REGULATIONS OF ONLINE STORE

 

The present Regulations define the general terms, conditions and manner of sales executed by the MVS, established in Gołkowice Górne, through the online store www.mvs.auto.pl (hereinafter referred to as "Online Store") and define the principles and conditions of free services supplied electronically by MVS established in Gołkowice Górne

§ 1 Definitions

 

Working days - mean weekdays from Monday to Friday, excluding statutory holidays.

 

Supply - means the physical act consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.

 

a)

Mail delivery service;

 

b)

Buyer’s own-account transport

 

Password - means a string of letters, digits or others, selected by the Customer during registration at the Online Shop, used to secure access to the Customer Account in the Online Shop.

 

Customer - means the entity on whose behalf, in accordance with the Regulation and laws, services can be provided electronically or a sales agreement may be concluded.

 

Consumer - means any natural person performing a legal act with the businessman, not directly related to their business or professional activity.

 

Customer Account – means an individual panel for each customer, launched on his behalf by the Seller, after the Customer Registration and conclusion of the agreement in order to provide services of keeping the Customer Account.

 

Login - means the individual designation of the customer which he established himself, consisting of a string of letters, digits or others, required along with the password to establish a Customer Account in the Online Shop. The Login is the right address of Customer’s e-mail.

 

Businessman - means a natural person, legal person or organizational unit who is not a legal person, for which the law recognizes the legal capacity, running business or professional activity on its own behalf and performing legal acts directly related to its business or professional activity.

 

Regulation – means the present Regulation.

 

Registration - means the physical act made in the manner specified in the Regulation, required for use by the Customer of all the functionalities of the Online Shop.

 

Brick and mortar shop - means the place for customer service, and the list of these places is available on the Website Store.

 

Brick and mortar shop - means the place designed for customer service, at: .

 

Seller –MVS

 e-mail: info@mvs.auto.pl, which is also the owner of the Online Store.

 

Website of the Store - means websites, under which the Seller leads the Online Store, acting in domain: www.mvs.auto.pl

 

Merchandise (Goods) - means a product presented by the Seller through the Website of the Store, which may be subject to Sales Agreement.

 

Durable medium - means a material or tool for Customer or Reseller in order to store informations addressed personally to him in a way that allows access to this information in the future by the time adequate for the purposes of these information, and which allows the reproduction of these stored information in unchanged form.

 

Sales contract - means a contract of sale concluded at a distance, on the terms specified in the Regulations, between Customer and Reseller.

§ 2 General Provisions and use of the Online Store

 

All rights to the online shop, including copyrights, intellectual property rights to its name, its Internet domain, Website of the Store, as well as patterns, forms, logos posted on the Website of the Store belong to the Seller, and the use of it can occur only in the specified manner and in accordance with the Regulations and with the Seller’s approval expressed in writing. The exceptions are logos and images of goods, presented on the Website of the Store for purposes of presentation of goods to which the rights belong to third parties.

 

The Seller will endeavor to use the Internet Store was possible for Internet users with all popular web browsers, operating systems, device types, and types of Internet connections. The minimum technical requirements enabling the use of the Website of the Store is a web browser with at least version of Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or later, with enabled Javascript, accepting "cookies" and the Internet connection of at least 256 kbit / s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.

 

The Seller uses the mechanism of "cookies", which during use of the Website of the Store by Customers, are stored by the server vendors on the hard disk of the terminal client. The use of "cookies" is to the proper functioning of the Website of the Store on the terminal equipment of the Customers. This mechanism does not damage the terminal and does not change the configuration in the customer terminal equipment or software installed on these devices. Each customer can disable the "cookies" in his web browser terminal. The Seller indicates that the exclusion of "cookies" can, however, cause difficulties or the inability to access the Website of the Store.

 

To place an order in the Online Store via the Website of the Store or via e-mail, and to use the services available on the Website of the Store, the Customer must have an active account of customer e-mail.

 

To place an order in the online store on the phone, the Customer must have an active phone number and an active e-mail account.

 

It is prohibited to the Customer to provide an illegal content and to use the Online Store, the Website of the Store or free services provided by the Seller in a manner contrary to law, morality or violating personal rights of third parties.

 

The Seller pronounces that the public nature of the Internet and the use of electronic services may involve a risk of acquiring and modify customer data by unauthorized persons, so Customers should apply appropriate technical measures to minimize the risks identified above. In particular, they should use anti-virus software protecting the identity of the Internet users. The Seller never asks the customer for access to any form of passwords.

 

It is not acceptable to use of resources and functions online store by the Customer in order to conduct business that violate the interests of the Seller

§ 3 Registration

 

To create a Customer Account, the Customer is required to make a free registration.

 

The Registration is not required to place an order in the Online Store.

 

In order to register, the Customer should complete the registration form made available by the Seller on the Website of the Store and send his completed registration form electronically to the Seller, selecting the appropriate function contained in the registration form. During the Registration, the Customer establishes an individual password.

 

During the completing of the registration form, the Customer has the opportunity to familiarize himself with the Regulations, accepting its contents by marking the appropriate box on the form.

