Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

JMCARPARTS.PL

 

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DEADLINE FOR DELIVERY AND PICK-UP OF THE PRODUCT
  6. PRODUCT COMPLAINTS
  7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND ENFORCEMENT OF CLAIMS, AS WELL AS RULES FOR ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
  9. PROVISIONS FOR ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL WITHDRAWAL FORM

 

This Terms and Conditions of the Online Store has been prepared by lawyers from the website Prokonsumencki.pl. The online store www.jmcarparts.pl cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of contracts that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of this Terms and Conditions do not aim to exclude or limit any consumer rights granted to them by mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In case of any inconsistency between the provisions of this Terms and Conditions and the above-mentioned provisions, the latter take precedence and should be applied.

1.    GENERAL PROVISIONS

1.1.      The online store available at www.jmcarparts.pl is operated by MATEUSZ FORGIEL conducting business under the name FORGIEL MATEUSZ - J&M CARPARTS TRADING AND SERVICE ENTERPRISE, registered in the Central Register and Information on Economic Activity of the Republic of Poland by the competent minister for economy, with the following address of business operation: ul. Rosochata 84, 59-216 Kunice and address for correspondence: ul. Neptuna 15, 59-220 Legnica, VAT number 6912233240, REGON 021026470, email address: sklep@jmcarparts.pl, phone number: (+48) 607 828 036.

1.2.      This Regulation applies to both consumers and entrepreneurs using the Online Store, unless a particular provision of the Regulation states otherwise.

1.3.      The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of this Regulations is the Seller. Personal data is processed for the purposes, for the period and on the basis of the principles indicated in the privacy policy published on the Online Store's website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing personal data, as well as the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User of the Online Store or the Customer is voluntary, with the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4.      Definitions:

  • WORKING DAY - one day from Monday to Friday, excluding public holidays.
  • REGISTRATION FORM - a form available on the Online Store's website allowing the creation of an Account.
  • ORDER FORM - Electronic Service, an interactive form available in the Online Store allowing for placing an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • CLIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - who has entered into or intends to enter into a Sales Agreement with the Seller.
  • CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
  • ACCOUNT - Electronic Service, designated by an individual name (login) and password provided by the Service Recipient, a set of resources in the teleinformation system of the Service Provider, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
  • NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all users, as Service Recipients, to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
  • PRODUCT - a movable item available in the Online Store, subject to a Sales Agreement between the Customer and the Seller.
  • TERMS AND CONDITIONS - these terms and conditions of the Online Store.
  • ONLINE STORE - the online store of the Service Provider available at the internet address: www.jmcarparts.pl.
  • SELLER; SERVICE PROVIDER - MATEUSZ FORGIEL conducting business under the name FORGIEL MATEUSZ - J&M CARPARTS TRADING AND SERVICE ENTERPRISE, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with the following address of business: ul. Rosochata 84, 59-216 Kunice and address for correspondence: ul. Neptuna 15, 59-220 Legnica, NIP 6912233240, REGON 021026470, e-mail address: sklep@jmcarparts.pl.
  • SALES AGREEMENT - a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the Online Store.
  • ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
  • SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
  • CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
  • ORDER - a declaration of will of the Customer submitted by means of the Order Form and directly aimed at concluding a Sales Agreement for the Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

