Description of contents
I. Definitions
II. General provisions
III. Rules of using the Online Store
IV. Procedure for concluding a Sales Agreement
V. Delivery
VI. Prices and payment methods
VII. Right of withdrawal from the contract
VIII. Complaints regarding the Goods
IX. Warranty when selling Goods in the Store
X. Additional warranty when selling Goods in the Store
XI.Complaints in the provision of electronic services
XII. Out-of-court ways of dealing with complaints and claims.
XIII. Final provisions
I. Definitions
The terms used in the Regulations shall mean:
1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;
2. Consumer - in accordance with Article 221 of the Civil Code means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
3. Civil Code - the Act of April 23, 1964 (consolidated text: Journal of Laws of 2017, item 459 as amended);
4. Regulations - these Regulations defining the general conditions of sale and the rules for the provision of services by electronic means within the framework of the online store Car Parts Citroen Peugeot Renault Dacia;
5. Online Store (Store) - Internet service available at auxto.com, through which the Customer may, in particular, place Orders;
6. Goods - the products presented in the Online Store;
7. Agreement of sale - agreement for the sale of Goods within the meaning of the Civil Code, concluded between EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., Al. Gen. Władysława Andersa 43, 43-300, Bielsko-Biała, NIP: 9372219834, REGON: 072195068 and the Customer, concluded using the Internet service of the Store;
8. Consumer Rights Act - the Act of May 30, 2014 on consumer rights (consolidated text: Journal of Laws of 2017, item 683 as amended);
9. The Law on Provision of Electronic Services - the Law of July 18, 2002 on Provision of Electronic Services (consolidated text: Journal of Laws of 2017, item 1219 as amended);
10. order - a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
11. Seller - EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., Al. Gen. Władysława Andersa 43, 43-300, Bielsko-Biała, NIP: 9372219834, REGON: 072195068.
12. Operator - Websrocks LLC, 810 Pony Express Rd, Cheyenne WY 82009.
II. General provisions
1. These Regulations set out the rules for the use of the online store available at auxto.com.
2. These Regulations are the regulations referred to in Article 8 of the Electronic Services Act.
3. The operator of the online store, operating at auxto.com is by Websrocks LLC, 810 Pony Express Rd, Cheyenne WY 82009. The exclusive supplier of products and exclusive contractual partner in the purchase is the company EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K.
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4. These Regulations define in particular:
- rules for registration and use of an account within the online store;
- terms and conditions for placing electronic Orders within the online store;
- rules for concluding Sales Agreements using the services provided within the Online Store.
5. The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: Internet Explorer version 8.0 or later with JavaScript and Cookies enabled or Mozilla Firefox version 3.0 or later with JavaScript and Cookies enabled, Google Chrome version 10 or later with JavaScript and Cookies enabled,
6. In order to use the online store, the Customer shall, on his own, access a computer workstation or terminal device, with Internet access.
7. In accordance with applicable laws, Auxto reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age. In such case, potential customers will be notified of the above.
8. Customers may access these Terms and Conditions at any time through the link provided on the auxto.co.uk home page, and may download and take a printout of them.
III. Rules of using the Online Store
1. Registration within the Internet Store is optional. A customer may place an order without registering with the Store after reviewing and accepting these Terms and Conditions.
Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.
Registration is conditional on agreeing to the Terms and Conditions and providing personal information marked as mandatory.
Auxto may deprive the Customer of the right to use the Online Store, as well as may restrict the Customer's access to part or all of the Online Store's resources, with immediate effect, if the Customer violates the Terms and Conditions, and in particular if the Customer:
- provided during registration in the Online Store data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
- has committed through the online store a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store,
- commits any other behavior that is deemed by Auxto to be in violation of applicable laws or general rules of Internet use or detrimental to the good name of Auxto.
A person who has been deprived of the right to use the online store may not register again without the prior consent of Car Parts Citroen Peugeot Renault Dacia.
2. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
3 In particular, the Customer shall:
- use the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
- not to provide or transmit content prohibited by law, such as content that promotes violence, defamatory or violating personal rights and other rights of third parties,
- use the Online Store in a manner that does not interfere with its operation, in particular by using certain software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
- use the Online Store in a manner that is not burdensome to other customers and to Car Parts Citroen Peugeot Renault Dacia,
- use of any content posted within the Online Store only for your own personal use.
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IV. Procedure for conclusion of the Sales Agreement
1. In order to conclude a Sales Contract through the Online Store, one should visit the auxto.com website and make a selection of Goods by taking subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
2. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.
3. In the course of placing an Order - until pressing the button confirming the placement of the Order - the Customer has the possibility of modifying the entered data and the selected Goods. In order to do so, follow the messages displayed to the Customer and the information available on the site.
4. After the Customer using the Online Store has provided all the necessary data, a summary of the Order placed will be displayed. The summary of the submitted Order will include, among other things, a description of the selected goods or services, the total price and all other costs.
5. In order to send the Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button confirming the placement of the Order.
6. The information about the Goods provided on the Store's website constitutes an offer, within the meaning of Article 66 of the Civil Code. The Customer's sending of the Order constitutes a statement of intent to conclude a Contract of Sale with the Seller, in accordance with the content of the Regulations. The contract is considered concluded at the moment the Customer's Order is entered into the computer system of the Online Store, provided that the Order complies with the Regulations. After concluding the contract, the Customer receives an e-mail message containing confirmation of all significant elements of the Order.
7. The contract of sale is concluded in Polish, French, with the content in accordance with the Regulations.
8. Customers may access these Terms and Conditions at any time through the link provided on the auxto.com home page and may download and take a printout.
Consolidation, security and access to the order data and General Terms and Conditions (Terms and Conditions of Sale) shall be made via e-mail. You can see your previous orders within your account, after logging in.
V. Delivery
1. Delivery of the Goods is limited to Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Croatia, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Portugal, the Czech Republic, the Republic of Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and shall be made to the address indicated by the Customer when placing the Order.
2. Delivery of the ordered Goods shall be made via:
- Courier company
- Parcel Post
It is possible to pick up the ordered goods in person: EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., Gen. W. Andersa Avenue 43, 43-300 Bielsko-Biała, Poland, entrance through Circle K gas station.
Delivery costs have been indicated at: https://auxto.com/legal-info/payment-delivery.html. In addition, delivery costs will be indicated at the time of placing the Order.
3. The delivery date has been indicated at: https://auxto.com/legal-info/payment-delivery.html and is calculated from the day the Customer sends the Order.
4. Damage to the Goods caused during delivery.
In case of consumer distance purchase, our Store always bears the risk of accidental damage or loss of goods in transit. If the Goods are delivered with obvious damage caused during transportation, we kindly request you to report such defect to the delivery agent as soon as possible and contact us. Delay in reporting such a complaint or making contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (Section VIII of the Terms and Conditions). Faster reporting of noticed damage, caused during transport, is an aid to us in asserting our own claims against the carrier or transport insurer.
VI. Prices and payment methods
1. The prices of the Goods are quoted in Polish zloty and include all components, including VAT, customs duties and any other components.
2. The customer has the option to pay the price:
- cash on delivery
- payment via PayPal
- instant bank transfer
- Payment card
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
The payment card is charged when the order is placed in the store.
If there is a need for a refund for a customer's payment card transaction, the seller will make the refund to the bank account assigned to the customer's payment card.
VII. Right of withdrawal from the contract
Applies to a customer who is a Consumer:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item.
