Terms and conditions of auto724.eu

1. The owner of the website at auto724.eu is AUTO 724 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in WARSAW, UL. KLASYKÓW 8 /20, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of the Capital City of Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000921434, NIP: 5242925336, REGON 38995697800000, share capital of 5 000,00 ZŁ.
2. The Terms and Conditions define the rules of using the Website and its functionalities, as well as the type and scope of services provided, including electronic services provided by its owner, the terms and conditions of placing orders, technical conditions, the method of concluding and terminating distance contracts, payment terms and conditions, delivery terms and conditions, and the complaint procedure.
3. You can contact the Seller by e-mail: [email protected] or by phone: +48 530 835 837.

§2 Definitions

1. Price – the value expressed in monetary units that the Customer is obliged to pay to the Seller.
2. Working day – a weekday from Monday to Friday, excluding public holidays.
3. Delivery – means the delivery of Goods to the Customer by the Seller.
4. Civil Code - Civil Code Act of April 23, 1964.
5. Customer - an entity making a Purchase of goods for its own consumption and acquiring rights to its ownership or intending to make a Purchase. A natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which the law grants legal capacity - who has concluded or intends to conclude a Contract with the Seller.
6. Consumer - a natural person performing a legal transaction with an entrepreneur not directly related to their business or professional activity (definition based on Article 221 of the Civil Code).
7. Offer - a proposal of Products available on the Website, including relevant information about the Product or Service. The offer may also include instructions for use or detailed terms of use of a given function (if available).
8. Privacy policy - a document specifying the rules for the processing of personal data, available at https://auto724.eu/privacy-policy
9. Product – any Goods or Services within the meaning of Article 2(3) of the Act on Counteracting Unfair Market Practices; the Product is subject to a fee, unless otherwise indicated.
10. Physical product – a product that can be physically shipped by post/courier or that can be collected in person.
11. Entrepreneur – a natural person, legal person, or organizational unit without legal personality, which has been granted legal capacity by a separate act, which performs business activities in its own name, and which uses the Website.
12. Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity.
13. Terms and Conditions – these Terms and Conditions of Sale, which specify the rules for using the Website, placing orders and the rules for order fulfillment by the Seller.
14. Website – the page auto724.eu, on which the Products are sold by the Seller.
15. Seller - AUTO 724 SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in WARSAW, UL. KLASYKÓW 8 /20, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of the Capital City of Warsaw, 14th Commercial Division of the National Court Register under KRS number 0000921434, NIP: 5242925336, REGON 38995697800000, share capital of 5 000,00 ZŁ.
16. Goods – the subject of the contract between the Seller and the Customer.
17. Contract – mutual arrangements between the Seller and the Customer defining mutual rights and obligations.
18. Distance contract – a contract concluded 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 moment the contract is concluded.
19. Service – any activity involving an intangible element that consists of an impact on the Customer or their property without transferring ownership rights.
20. Electronic service – a service provided electronically via the Website; a service within the meaning of Article 2(4) of the Act on the Provision of Electronic Services.
21. User – an entity using the Website.
22. Purchase – transfer of ownership to the Customer, whether for payment or free of charge.

§3 Electronic services on the Website

1. The following electronic services are available on the Website: Search engine, Product filtering
2. The aforementioned services are provided to the extent described directly on the Website.
3. The provision of Electronic Services to Customers on the Website takes place under the conditions specified in the Regulations
4. The use of Electronic Services is associated with the transmission of data via the Internet, which is subject to the risks inherent in the Internet.
5. It is prohibited to transmit unlawful and illegal content, including in particular material promoting terrorism, depicting child sexual abuse, promoting racism and xenophobia, as well as violating intellectual property rights. For more information on prohibited content, see the paragraph “Restrictions on content – illegal content and content that violates the Terms and Conditions, reporting illegal content, point of contact” in these Terms and Conditions.

