Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
3. Orders from customers are accepted 7 days a week, 24 hours a day.
4. The Seller processes orders in the order in which they are received.
5. To place an order using the form available on the website, please: select the Product that is the subject of the order on the Product Page, then click the "add to cart" button, select the form of delivery of the ordered Product, complete the order form, select the form payment for the ordered Product, add other important information in the NOTES field and confirm the order by clicking the "order and pay" button. By clicking the "order and pay" button, the customer places an order.
6. Each order will be confirmed by the Seller by sending to the Customer a document confirming the price and terms of purchase. Confirmation will be sent to the e-mail address provided by the Customer.
7. The confirmation of order acceptance sent by the Seller to the e-mail address provided by the Customer constitutes a declaration of acceptance of the offer referred to above.
8. Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a declaration that the person placing the order is authorized to represent the entity on whose behalf the order was placed. Placing an order without appropriate authorization will result in the person placing the order being liable for any damage resulting from this fact.
9. The price of the Goods in the Online Store is valid until stocks last.
10. The Seller will make every effort to ensure that the information on the availability of Goods in the Online Store coincides with the current stock levels of the Seller. In the event of unavailability of all or part of the ordered Goods, the Buyer will be notified by e-mail.
11. The order may be delivered, according to the Customer's choice: via a courier company, by Polish post or by personal collection.
12. The Seller reserves that Art. 661 § 1-3 of the Civil Code does not apply to sales in the Online Store.
§6
General terms and conditions of sale of Goods
1. The price given for each Product is binding at the time the Customer places the order. The given price does not include delivery costs.
2. The Product is delivered in the manner selected by the Customer and specified in the order. Information about delivery costs is available on the Product Page.
3. Delivery costs will be added to the price depending on the Customer's choice regarding the delivery method when placing the order.
4. Before placing an order, the Customer will be informed of the total amount he will have to pay in connection with placing the order, along with any additional costs, including delivery costs.
5. Payment for the ordered Products may be made in the following forms:
a) upon delivery - in such a case, the execution of the order begins after the ordering process is completed;
b) electronic transfer in one of the electronic payment systems accepted by the Store - the order processing begins after the Store receives confirmation of the correct operation from the payment operator;
c) bank transfer - in such a case, the execution of the order begins after the payment is credited to the Seller's account, and the Customer should make the payment within 7 days from the date of placing the order in the Store, otherwise the order will be left without consideration and any funds paid will be returned.
6. Orders with delivery outside Poland can only be paid by electronic transfer in one of the electronic payment systems accepted by the Store. The execution of the order begins after the Seller receives confirmation of correct operation from the payment operator.
7. If payment is not made in the form of an electronic transfer, in one of the electronic payment systems accepted by the Store immediately after placing the order and sending the Customer via the website to the website of the entity making the payment, the sales contract is considered as not concluded.
8. The delivery date of the Goods specified in the order may change depending on the possibility of its delivery by the Seller.
9. If an order is placed for more than one Good, the Seller has the right to process the order for individual Goods on different dates or with more than one shipment.
10. The Product will be released within the time specified in the order confirmation, but no later than 30 (thirty) days from the date of conclusion of the contract, and the Product will be released depending on the payment made by the Customer. The Customer will be notified of any obstacles affecting the order processing time to the e-mail address provided by him. If the Product is to be released within a period longer than 30 days, the Seller will contact the Customer to set a new delivery date.
11. Upon delivery of the Product, the benefits and burdens associated with the item and the risk of its accidental loss or damage are transferred to the Customer.
12. The Buyer is obliged to examine the condition of the shipment of Goods at the time of its acceptance - under pain of losing the rights resulting from the provisions of law.
13. In the event of a visible breach of security, damage to the packaging or a discrepancy between the number of packages and the number disclosed in the delivery document, the Buyer has the right to refuse to accept such a shipment.
14. The Buyer is obliged to take all actions necessary to determine the carrier's liability, i.e. prepare a report on the condition/receipt of the shipment, which should contain at least the following information: shipment number, date, detailed description of the condition of the shipment, indicating any security breaches or damage, deficiencies, number of packaging (packages/pallets), legible signatures of the recipient/Buyer and the driver/supplier, as well as to prepare photographic documentation - under pain of losing the rights arising from legal provisions.
15. The Buyer shall provide the status/receipt report of the damaged shipment to the Seller by e-mail to the following address: biuro@carmotion.pl no later than within 7 days from the date of acceptance or refusal to accept the shipment with the Goods - under penalty of loss of rights arising from legal provisions.
16. If the shipment is accepted, the Buyer is obliged to examine its contents, in particular the completeness of the Goods and their compliance with the delivery document, and if the Goods are found to be incomplete or inconsistent with the delivery document, they are obliged to report this fact to the Seller at the following address: biuro@ carmotion.pl no later than 7 days from the date of receipt of the shipment - under penalty of loss of rights arising from legal provisions.
17. If any discrepancies are found in the delivery, the Seller informs the Buyer about the method and date of resolving the matter, which will be resolved no later than within 30 days from the date of submitting it for processing.
18. The Buyer cannot return the shipment at the Seller's expense without prior arrangement with the Seller. The Seller instructs the carrier to collect the shipment from the Buyer or to accept the shipment by a representative or employee of the Store.
19. The Seller refuses to accept the returned Goods if the Goods show signs of use, are damaged or do not have the original packaging.
20. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
21. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer is excluded.
22. The Seller's liability towards the Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims - to the total amount of the price paid and delivery costs under the Sales Agreement. The Seller is liable only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits to the Customer.
§7
Guarantee
1. Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor.
2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty is presented on the Store's Website.
3. The warranty statement specifies the obligations of the guarantor and the Customer's rights in the event that the sold item does not have the properties specified in this statement, and also contains basic information on how to exercise the warranty rights.
§8
Refund
1. If circumstances occur that oblige the Seller to refund the amounts paid by the Customer to the Seller, the refund will be made within a maximum of 14 days. However, the Seller may withhold the refund until the Customer provides confirmation of sending the returned Product.
2. Payments made by payment card or electronic transfer are returned to the bank account from which the payment was made.
3. Refund of payments made upon delivery or if, for reasons beyond the Seller's control, it is impossible to identify the bank account from which the payment was made, the refund will be made to the bank account indicated by the Customer after being asked to send the bank account number. If this is not possible, the refund will be made by postal order.
4. The Seller is not responsible for failure to refund the amount or its delay if it was due to the Customer providing incorrect personal data (name, surname, address) or an incorrect account number.
§9
Copyright
All content posted on the Online Store website (including graphics, texts, page layouts and logos) is protected by copyright and is the exclusive property of the Seller. The use of this content without the written consent of the Seller is prohibited.
§10
Final Provisions
1. The Seller reserves the right to change these Regulations. The Seller will notify about changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations enter into force. The change in the provisions of the Regulations does not apply to Customers who placed an order during the validity period of the previous version of the Regulations. Changes to the Regulations during the duration of a continuous contractual relationship are binding on the other party if the requirements specified in Art. 384 of the Civil Code, and the party did not terminate the contract within the notice period of 14 calendar days.
2. If any of the provisions of these Regulations are found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, they shall be excluded to this extent. In other respects, the Regulations remain in force.
3. Disputes arising between the Customer and the Seller will be resolved before the court having jurisdiction over the Seller's registered office.
4. In matters not regulated in these Regulations, the provisions of Polish law, in particular the Civil Code, shall apply.
5. The Seller does not take any action to ensure that opinions and ratings regarding products come from people who have used a given product or purchased it.
6. These Regulations are valid from January 20, 2023.