Passenger
Trucks
Terms and Conditions
Online Store Terms and Conditions
I. GENERAL PROVISIONS
1. These Terms and Conditions define the general conditions of sale conducted via the Online Store and the provision of electronic services by the Seller.
2. The Customer can contact the Seller:
2.1. in writing, by sending a message to the Seller's registered address:
MASTER-SPORT AUTOMOBILTECHNIK (MS) Ltd. Branch in Poland
11 Listopada 74
38-300 Gorlice
Poland
2.2. by phone at: +48 (018) 35 35 475
2.3. by email, sending a message to: shop@autoexpress24h.com
3. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided on the website of the Store. Promotions in the Online Store cannot be combined unless the terms of a specific promotion state otherwise.
4. The Terms and Conditions are continuously available in the Online Store, in a way that allows the Customer to access, reproduce, and save its content, including printing or saving it to a durable medium.
5. Using electronic services may involve risks for each user of the internet, including the possibility of harmful software being introduced into the Client's IT system or unauthorized access and modification of their data. To minimize the risk of such threats, the Client should use appropriate technical measures, including antivirus software and a firewall.
6. The Seller informs that cookies are used in the Online Store. Detailed principles regarding cookies are specified in a separate document (hereinafter: "Cookie Policy") available on the Store's website.
7. Terms used in the Terms and Conditions mean:
7.1. Business days – days from Monday to Friday, excluding public holidays;
7.2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit that is not a legal person, to which special legal provisions grant legal capacity, entering into a Sales Agreement;
7.3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
7.4. Account – a separate part of the Online Store assigned to the Customer;
7.5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
7.6. Shopping Cart – information about the Products selected by the Customer to be included in the Order;
7.7. Newsletter – a service provided to the Customer by sending ordered commercial information to the provided email address;
7.8. Opinion – a statement from the Customer regarding the Product, Service, or performance of the Agreement;
7.9. Product – a good presented in the Online Store, with a description available next to each presented product;
7.10. Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
7.11. Regulations – these Terms and Conditions;
7.12. Online Store – the IT system used by the Seller to conduct trade and service activities, through which Products and Services are presented on the Internet and Orders are accepted, operating at the domain http://www.autoexpress24h.com;
7.13. Seller – MASTER-SPORT AUTOMOBILTECHNIK (MS) Ltd. Branch in Poland, with its registered office in Gorlice (address: 11 Listopada 74, 38-300 Gorlice, Poland), registered in the National Court Register, NIP 5262996405 / REGON 122487565;
7.14. Agreement/Sales Agreement – the sales agreement for Products presented in the Online Store in the meaning of the Civil Code, concluded between the Seller and the Customer;
7.15. Service – an electronic service provided by the Seller to Customers via the Online Store in accordance with the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
7.16. Consumer Rights Act – the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827);
7.17. Act on Providing Electronic Services – the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
7.18. Order – a declaration of the Customer's intent aimed directly at concluding a Sales Agreement.
II. RULES FOR USING THE ONLINE STORE
1. Using the Services is possible under the condition that the computer system or other device used by the Customer meets the following minimum technical requirements:
1.1. Internet access,
1.2. Email application,
1.3. The latest version of an internet browser with JavaScript and Cookies enabled,
1.4. A program for reading and saving PDF files.
2. The Customer using the Online Store is obligated to comply with the legal order, the provisions of the Terms and Conditions, and to act in a manner that respects personal rights, particularly by not providing or transmitting unlawful content, including the dissemination of unsolicited commercial information (spam) through the Online Store, as well as using the Online Store in a way that does not disrupt its functioning.
III. SERVICES
1. The services provided by the Seller through the Online Store are free of charge.
2. Each Customer has the ability to browse the Online Store's web pages and the Products and Services presented in it, as well as to place Orders. In addition, the following services are available:
2.1. Maintaining an Account in the Online Store,
2.2. Storing the Shopping Cart in the Online Store,
2.3. Newsletter,
3. The Account service is available after registration. Registration occurs by filling out and submitting the registration form available in the Online Store to the Seller.