  • Account - using the Account is possible after completing three consecutive steps by the Service Recipient - (1) filling out the Registration Form, (2) clicking on the "Create an account" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided email address. In the Registration Form, the Service Recipient must provide the following data: email address and password.
    • If the Service Recipient has a registered account on Facebook, they can also create an Account in the Online Store by logging in through this service. An Account can also be created by checking the appropriate checkbox during the Order placement and providing a password - the Account will be created upon placing the Order.
    • The Electronic Service Account is provided free of charge for an indefinite period of time. The Service Recipient has the possibility to delete the Account (resign from the Account) at any time and without giving a reason by sending a relevant request to the Service Provider, in particular via email to the address: sklep@jmcarparts.pl or in writing to the address: ul. Neptuna 15, 59-220 Legnica.
  • Order Form - using the Order Form begins with the moment the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes two consecutive steps - (1) filling out the Order Form and (2) clicking on the "Order with obligation to pay" field on the Online Store website after filling out the Order Form - until this point, there is a possibility to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). The Order Form requires the Customer to provide the following data regarding the Customer: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of Product delivery, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
    • The Electronic Service Order Form is provided free of charge and has a one-time nature and ends with the submission of the Order through it or with the earlier cessation of submitting the Order through it by the Service Recipient.
  • Newsletter - you can subscribe to the Newsletter by checking the appropriate checkbox during the Order process - upon placing the Order, the Service Recipient is subscribed to the Newsletter.
    • The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the possibility to unsubscribe from the Newsletter (resignation from the Newsletter) at any time and without giving a reason by sending a relevant request to the Service Provider, in particular via e-mail to the address: sklep@jmcarparts.pl or in writing to the address: ul. Neptuna 15, 59-220 Legnica.

2.2.      Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the ability to save Cookies files and support Javascript in the internet browser.

2.3.      The service recipient is obliged to use the Online Store in accordance with the law and good practices, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual state. The service recipient is prohibited from providing content of an unlawful nature.

2.4.      Complaint procedure regarding Electronic Services:

  • Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) can be submitted by the service recipient, for example:
    • in writing to the address: ul. Neptuna 15, 59-220 Legnica;
    • electronically via email to the address: sklep@jmcarparts.pl.
  • It is recommended that the service recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the service recipient's request; and (3) contact details of the complainant - this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements stated in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
  • The Service Provider's response to a complaint will be made immediately, no later than 14 calendar days from the date of its submission.

3.    TERMS OF CONCLUDING A SALES AGREEMENT

3.1.      The Sales Agreement between the Client and the Seller is concluded after the Client has placed an order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2.      The price of the Product displayed on the Online Store's website is given in Polish zlotys and includes taxes (there is also the possibility to adjust the displayed currency to the Client's preferences using the option to change the currency visible at the top of the Online Store's website). The total price including taxes of the Product subject to the Order, as well as the delivery costs (including fees for transport, delivery and postal services) and other costs, and when the amount of these fees cannot be determined - the obligation to pay them, the Client is informed on the Online Store's website during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

3.3.      Procedure for concluding a Sales Agreement in the Online Store using the Order Form

  • The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
  • After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending a relevant e-mail message to the Client by the Seller to the e-mail address provided by the Client during the Order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Client, the Sales Agreement is concluded between the Client and the Seller.

3.4.      The content of the Sales Agreement is recorded, secured and made available to the Client through (1) making this Regulations available on the Online Store's website and (2) sending an e-mail message to the Client, as mentioned in point 3.3.2. of the Regulations. The content of the Sales Agreement is also recorded and secured in the Seller's IT system.

4.    METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

4.1.      The Seller provides the Client with the following methods of payment for the Sales Agreement:

  • Cash on delivery upon receipt of the shipment.
  • Cash payment upon personal pickup.
  • Payment by bank transfer to the Seller's bank account.
  • Electronic payments and card payments through the PayU.pl service - current payment methods are specified on the Online Store's information tab and on the website http://www.payu.pl.
    • Settlement of transactions by electronic payments and card payments is carried out according to the Customer's choice through the PayU.pl service. Electronic and card payment services are provided by:
      • pl - PayU S.A. with its registered office in Poznań (registered address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital of 4,944,000.00 PLN fully paid; Tax Identification Number: 7792308495.

4.2.      Payment deadline:

  • In case of choosing payment by bank transfer, electronic payments or card payments, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
  • In case of choosing cash payment by the Client upon delivery of the shipment or cash payment upon personal pickup, the Client is obligated to make the payment upon receiving the shipment.

5.    COST, METHODS AND TERMS OF DELIVERY AND PRODUCT PICKUP

5.1.      Product delivery is available within the territory of the Republic of Poland.

5.2.      Delivery of the Product to the Client is subject to a fee, unless the Sales Agreement states otherwise. The costs of Product delivery (including fees for transportation, delivery and postal services) are indicated to the Client on the Online Store's informational tab "Costs and delivery methods" and during the process of placing an Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.