To exercise your right of withdrawal, you must inform the Seller (EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., 43 Gen. W. Andersa Avenue, 43-300 Bielsko-Biala, sklep@eurofrance.pl, Phone: 334885074) about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail). You may use the model withdrawal form, but it is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal from the contract
In case of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from the delivery method chosen by you other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed to a different method of reimbursement. You will not incur any fees in connection with the return of the payment amount. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the item to us at the address EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., Al.Gen.W.Andersa 43, 43-300 Bielsko-Biała, immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this agreement. The deadline is met if you send the thing back before the expiry of the 14-day period. If you have chosen a method of delivery of the item other than the cheapest ordinary means of delivery offered by us, we are not obliged to reimburse you for the additional costs incurred by you. We will only refund the cheapest ordinary way of delivering the item offered by us. You will only bear the direct costs of returning the item. If the thing was delivered to you to the place where you resided at the time of the conclusion of the contract, we are obliged to collect the thing at our expense when, due to the nature of the thing, it cannot be sent back in the usual way by mail (in accordance with Articles 33 and 34 paragraphs 2 and 3 of the Act of May 30, 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683, as amended).
Model form of withdrawal from the contract
(this form should be completed and sent back only if you wish to withdraw from the contract).
- Addressee EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., al. Gen. W. Andersa 43, 43-300 Bielsko-Biała , sklep@eurofrance.pl , Phone: 334885074
- I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following items(*) the contract of delivery of the following items(*) the contract of work consisting in the performance of the following items(*)/the provision of the following service(*).
- Date of conclusion of the contract(*)/receipt(*).
- Name of the consumer(s).
- Address of the consumer(s).
- Signature of the consumer(s) (only if the form is sent on paper)
- Date
(*) Delete unnecessary.
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VIII. Complaints regarding the Goods
Applies to a Customer who is a Consumer:
We are obliged to deliver goods free of defects. The statutory right of liability for defects of the goods sold (warranty for defects) to the extent set forth in Articles 556 and Articles 5561-5563 et seq. of the Civil Code shall apply.
Complaints may be filed:
- in writing to the address: EUROFRANCE Marcin Bednarczyk I Konrad Kruczek Sp.K., 43 Gen. W. Andersa Avenue, 43-300 Bielsko-Biała
- via e-mail to: sklep@eurofrance.pl.
In the case of exercising warranty rights - if we consider it necessary to consider the complaint, you are obliged to deliver the defective goods at our expense to the postal address indicated above. If, due to the nature of the goods or the way they are installed, delivery of the goods would be unduly difficult, you are obliged to make the goods available to us at the place where they are located. We undertake to respond to the complaint immediately, but no later than within 14 days from the date of its submission.
We will be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the goods to you. If the object of sale is a used movable item, warranty liability is one year from the date of delivery.
In the filed complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specify the demand for the manner of removal of the defect (replacement of the goods with a new one, repair of the goods, reduction of the price, withdrawal from the contract - if the defect is significant); and (3) provide contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Store. The recommendations specified in the preceding sentence are only in the form of non-binding guidelines and in no way affect the effectiveness of complaints made without providing the recommended information.
Applies to a Customer who is not also a Consumer:
In the case of a Sales Contract concluded with a Customer who is not also a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Store's liability under warranty for defects in the Goods is excluded. This exclusion is ineffective in the case of deceitful passing off of the defect by us
IX. Warranty in the sale of Goods in the Store
Auxto is not the manufacturer of the Goods, however, all Goods available in the Store are covered by the Seller's warranty. The Seller shall be liable under the warranty of the Goods sold under the terms and for the period indicated in the warranty card attached to the Goods.
The manufacturer may bear independent liability under the warranty of the sold Goods on the terms and for the period indicated in the warranty card issued by the manufacturer. If the manufacturer's warranty document provides for such a possibility, the Customer may also submit its claims under the warranty directly to the authorized service center, the address of which is listed in the warranty card.
All Goods available in the Store are independently covered by the Seller's liability under statutory warranty provisions for defects. The warranty does not exclude, limit or suspend the Customer's rights under the statutory warranty provisions for defects in the goods sold. The above two sentences do not apply to the contract of sale concluded with the Customer who is not also a Consumer, based on Article 558 § 1 of the Civil Code, the liability of the Online Shop under the warranty for defects of the Goods is excluded.