§4 Contract conclusion rules

1. The Terms and Conditions and the Offer define the rules of cooperation and the conditions for the execution of the contract.
2. The Terms and Conditions are made available to the Customer free of charge at the very bottom of the Website. The Customer may save the Terms and Conditions by downloading, saving on a data carrier or printing them out at any time from the Website.
3. The Customer may not place an Order using incorrect personal data, anonymously or under a pseudonym.
4. The Terms and Conditions and the Offer do not limit or exclude the rights of a Customer who is a Consumer or an Entrepreneur with consumer rights arising from mandatory legal regulations.
5. In case of discrepancies between the content of the Terms and Conditions and the Offer, the Offer shall be binding.
6. The contract is concluded when you click on the button that clearly indicates your willingness to purchase with obligation to pay or when you explicitly confirm your willingness to place an order electronically.
7. The receipt of the order will be confirmed electronically. The contract is concluded upon receipt of the order confirmation / shipping confirmation in a separate message.
8. The customer is prohibited from providing illegal content and is obliged to use the Website in accordance with applicable law, the Terms and Conditions and good manners, taking into account personal rights and intellectual property rights, in particular copyrights of the Seller or third parties, and in a manner that does not disrupt the functioning of the Website.

§5 Price

1. The price is a gross price and includes all taxes required by law, unless the Seller has clearly stated otherwise in the Offer.
2. The Seller informs that it is a VAT payer.
3. The price does not include information on delivery costs or other costs that the Customer is obliged to bear, and about which the Customer will be informed before placing an order.
4. The reduced price is the price applicable after the Product has been reduced in price.
5. The lowest price is the lowest price for the Product that was valid in the period of 30 days before the introduction of the reduction, and in the case of a product offered for sale in a period shorter than 30 days - the lowest price is the lowest price valid in the period from the day the Product was offered to the day the reduction was introduced.
6. The Seller reserves the right to change the prices of Products and to conduct and cancel promotional campaigns. Any changes to the prices of Products shall be effective from the moment they are posted on the Website and shall not affect already concluded Contracts. Promotions carried out by the Seller cannot be combined, unless the terms and conditions of a given promotion state otherwise. Detailed information is always included in the terms and conditions or regulations of a given promotion.

§6 Rules of cooperation and placing orders on the Website

1. The customer can use the Website 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next working day. The seller reserves the right to temporarily disable the Website for technical reasons.
2. The seller uses the services of external payment operators to offer online payments.
3. The customer can choose the following forms of payment for the ordered Products:
   • on delivery at the Seller's premises or at a place indicated by the Seller
   • cash on delivery to the courier
   • by bank transfer – payable directly to the Seller's account, after prior contact with the Seller. In the case of payment by bank transfer, the product will be sent after the transfer has been received and posted on the Seller's bank account
   • electronic transfer – via: Przelewy24, PayPal, Klarna, card payment. In order to make the payment, the Customer will be transferred to the website according to the rules indicated by this website
4. The customer is obliged to make the payment immediately after placing the order, unless otherwise stated in the Offer or the payment method chosen by the customer.
5. In order to purchase Products through the Website, the following steps must be taken:
   • select the Product(s) you wish to purchase from the options available on the website by clicking on the “add to cart” or similar button;
   • after selecting the Products, provide the required information (e.g. customer details, payment method, delivery method);
   • read the information about the total price for the selected Products, including delivery and other additional costs resulting from the order placed;
   • accept the Terms and Conditions and the order, as well as make the payment for the order in accordance with the selected payment method. After placing the order, the Seller will send an order confirmation to the e-mail address provided.
   • After the conclusion of the Contract, the Seller shall also send the terms and conditions to the Customer, unless they have been provided prior to the conclusion of the Contract.
   • The Seller has the right to cancel the order if the Customer fills in the order form in a way that prevents its correct processing, despite the Customer being asked to complete/correct the data under pain of cancellation of the order or failure to make payment by the Customer within 4 days from the moment of placing the order.
   • The seller reserves the right to refuse or cancel an order if it has been placed using: software, a robot, a crawler, a spider or any automated system or script-based behavior or any third-party services used to place the order on the user's behalf.

§7 Physical product - order fulfillment

1. If one or more items are no longer available, the customer will be informed by e-mail that the purchase contract for the items listed in the e-mail could not be concluded.
2. The product ordered by the Customer will be shipped after the Customer pays the full price including delivery costs.
3. Orders are fulfilled throughout Poland. Where a delivery date is given in working days, this should be understood to mean all days from Monday to Friday inclusive, except public holidays.
4. The order is being processed outside of Poland, provided that the delivery methods allow for a shipment to the respective country.
5. The ordered Goods will be shipped within 14 days at the latest, unless otherwise specified in the Offer.