5.3.      Personal pickup of the Product by the Client is free of charge.

5.4.      The Seller provides the following methods of delivery or pickup of the Product to the Client:

  • Postal shipment, cash on delivery postal shipment.
  • Courier shipment, cash on delivery courier shipment.
  • "Paczka w Ruchu" shipment for pickup at a selected RUCH kiosk.
  • Paczkomat shipment.
  • Personal pickup available at the following address: ul. Neptuna 15, 59-220 Legnica - on Business Days, from 08:00 to 16:00.

5.5.      Delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of the Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified time, which cannot exceed 7 Business Days. The start of the delivery time of the Product to the Customer is counted in the following way:

  • If the Customer chooses to pay by bank transfer, electronic payment or credit card - from the day of crediting the Seller's bank account or settlement account.
  • If the Customer chooses to pay by cash on delivery - from the day of concluding the Sales Agreement.

5.6.      Product readiness time for pickup by the Customer - in the case of the Customer choosing to pick up the Product in person, the Product will be ready for pickup within 7 Business Days, unless a shorter time is specified in the description of the Product or during the Order placement. In the case of Products with different readiness times for pickup, the readiness time is the longest specified time, which cannot exceed 7 Business Days. The Customer will also be informed by the Seller about the readiness of the Product for pickup. The start of the readiness time for pickup by the Customer is counted in the following way:

  • If the Customer chooses to pay by bank transfer, electronic payment or credit card - from the day of crediting the Seller's bank account or settlement account.
  • If the Customer chooses to pay in cash upon personal pickup - from the day of concluding the Sales Agreement.

6. PRODUCT COMPLAINT

6.1. The basis and scope of the Seller's liability towards the Customer in case of physical or legal defects of the sold Product (warranty) are determined by generally applicable laws, in particular the Civil Code (including articles 556-576 of the Civil Code).

6.2. The Seller is obliged to deliver the Product to the Customer without defects.

6.3. The complaint can be submitted by the Customer, for example:

  • in writing to the address: ul. Neptuna 15, 59-220 Legnica;
  • electronically via email to the address: sklep@jmcarparts.pl.

6.4.      It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and expedite the consideration of the complaint by the Seller. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.5.      The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, as a consumer, exercising rights under the warranty, requests the replacement of the item or the removal of the defect, or submits a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 calendar days, it is considered that the request has been deemed justified.

6.6.      The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address: ul. Neptuna 15, 59-220 Legnica. In the case of a customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the type of Product or the way it is installed, delivery of the Product by the consumer customer would be excessively difficult, the customer is obliged to make the Product available to the Seller at the location where the Product is located.

6.7.      In accordance with Article 558 § 1 of the Civil Code, the Seller's liability for the Product under warranty to a customer who is not a consumer is excluded.

7.    OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS AND RULES FOR ACCESS TO THESE PROCEDURES

7.1.      Detailed information on the possibility for a customer who is a consumer to use out-of-court methods of handling complaints and claims and the rules for access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2.      The President of the Office of Competition and Consumer Protection also operates a contact point (phone: +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide assistance to consumers in matters related to out-of-court resolution of consumer disputes.

7.3.      The consumer has the following options for using out-of-court methods of handling complaints and pursuing claims: (1) submitting a request for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) submitting a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector responsible for the location of the Seller's business activity); and (3) seeking assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at +48 801 440 220 (helpline open on business days from 8:00 am to 6:00 pm, call charges according to the operator's tariff).

7.4.      At the address http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and businesses seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract (more information on the platform's website or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.    RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1.      A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract can be made, for example:

  • in writing to the address: ul. Neptuna 15, 59-220 Legnica;
  • electronically via email to the address: sklep@jmcarparts.pl.

8.2.      Sample withdrawal form template is included in Annex 2 to the Consumer Rights Act and is also available in point 11 of the Regulations.