X. Additional warranty for the sale of Goods in the Store
Notwithstanding the aforementioned warranty provided for in item IX of the Terms and Conditions (under the terms and conditions provided by the Goods Manufacturer), the Seller shall provide the Customer with a warranty for all Goods sold by the Seller, ensure the smooth operation of the Goods offered, provided that they are used in accordance with their intended use and operating conditions specified in the documentation prepared by the Goods Manufacturer.
Guarantee claims against the Seller may be made only by Customers who purchased the Goods directly from the Seller.
The Seller shall provide the Customer with a warranty period of 6 (six) months, which shall be calculated from the date of sale of the Goods.
The Vendor shall provide the Customer with a warranty for the period indicated above, based on the receipt or VAT invoice confirming the sale of the Goods.
During the warranty period, the Seller shall be obliged to provide replacement parts of the Goods free of charge or repair the defective Goods. In the event that the Seller determines that repair of the Goods is not possible or the cost of repairing the Goods is significantly high in relation to the current price of new Goods, the Seller undertakes to replace the Goods with defect-free Goods.
By virtue of the guarantee, the Client or third parties shall not be entitled to a claim against the Seller for compensation for any damage caused by the failure of the Goods. Under this warranty, the Seller shall only be obligated to provide replacement parts or repair or replace the Goods with defect-free Goods in accordance with the terms of this warranty.
The Seller shall be liable to the Customer only for physical defects arising from causes inherent in the Goods sold. The warranty does not cover defects arising from other causes, and in particular those arising from: any damage occurring after mounting/installation of the Goods; mechanical damage, thermal damage, chemical damage, flooding, excessive soiling; mounting and use of the Goods contrary to their intended use as specified in the documentation attached by the Manufacturer of the Goods; use of the Goods contrary to their properties and intended use; improper installation and maintenance of the Merchandise; damage to the Merchandise resulting from the use of non-original or inconsistent with the Manufacturer's recommendations parts, accessories and materials; damage resulting from atmospheric effects, electromagnetic interference, force majeure; malfunction of other installations and/or devices affecting the operation of the Merchandise,
The warranty does not cover parts subject to normal, natural wear and tear, as well as parts and consumables such as filters, light bulbs, fuses, belts, lubricants, oils.
The Customer shall forfeit warranty rights to the Goods if the following is found: any modification of the Goods by the Customer or third parties; any independent interference with the Goods by the Customer or third parties; any attempt to repair the Goods by the Customer or third parties; failure to comply with the obligation to perform periodic maintenance inspections of the Goods, if required by the Manufacturer. Determination by the Seller of the occurrence of the reason specified above, shall be the basis for non-recognition of the warranty complaint of the Goods. In the case of non-recognition of a warranty complaint, the Goods complained of will be returned to the complaining Customer upon his written request, provided that the Customer has first covered the shipping costs of the Goods "from" the Seller's premises. Failure to collect the Goods, mentioned sentence above, after a period of 60 days will be automatically disposed of.
The basis for accepting a warranty claim for processing is the fulfillment of the following conditions together:
1) a written or e-mail notification of a warranty claim by the Customer containing: the name of the Goods, the date of purchase, a detailed description of the defect or damage, together with additional information on the origin of the defect or damage to the Goods, photographs of the defective or damaged Goods; 2) the attachment of an invoice or receipt for the purchase of the Goods claimed; 3) delivery of the Goods by mail or courier to the Seller's registered office.
Defects or damages to the Goods disclosed during the warranty period should be reported to the Seller immediately, but within a maximum of 3 days from the date of their disclosure.
The Seller agrees to perform the warranty service within 30 days calculated from the date of receipt of the warranty claim and delivery of the Goods to the Seller's premises.