4. To receive the Newsletter, the Customer must provide a valid email address to the Seller.
5. The Service Agreement is concluded for an indefinite period and is terminated when the Customer terminates it or uses system options that allow them to remove themselves from the Newsletter subscription list or delete their Account. In the case of the Opinion Service, the agreement is concluded for a definite period and is terminated once the Opinion is submitted.
6. The Shopping Cart Service is available to Customers with an active Account in the Online Store. The Shopping Cart Service is provided for a limited time, until the Customer places an Order for the Products saved in the Cart or removes the Products from the Cart.
7. In the event of a breach of the Terms and Conditions by the Customer, the Seller may, after a failed request to cease or remove the breach, with a specified deadline, terminate the Service Agreement with a 14-day notice period.
IV. PROCEDURE FOR CONCLUDING THE AGREEMENT
1. The information about the Products provided on the Online Store's websites, including their descriptions, technical and utility parameters, and prices, does not constitute an offer but merely an invitation to submit offers.
2. A prerequisite for placing an Order and concluding an Agreement is having an active email account and/or having an Account.
3. An Order placed via the Online Store constitutes an offer and binds the Customer from the moment the Seller confirms the receipt of the Order until the payment deadline specified therein.
4. The confirmation of receipt of the Order specifies its subject.
5. The Agreement is concluded upon the Customer's receipt of the confirmation of the Order acceptance.
6. For Customers who placed an Order via email or phone, the Seller promptly confirms the content of the future Agreement by sending an email to the provided email address containing at least the following information:
6.1. The name and address of the Customer,
6.2. The name and price of the Product,
6.3. The quantity of the Product,
6.4. The payment method and deadline,
6.5. The delivery method, deadline, and costs,
6.6. The content of the Terms and Conditions.
7. The confirmation referred to in item 6 constitutes an offer that the Seller is bound by for two Business Days from the time it is received by the Customer. If, within the specified period, the Customer sends the Seller an acceptance of the proposed Agreement's terms, the Agreement is concluded upon the Seller's receipt of the message.
8. After the Agreement is concluded and before its execution, the Seller sends the Customer an email confirming the Order, indicating at least the following details:
8.1. The parties to the Agreement,
8.2. The name, price, and quantity of the Ordered Product(s),
8.3. The payment method and deadline,
8.4. The delivery method, deadline, and costs,
8.5. The total price to be paid,
8.6. The existence and content of the Product warranty,
8.7. The Terms and Conditions along with attachments.
V. DELIVERY
1. The Seller carries out the delivery of the Products covered by the Order to the address provided by the Customer during the Order process.
2. In the case of any delivery restrictions, the Seller will clearly and visibly provide information about such limitations on the Online Store’s website.
3. The Customer can choose the following methods of delivery for the ordered Products:
3.1. By courier service – to the address,
3.2. By courier service – pickup at a point,
3.3. By postal operator,
3.4. By the Seller’s own transport.
4. The Seller informs the Customer about the Order fulfillment time and delivery fees on the Online Store’s website.
5. The Order fulfillment time is counted in Business Days. The fulfillment period begins on the day the payment is received, or if payment is made upon delivery – on the day the Agreement is concluded. The deadline referred to in the previous sentence expires on the day the Products covered by the Order are handed over to the Customer.
6. If different fulfillment periods are provided for Products covered by the Order, the longest period applies to the entire Order, in accordance with point 5 above.
7. The maximum order processing time is 10 working days.
8. The Customer receives either a receipt or an invoice along with the Product – according to the choice made during the Order process.
VI. PRICES AND PAYMENT METHODS
1. The prices of the Products displayed on the Online Store's website include all components, including VAT.
2. The Customer can choose from the following payment methods for the Order:
2.1. Bank transfer to the Seller’s account,
2.2. Transfer via an electronic payment system integrated with the Online Store,
2.3. Cash on delivery.
3. The Customer is obligated to pay for the ordered Product, including delivery costs and any additional fees specified in the Online Store, within [7 days] from placing the Order, unless cash on delivery is chosen.