§8 Technical conditions

1. The Customer may use the Website in accordance with the applicable laws and the Terms and Conditions.
2. The Seller declares that the public nature of the Internet and the use of electronically provided services may involve a risk of unauthorized persons obtaining and modifying Customer data, therefore Customers should apply appropriate technical measures to minimize the aforementioned risks.
3. In order to use the Website or place an order, the Customer must have:
   • an up-to-date version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
   • an active e-mail account.
4. If additional technical requirements need to be met in order to use the Website or the Products, the Customer will be informed of this before using the Website or placing an order for a Product.

§9 Complaints

1. The Seller shall be liable for the conformity of the item with the sales contract under the terms of Article 43a et seq. of the Consumer Rights Act.
2. This chapter defines the rules of liability for the conformity of performance with the Contract obliging the transfer of ownership of the Goods to the Consumer and the Entrepreneur with consumer rights with regard to contracts concluded from January 1, 2023.
3. The provisions of Section XI of Book Three, Title II of the Act of April 23, 1964 - Civil Code, shall not apply to contracts obliging the transfer of ownership of goods, including in particular sales contracts, delivery contracts and contracts for work that is a commodity, but only the Act on Consumer Rights. Detailed information regarding the aforementioned rules can be found in the Consumer Rights Act, and these Terms and Conditions are not intended to limit or change them.
4. If the Goods are not in conformity with the contract, the Customer may request that they be repaired or replaced, or in the cases specified in the Consumer Rights Act, the Customer may also withdraw from the contract.
5. The Seller may make an exchange when the Customer requests a repair, or the Seller may make a repair when the Customer requests an exchange, if it is impossible to bring the goods into conformity with the contract in the manner chosen by the Customer or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods into conformity with the contract. If the Goods are not in conformity with the contract, the Customer may make a statement about a price reduction or withdrawal from the contract when:
6. The Seller has refused to bring the Goods into conformity with the contract or has failed to bring the Goods into conformity with the contract
7. the lack of conformity of the Goods with the contract persists despite the Seller's attempts to bring the Goods into conformity with the contract;
8. the lack of conformity of the Goods with the contract is so significant that it justifies an immediate reduction in the price or withdrawal from the contract;
9. it is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Customer.
10. The Customer may not withdraw from the contract if the lack of conformity of the Goods is insignificant.
11. In the event of withdrawal from the contract, the Customer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall reimburse the Customer for the Price together with the original delivery costs (up to the amount of the cheapest standard delivery method offered by the Seller) immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
12. The Customer may submit a complaint regarding the non-compliance of the Goods with the contract by sending it to the Seller's address indicated in the Regulations (correspondence or e-mail address). The complaint should include data enabling identification of the Customer, the subject of the complaint and the requests related to the complaint.
13. In the event of receiving an incomplete complaint that prevents its consideration, the Seller shall call on the Customer to supplement it under pain of leaving the complaint unprocessed. The Customer may submit a complaint using the template constituting Appendix 2 to these Regulations.
14. All complaints shall be resolved immediately, no later than within 14 days from the date of filing the complaint. The complainant shall receive a response in the form of an e-mail sent to the e-mail address from which the complaint was sent.
15. Any deficiencies in the complaint will be communicated to the Customer immediately, and information on how to remedy the deficiencies in the complaint will be sent with the notification.
16. The provisions of this chapter do not apply to Goods that serve exclusively as a carrier of digital content.
17. The provisions of this Chapter concerning the Consumer shall also apply mutatis mutandis to contracts concluded by an Individual Entrepreneur.

§10 Warranty

1. In addition to the rights arising from the warranty, some Goods may be covered by a guarantee. In this case, the guarantee information will be specified, among others, in the Offer or in a separate document in accordance with the principles provided for in the Consumer Rights Act.