The warranty service under the guarantee is preceded by a visual inspection of the resulting defect or damage to the Goods. The visual inspection is aimed at determining the type and cause of the defect or damage and qualifying whether the possible repair or replacement of the Goods is covered by this warranty. The visual inspection shall be performed by the Seller himself only at the Seller's premises.
Acknowledgment of the Customer's warranty claims shall be equivalent to repair of the Goods or replacement of the Goods with defect-free Goods and refund of shipping costs incurred by the Customer.
The risk of packaging and delivery of the Goods to the Seller's premises shall be borne by the Customer, the Seller shall not bear any liability on this account. The Seller shall not be liable for damage or destruction of the Goods during transport to the Seller's premises, primarily resulting from improper packaging or protection of the Goods by the Customer.
The Seller alone decides on the legitimacy of the warranty claim and on the choice of the method of realization of recognized warranty claims.
All replaced defective Goods shall become the property of the Seller.
In the event that the Seller determines that the Goods are in good working order or that the resulting defect or damage to the Goods is not covered by this warranty, the Seller shall have the right to charge the Customer for the costs of inspecting the Goods, conducting an expert examination (opinion) of the Goods, and all additional costs incurred in connection with the warranty procedure.
On the basis of Article 558 § 1 of the Civil Code, the Seller's liability under warranty for defects in the Goods is excluded. This exclusion does not apply to Customers who are Consumers within the meaning of the Civil Code.
In matters not regulated by these Regulations, the provisions of the Civil Code shall apply.
XI. Complaints regarding the provision of services by electronic means
1. The Operator shall take steps to ensure fully correct operation of the Online Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Customers.
2. The Customer may notify us of any irregularities or interruptions in the functioning of the Online Store service. Please report irregularities related to the functioning of the Store by e-mail to: shop@auxto.com
3. In a complaint regarding irregularities related to the functioning of the Online Store service, please indicate the type and date of irregularities.
4. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission.
XII. Out-of-court means of handling complaints and claims.
1. We would like to inform you that there are possibilities of using out-of-court ways of dealing with complaints and claims. The use of them is voluntary and can only take place if both parties to the dispute agree to it.
- A consumer may request the initiation of proceedings for out-of-court resolution of consumer disputes concerning the concluded Sales Agreement to the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (consolidated text : Journal of Laws of 2017, item 1063 as amended).
- A consumer may also request that a dispute regarding a concluded Sales Agreement be reviewed by a permanent court of arbitration operating at the appropriate provincial inspectorate of the Commercial Inspection, in accordance with Article 37 of the Act of December 15, 2000 on Commercial Inspection (unified text : Journal of Laws of 2017, item 1063 as amended).
- The European Commission also provides a platform for online dispute resolution between Consumers and Businesses (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use out-of-court procedures for handling complaints, pursuing claims and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at: https://uokik.gov.pl/spory_konsumenckie.php.
3 We inform you that we undertake to use out-of-court resolution of disputes with Consumers within the meaning of the provisions of the Act of September 23, 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). The entity authorized to resolve disputes between the Seller and the Consumer out of court is: Provincial Inspectorate of Commercial Inspection in Katowice available at: http://www.katowice.wiih.gov.pl/index.php?c=page&id=61. The Consumer may apply to this entity to initiate proceedings for out-of-court resolution of consumer disputes.
XIII. Final provisions
1. The competent court for the settlement of disputes with Consumers shall be the court of local jurisdiction according to the applicable provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over our registered office.
3. In matters not regulated by these Regulations, the provisions of the applicable law shall apply, in particular the provisions of the Act of April 23, 1964 Civil Code (consolidated text: Journal of Laws of 2017, item 459 as amended) and the Act of May 30, 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683 as amended). In the event of any contradiction of these Regulations with the rights of Customers and provisions arising from universally applicable regulations, the universally applicable provisions of Polish law shall apply.