VII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The Customer who is a Consumer may withdraw from the Agreement without providing a reason by submitting a relevant declaration within 14 days. To meet this deadline, it is sufficient for the Customer to send the declaration before the deadline expires.
2. The Customer may formulate the declaration independently or use the template for the withdrawal from the Agreement, which is attached to these Terms and Conditions.
3. The 14-day period is calculated from the day on which the Product was delivered, or in the case of an Agreement for the provision of Services, from the day the Agreement was concluded.
4. Upon receiving the withdrawal declaration from the Consumer, the Seller will send a confirmation of receipt of the withdrawal declaration to the Consumer's email address.
5. According to Article 38 of the Consumer Rights Act, the right to withdraw from the Agreement by the Consumer is excluded in the following cases:
5.1. Services rendered, if the Seller has fully performed the service with the Consumer's explicit consent, after the Consumer has been informed before the performance begins that after the service is completed, the right to withdraw from the Agreement will be lost;
5.2. An Agreement where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control and may occur before the withdrawal period expires;
5.3. An Agreement for the provision of a non-prefabricated Product, produced according to the Consumer’s specifications or serving to meet their individualized needs;
5.4. An Agreement for the provision of a Product that spoils quickly or has a short shelf life;
5.5. An Agreement for the provision of a Product delivered in a sealed package that cannot be returned for health or hygiene reasons if the package was opened after delivery;
5.6. An Agreement for the provision of Products which, after delivery, due to their nature, are inseparably mixed with other items;
5.7. An Agreement for the provision of alcoholic beverages, the price of which was agreed upon at the time of concluding the Sales Agreement, and whose delivery can only take place after 30 days, and whose value depends on fluctuations in the market beyond the Seller’s control;
5.8. An Agreement in which the Consumer explicitly requested the Seller to visit them for urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Products other than spare parts necessary for the repair or maintenance, the Consumer has the right to withdraw from the Agreement concerning the additional services or Products;
5.9. An Agreement for the provision of audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals, or magazines, except for subscription agreements;
5.10. An Agreement concluded by means of an auction;
5.11. An Agreement for the provision of services related to accommodation, other than for residential purposes, transport of goods, car rental, catering, leisure services, events of an entertainment, sporting, or cultural nature, if the Agreement specifies the day or period of service provision;
5.12. An Agreement for the provision of digital content not stored on a physical medium, if the performance of the service has begun with the Consumer's explicit consent before the withdrawal period expired, and after the Consumer has been informed by the Seller about the loss of the right to withdraw from the Agreement.
6. In the case of withdrawal from a distance Agreement, the Agreement is considered non-concluded. The items provided by both parties are to be returned in an unchanged condition, unless the change was necessary to determine the nature, characteristics, and functionality of the Products. The return should take place immediately, but no later than 14 days. The purchased Product should be returned to the Seller's address.
7. The Seller will promptly, but no later than 14 days from the receipt of the Consumer’s withdrawal declaration, return all payments made by the Consumer, including delivery costs.
The Seller will make the refund using the same payment method as the one used by the Consumer, unless the Consumer agrees to a different method of return, in which case this method will not involve any additional cost to the Consumer.
8. The Seller may withhold the refund until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first, unless the Seller has proposed to collect the Product from the Consumer.
9. If the Consumer has chosen a delivery method other than the cheapest regular delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
10. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear this cost.
VIII. COMPLAINTS AND WARRANTIES
1. The Seller undertakes to deliver Products to the Customer that are free from defects, in accordance with the provisions of the Civil Code.
2. The Seller is liable to the Customer, including a Customer who is a Consumer, under the warranty for defects according to the rules set out in Articles 556–576 of the Civil Code.