§11 Withdrawal from the contract

1. This chapter defines the rules for withdrawal from the contract by the Consumer and the Entrepreneur acting as a consumer.
2. A Customer who is a Consumer or an Entrepreneur acting as a consumer has the right to withdraw from the contract within 14 days, subject to the provisions below. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller of this by means of an unambiguous statement, e.g. by sending an e-mail or letter to the address indicated in the Regulations. A sample withdrawal form can be found in Appendix 1 to the Regulations.
3. The right to withdraw from the contract does not apply to certain contracts, which the Customer will be informed of before placing the Order.
4. The Customer referred to in paragraph 2 shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

§12 Returns – effects of withdrawal from the contract

1. In the event of withdrawal from the contract by the Customer, the Seller is obliged to immediately, but no later than within fourteen days from the date of receipt of the notification of withdrawal from the contract, refund to the Customer all payments received from the Customer, including delivery costs (with the exception of additional costs that may result from the customer choosing a different delivery method than the cheapest regular delivery method offered by the seller).
2. Return address: UL. DROZDA 3, 05-101, SKIERDY, POLAND
3. The same payment method used by the Customer during the original transaction will be used for the refund, unless another payment method is explicitly agreed with the Customer.
4. The Seller reserves the right to refuse to refund the payment received from the Customer until the product is returned or until the Customer provides proof that the product has been sent, whichever occurs first.
5. The Customer is obliged to send the product back to the Seller or hand it over immediately, but no later than fourteen days from the date on which they informed about the withdrawal from the contract. The deadline is considered met if the product is sent before the fourteen days have passed.
6. The Seller shall reimburse the Customer for the cost of delivering the Product up to the amount of the cheapest standard delivery method offered in the Shop. The Seller is not obliged to reimburse the difference in delivery costs.
7. The Seller shall not bear the costs of return shipment in the event of withdrawal from the contract within 14 days.

§13 Image

1. The customer is aware that their image, which they make available in the course of their cooperation with the seller, may be processed by the seller, including being recorded and distributed for educational and archiving purposes and for purposes related to the fulfillment of the contract.
2. By activating the camera during online transmissions (webinars/online meetings) or by making their image available to the Seller in any other way, the Customer agrees to the Seller recording, use and distribution of his/her image by the Seller in the form of photos/recordings from the online transmission/course of cooperation for the purposes indicated in paragraph 1. Processing of the Customer's image for marketing and promotional purposes requires separate consent.
3. The image referred to above may be used for various types of electronic processing, cropping and composition, as well as combined with images of other persons participating in the online transmission, while the video and sound recording with his/her participation may be cut, edited, modified, added to other materials created as part of the Seller's activity. The consent covers all forms of publication.
4. The Customer may not record, use or distribute the image of other participants/presenters without the prior consent of the aforementioned persons.

§14 Copyright and licenses

1. All materials provided by the Seller, including Products, photos, texts, graphics, multimedia and trademarks, are works within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
2. The copyright to the aforementioned materials is held by the Seller or another entity from which the Seller has obtained an appropriate license. The materials may also be used by the Seller on the basis of another legal basis.
3. All materials provided by the seller may only be used by the customer for personal use, unless otherwise stated in the offer. Any further distribution, sharing, copying or downloading of the materials beyond the scope of the permitted use is not permitted.
4. The seller grants the customer a non-exclusive license, without the right to sublicense and without territorial restrictions. Time restrictions are based on the offer or these terms and conditions. The license fee is included in the price.
5. The customer has the right to use the materials in the following fields of use:
   • fixation and reproduction of the work - production of copies of the work by a specific technique, including printing, reprography, magnetic recording and digital techniques for personal use
   • distribution of the original of the Physical Product - marketing, lending or renting out the original,
   • distributing the work in a manner other than that specified in point b - public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work publicly available in such a way that anyone can have access to it in a place and at a time of their choosing.
6. In the event of a breach of the prohibition referred to in this paragraph, including copyright infringement, the Seller shall have the right to claim damages and compensation from the Customer. The Customer may be held civilly or criminally liable in the aforementioned scope.
7. The seller has the right to periodically update the products.
8. The regulations of the Republic of Poland apply to these terms and conditions.