 

During the Registration, the Customer can voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box the registration form. In this case the Seller clearly indicates the purpose of collecting personal data of the Customer, as well as the known or predicted Seller’s recipients of these data.

 

The Customer's agreement to the processing of personal data for marketing purposes does not condition the possibility of concluding contracts with the Seller for the provision of electronic services of keeping the Customer Account. The consent may be revoked at any time by submitting to the Seller an appropriate statement by the Customer. The statement may for example be sent to the Seller's address via email.

 

When the completed registration form is sent, the Customer receives immediately in the electronic way, to the email address provided on the registration form,the confirmation of the Registration made by the Seller. From that moment the contract is concluded for the provision of electronic services of keeping the Customer Account, and the Customer obtains access to the Customer Account and can make changes to the data provided during registration.

§ 4 Orders

 

The informations contained on the Website of the Store does not constitute an offer of the Seller, as defined in the Civil Code, and only an invitation for the Customers to tender the conclusion of sales.

 

The Customer can place orders in the Online Store via the Website of the Store or by e-mail seven days a week, 24 hours a day.

 

The Customer can place orders in the Online Store via the phone in the hours and days indicated on the Website of the Store.

 

The Customer places an order through the Website of the Store, completes the order by selecting the Merchandises (goods), of which is interested. Adding the Goods to the order consist on selecting the option "ADD TO THE CART" visible under the Merchandise presented on the Website of the Store. The Customer, after completing the whole order and indicating in the "CART" the method of delivery and payment, places an order by sending the order form to the Seller on the Website of the Store, by selecting the  button "I BUY AND PAY".

Before each shipment of the orders to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all of the additional costs which he is obliged to pay in connection with the Sales Agreement.

 

The Customer placing an order by phone, uses the telephone number provided by the Seller on the Website of the Store. The Customer places an order over the phone giving to the Seller the names of the Goods  which are on the Website and the amount of the Goods which he wants to order. Then, after completing the whole order, the Customer determines the delivery address and payment method, and also indicates, according to his choice, his e-mail address or mailing address to confirm the order. Whenever during the submission by the Customer of the orders by phone, the Seller informs the Customer about the total price of selected goods and the total cost of the chosen method of delivery, as well as all additional costs which the Customer is obliged to pay according to the Sales Agreement.

 

After placing an order by the Customer via telephone, the Seller will send in a durable medium, at the e-mail address or mailing address provided by the Customer , the information including confirmation of the terms of the Sales Agreement. The confirmation includes in particular: the determination of Goods which are the subject of sale, the price, the cost of delivery and the information about any other expenses which the Customer is required to pay according to the Sales Agreement.

 

The Customer placing an order via e-mail, send it to the e-mail address provided by the Seller on the Website of the Store. In the message sent to the Seller, the Customer,  shall notify in particular: the name of the Goods, and the quantity of the goods presented on the Web Site Store, and his contact details.

 

After receiving the electronic messages referred to § 4 paragraph. 7, the Seller shall send a return message to the Customer via e-mail, stating his registration data, the price of selected goods and the possible forms of payment and the method of delivery and its cost, as well as information about all the additional payments that the Customer would have to pay according to the Sales Agreement. The message also contains the information for the Customer, that the conclusion of the Sales Agreement  via e-mail entails the obligation to pay for the ordered Goods. On the basis of information given by the Seller, the Customer can place an order by sending an email to the Seller, indicating the preferred form of payment and the method of delivery.

 

The placement of an order is a submission by the Customer to the Seller of an offer  to conclude the Sales Contract for the Googs subject to this order.

 

After placing an order, the Seller shall send the confirmation of its submission to the e-mail specified by the customer.

 

Then, after confirming the order, the Seller shall send to the e-mail address given by the Customer the information about the acceptance of an order. The information about the acceptance of an order is a statement of the Seller's acceptance of the offer referred to  § 4. 9 above and upon its  receipt by the Customer,  the sales contract is concluded.

 

After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer, sending it on a durable medium to the e-mail address or in writing to the mailing address indicated by the Customer during the registration or ordering.

§ 5 Payments

 

The prices on the Website of the Store posted on the Goods, are gross  prices and do not include information on the delivery cost and any other expenses that the Customer will be required to pay according to the Sales Agreement, of which the Customer will be informed choosing the method of delivery and placing the order.

 

The Customer can choose the following forms of payment for the ordered goods:

 

a)

bank transfer to the Seller's bank account (in this case, the performance of the Agreement will be initiated after sending to the Customer by the Seller of the order confirmation and after the receipt of money on the Seller's bank account);

 

b)

bank transfer via an external payment system: PayPal, dotpay (in this case the performance of the Agreement will be initiated after sending to the Customer by the Seller  the order confirmation and after the receipt by the Seller of the information system about the payment made by the Customer);

 

c)

cash on delivery, payment to the Provider when making deliveries (in this case the performance of the Agreement will start after sending the order confirmation to the Customer by the Seller), it works only in our country;

 

d)

cash on personal delivery - payment in the Seller’s office (in this case the performance of the Agreement will be made immediately after sending the order confirmation to the Customer by the Seller, the product will be released in the Seller's office).