3. Complaints resulting from violations of the Customer's legally guaranteed rights or under these Terms and Conditions can be directed to the Seller:
3.1. MASTER-SPORT AUTOMOBILTECHNIK (MS) sp. z o.o. Branch in Poland
11 Listopada 74
38-300 Gorlice
Poland
3.2. By email, by sending a message to: shop@autoexpress24h.com
3.3. By phone, at the number: +48 (018) 35 35 475
4. The Seller undertakes to consider the complaint within 14 days.
5. If there are deficiencies in the complaint, the Seller will request the Customer to supplement it with the necessary information promptly, but no later than 7 days from the date of receiving the request.
6. Complaints regarding the use of the Store, the Services provided within it, and its functionality can be directed to the Seller in the manner specified in point 3 above, specifying in the complaint the Customer's name, address for correspondence, the type and description of the problem.
7. In the case of complaints regarding Services as mentioned in point 6 above, the Seller will consider them within 30 days.
8. The Products presented in the Online Store may come with a manufacturer's, Seller’s, or importer’s warranty. For Products under warranty, information about the existence and terms of the warranty, as well as its duration, is always presented in the Product description on the Store's website.
IX. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND CLAIMS
1. Any disputes arising from the Agreement or the provision of Services in the Online Store may be resolved through mediation or by arbitration.
2. The Customer who is a Consumer has the following options for extrajudicial methods of resolving disputes and pursuing claims:
2.1. They are entitled to submit a request to a permanent consumer arbitration court operating under the Trade Inspection to resolve a dispute arising from the concluded agreement;
2.1. They are entitled to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable resolution of the dispute between the Customer and the Seller;
2.1. They may receive free assistance in resolving a dispute between the Customer and the Seller from a county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection;
2.1. They may file a complaint via the EU online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr/.
X. PERSONAL DATA PROTECTION
1. The Seller may collect personal data provided by the Customer, including in particular the data provided during the placement of the Order and for its execution.
2. Personal data collected by the Seller are processed in accordance with the applicable law, including the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws 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).
3. The Seller makes every effort to protect the privacy of the data entrusted to him and uses appropriate physical, technical, IT, and organizational measures for this purpose.
4. 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, as well as for data archiving, and other purposes specified in these Terms and Conditions.
5. Providing personal data by Customers is voluntary. The Customer has the right to access their data, correct it, as well as request that the Seller delete it. The Seller may refuse to delete the Customer's data only if the Customer has violated the applicable law or provisions of the Terms and Conditions in the Online Store, and the retention of the Customer's personal data by the Seller is necessary to establish the Customer's responsibility and the circumstances of such a violation.
6. In order to execute the Order or provide certain Services, the Seller may entrust the Customer's personal data to other entities, including in particular:
· electronic payment operators
· banks
· delivery companies
7. Providing personal data by Customers is voluntary. The Customer has the right to access their data, correct it, as well as request that the Seller delete it. The Seller may refuse to delete the Customer's data only if the Customer has violated the applicable law or provisions of the Terms and Conditions in the Online Store, and the retention of the Customer's personal data by the Seller is necessary to establish the Customer's responsibility and the circumstances of such a violation.
XI. FINAL PROVISIONS
1. All rights to the Online Store, including intellectual property rights to the name, domain, website, and logo, belong to the Seller, and their use can only occur in a manner specified and consistent with these Terms and Conditions.
2. In all matters arising from the agreement concluded between the Seller and a Customer who is not a Consumer, Polish law will apply.
3. The resolution of any disputes between the Seller and a Customer who is not a Consumer shall be subject to the court having jurisdiction over the Seller's registered office.
4. The Seller is obligated to inform the Customer of any changes to these Terms and Conditions:
4. 1. on the main page of the Online Store, and
4. 2. by email, if the Customer has an Account or has ordered to receive commercial information.
5. The notification will include a summary of the changes and the date they will take effect, with the effective date not being shorter than 14 days from the notification date.