§15 Final provisions

1. During the duration of force majeure, the Parties to the contract shall be exempt from any liability for its non-performance or improper performance, provided that the circumstances of the occurrence of force majeure constitute an obstacle to the performance of the contract. The above shall also apply in the period immediately preceding or following the occurrence of force majeure, provided that the effect of force majeure during the aforementioned period prevents the fulfillment of the contract.
2. “Force majeure” shall mean a sudden or natural event beyond the control and action of the Parties, which could not have been foreseen and prevented, in particular events such as: flood, war, act of terror, declaration of a state of emergency.
3. If the Client is from a country other than the Seller's country, they should inform the Seller and provide their place of residence/registered office so that they can pay taxes in accordance with the applicable regulations.
4. When using the Products, it is prohibited to act in a manner contrary to the law, morality or violating the personal rights of third parties, and to provide information of an unlawful nature.
5. Amicable settlement of disputes and complaints. The consumer has the option of contacting:
   • a permanent consumer arbitration court with a request to settle a dispute arising from the concluded contract;
   • a provincial inspector of the Trade Inspection Office with a request to initiate mediation proceedings to amicably settle a dispute between the Customer and the Seller;
   • the district (municipal) consumer rights ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain assistance in the case of a contract;
   • or has the right to use the ODR platform. The platform is used to settle disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
6. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, including in particular due to changes in the law to the extent that these changes also force the Seller to change the content of these Terms and Conditions, in particular changes to the provisions of the Civil Code, the Act on Consumer Rights, the Act on the Provision of Electronic Services, as well as by virtue of applicable decisions of the Office of Competition and Consumer Protection (UOKIK), the Office of Personal Data Protection (PUODO) or court rulings to the extent corresponding to the issued decisions/rulings and in the event of a significant change in business factors, provided that there is a cause-and-effect relationship between the aforementioned change and the change in the costs of the services provided by the Seller.
7. The applicable law is Polish law, subject to paragraph 9.
8. The competent court is a Polish court, subject to paragraph 9.
9. In the case of a Client who is a consumer, the provisions of the Terms and Conditions do not deprive the consumer of the protection granted by the laws of the country of their habitual residence, which cannot be excluded by contract. In the event that the regulations in force in the consumer's country are more favorable to the consumer and these regulations cannot be excluded by contract, they shall apply to the contract concluded between the Customer and the Seller.
10. The rules regarding the processing of personal data are regulated in the Privacy Policy.
11. The Terms and Conditions shall enter into force on 2025-03-12.

§16 Other provisions regarding entrepreneurs

1. The provisions of this paragraph shall apply to Entrepreneurs who are not Entrepreneurs with consumer rights.
2. The court competent to settle disputes arising between the Seller and the Entrepreneur who is not a Consumer Entrepreneur is the court competent for the Seller's registered office, excluding Article 46(2) of the Code of Civil Procedure Act.
3. The seller has the right to terminate the contract with immediate effect for a company that is not a company with consumer rights. For this purpose, the seller sends the company a statement of termination of the contract to the e-mail or correspondence address. The company waives any claims in this regard.
4. The seller is not liable for lost profits in relation to a contractor who is not a contractor acting as a consumer.
5. All liability under warranty for physical and legal defects of the sold item is excluded for entrepreneurs who are not entrepreneurs with consumer rights. Entrepreneurs who are not entrepreneurs with consumer rights are obliged to check the goods upon receipt and to make any comments directly upon delivery.
6. Entrepreneurs who are not Consumers do not have the right to withdraw from the contract.
7. The provisions of these terms and conditions regarding returns and complaints do not apply to the Entrepreneur.
8. The Seller's liability towards an Entrepreneur who is not an Entrepreneur with consumer rights is limited to twice the Seller's remuneration for the performed Contract, unless the damage was caused intentionally.

Appendix 1.

WITHDRAWAL FORM

Below is a withdrawal form from which the Consumer may or may not use.

Appendix 2.

COMPLAINT FORM

Fill in the form if you want to file a complaint regarding the non-compliance of the Product with the Contract.

Appendix 3.

REPORTING ILLEGAL CONTENT

Fill in the form if you want to report illegal content, content violating the terms of service or harmful content published via the auto724.eu platform, including in particular: content promoting terrorism, depicting child sexual abuse, promoting racism and xenophobia, violating intellectual property rights, cyberstalking, selling counterfeit or substandard products, violating consumer protection laws, unlawfully using copyrighted material, illegally offering accommodation services and illegally selling live animals.