 

The Customer is always informed by the Seller on the Website of the Store about the period in which he is obliged to make payment for the order in the amount resulting from the Sales Agreement.

 

In the event of default of the payment deadline, referred to § 5. 3 of the Regulations, by the Customer, the Seller determines for the Customer an additional time to make payment and informs the Customer about it on a durable medium. The information regarding the additional period for payment also includes the information that after the expiry of this deadline, the Seller withdraws from the Sales Agreement. In the case of ineffective expiry of the second deadline for the payment, the Seller will send to the Customer on a durable medium the declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.

§ 6 Supply

 

Seller shall perform the delivery on Europe territory.

 

The seller is obliged to deliver the Goods being the subject of the Sales Agreement without flaws.

 

The Seller shall store on the Website of the Store the information about the number of working days required for delivery and execution of the order.

 

The term of the delivery and execution of the order, indicated on the Website of the Store is calculated in working days in accordance with § 5. 2 of the Regulations.

 

The term of the delivery and execution of the order, indicated on the Website of the Store is calculated in working days from the date of the Sales Agreement in the event of choice by the Customer of the payment option "cash on delivery".

 

The rdered goods are delivered to the Customer through the Supplier at the address indicated in the order form

 

On the day of sending the Goods to the Customer (if not selected the possibility of a personal collection of Goods) the information confirming the sending of the items by the Seller is transferred to the Customer's e-mail address.

 

The Customer is obliged to examine the consignment delivered in time and in the manner adopted for consignments of a kind. In case of any loss or damage of the shipment, the Customer has the right to require of the employee of the Provider to write a proper protocol.

 

The Customer is able to receive personally the ordered Goods. The reception can be done in the Seller’s office  in working days,  in the opening hours indicated on the Website of the Store, by arrangement with the Seller of the date of receipt by e-mail or telephone.

 

The Seller, according to the will of the customer, attach to the item which is the subject of delivery a receipt or an invoice covering the goods delivered.

 

In the absence of the Customer at the address indicated by him,  given as the supply address during the ordering, the Provider’s employee leaves a notification or telephone contact in attempt to determine the date on which the customer will be present. In the case of the return of the Goods ordered references to the online store by the Supplier, the Seller will contact the customer by                                                                                                                                                                                                                                         email or phone, again with the client setting the date and cost of delivery.

§ 7 Warranty

 

 The Seller warrants the delivery of Goods free from physical and legal defects. The Seller is liable to the customer if the product has a defect of natural or legal character (warranty).

 

If a Merchandise presents any defects, the Customer can:

 

a)

submit a statement of the price reduction or withdrawal from the Sales Agreement unless the Seller promptly and without undue inconvenience to the Customer will replace the defective product on free from defects or remove the defect.

 

 

 

 

b)

require the replacement of the defective product on free of defects or the defect removal. The Seller is obliged to replace the defective product on free from defects or remedy the defect within a reasonable time without undue inconvenience to the Customer.

 

 

The seller may refuse the request of Customer satisfaction, if the bringing of faulty Goods into conformity with the Sales Agreement in a manner chosen by the Customer is not possible or in comparison with other possible ways to bring  compliance with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.

 

The customer, who shall exercise his powers under warranty, is obliged to deliver the defective thing in the Seller's address. In the case of a Customer who is a Consumer, the cost of providing is covered by the Seller.

 

The Seller is liable under the warranty if the defect is found before the natural expiry of two years from the date of the delivery of Goods to the Customer. The claim for the removal of defects or replacement of the product on free from defects expires afterone  year, but the term can not be completed before the deadline specified in the first sentence. In this period the Customer can withdraw from the Sales Agreement or submit a statement of the price reduction because of defects in the Goods. If the Customer demanded the replacement of the product on free from defects or to remedy the defect, the deadline to withdraw from the Sales Agreement or declare the price reduction begins at the ineffective expiry of the deadline for the replacement of Goods or remedy the defect.

 

The Customer can address any complaints related to the Goods and the implementation of the Sales Agreement in writing to the Seller.

 

Seller within 14 days of the request containing the complaint, will address the complaints of Goods or complaints related to the implementation of the Sales Agreement notified by the Client.

 

The Customer may submit to the Seller a complaint in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address in the application: info@mvs.auto.pl  The Customer’s complaint should include a description of the problem. The Seller shall promptly, but not later than within 14 days, consider complaints and answer the Customer.

 

The Seller does not use the extra-judicial settlement of disputes referred to the Act of 23 September 2016. regarding a non-judicial consumer disputes resolution.

§ 8 Guarantee

 

The Goods sold by the Seller may be covered by the guarantee given by the manufacturer or distributor of the Goods.

 

In the case of Goods covered by the guarantee, the information on the existence and content of the guarantee is always presented on the Website of the Store.

§ 9 Withdrawal from the Sales Agreement