8.3.      The deadline for withdrawal from the contract begins:

  • for a contract in which the Seller delivers the Product and is obliged to transfer its ownership (e.g. Sales Agreement) - from the moment the Product is taken into possession by the consumer or a third party designated by them other than the carrier, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or in parts - from the moment the last Product, batch or part is taken into possession, or (2) involves regular delivery of Products for a specified period of time - from the moment the first Product is taken into possession;
  • for other contracts - from the date of conclusion of the contract.

8.4.      In case of withdrawal from a distance contract, the contract is considered not concluded.

8.5.      The seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of Product delivery (with the exception of additional costs resulting from the consumer's chosen method of delivery other than the cheapest ordinary method of delivery available in the Online Store). The seller will make the refund using the same payment method that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for him. If the seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until the Product is returned or until the consumer provides proof of its return, depending on which event occurs first.

8.6.      The consumer is obliged to immediately, no later than within 14 calendar days from the day of withdrawal from the contract, return the Product to the seller or hand it over to a person authorized by the seller to collect it, unless the seller has offered to collect the Product himself. To meet the deadline, it is enough to send the Product back before its expiration. The consumer can return the Product to the following address: ul. Neptuna 15, 59-220 Legnica.

8.7.      The consumer is responsible for any decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the Product.

8.8.      Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

  • If the consumer has chosen a method of delivery other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
  • The consumer bears the direct costs of returning the Product.
  • In the case of a Product that is a service, the performance of which - at the explicit request of the consumer - has begun before the expiration of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services performed until the moment of withdrawal from the contract. The amount to be paid is calculated proportionally to the scope of the services performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the services performed.

8.9.      The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

  • (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the Seller fulfills the service, they will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated product, produced according to the consumer's specifications or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is perishable or has a short shelf life; (5) in which the subject of the service is a product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service is products that, due to their nature, become inseparably connected with other things after delivery; (7) in which the subject of the service is alcoholic beverages, the price of which has been agreed upon at1. In the case of a sales contract, in which the delivery can take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer clearly requested the Seller to come to them for urgent repair or maintenance; if the Seller also provides other services than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or Products; (9) in which the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of journals, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the day or period of service provision is specified in the contract; (13) for the delivery of digital content that is not stored on a physical medium, if the performance has started with the explicit consent of the consumer before the expiration of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract.

    8.10.    The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and also to the Service Recipient or Client who is a natural person entering into a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for this person, in particular arising from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

    9.    PROVISIONS REGARDING ENTREPRENEURS

    9.1.      This point 9 of the Regulations and all provisions contained therein are directed and therefore binding only on the Client or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that day also not a natural person entering into a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for this person, in particular arising from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

    9.2. The seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, the withdrawal from the Sales Agreement can take place without giving a reason and does not give rise to any claims against the Seller on the part of the Customer.

    9.3. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment regardless of the chosen payment method by the Customer and the fact of concluding the Sales Agreement.

    9.4. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.

    9.5.      The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both in the scope of a single claim, as well as for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The monetary limitation mentioned in the previous sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including in the case of failure to conclude a Sales Agreement or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical, foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The Seller is also not liable for delays in the delivery of the shipment.

    9.6.      All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be subject to the jurisdiction of the court having jurisdiction over the Seller/Service Provider's registered office.

    10.  SAMPLE WITHDRAWAL FORM
    (ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT)


    Sample withdrawal form
    (this form should be filled out and sent only in case of withdrawal from the agreement)

    –    Recipient:

    FORGIEL MATEUSZ - J&M CARPARTS TRADING AND SERVICE COMPANY
    ul. Neptuna 15, 59-220 Legnica
    jmcarparts.pl
    sklep@jmcarparts.pl

    –    I/We(*) hereby inform about my/our(*) withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract for work consisting of the execution of the following items(*)/provision of the following service(*)

     

    –    Date of conclusion of the contract(*)/receipt(*)

    –    Name and surname of the consumer(s)

    –    Address of the consumer(s)

    –    Signature of the consumer(s) (only if the form is sent in paper version)

    –    Date

    (*) To be crossed out if not applicable.