Terms & Conditions

REGULATIONS

Products offered in the Store are sold by CREW GARAGE BARTŁOMIEJ PIELA, ul. Diamanetowa 16, 32 – 640 Zator, NIP 5492402929, REGON 389024750, hereinafter referred to as Seller.
You can contact the Seller by writing to the e-mail address: [email protected] or by phone: +48 515804945

§1 BASIC CONCEPTS

Explanation of basic terms:

Price – the value expressed in monetary units that the Customer is obliged to pay;
Day – a business day, i.e. a weekday from Monday to Friday, excluding public holidays;
Proof of payment – an invoice or receipt issued in accordance with the Value Added Tax Act or based on other provisions of applicable law sent to the Customer;
Delivery – means the delivery of the Product to the Customer by the Seller;
Supplier – an entity with which the Seller cooperates and whose task is to carry out the delivery (detailed information on suppliers and forms of delivery are specified on the Seller’s website);
Customer – an entity that plans to purchase or is purchasing the product(s), i.e. a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which is granted legal capacity by law – that has concluded or intends to conclude an Agreement with the Seller, also referred to as the User;
Consumer – a natural person, making a purchase for purposes that are not directly related to his/her economic/professional activity;
Offer – a sales proposal containing the essential elements of the Product (including but not limited to product description, individual proposal of the Seller).
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing in its own name a business that uses the Store;
Entrepreneur on the rights of a consumer – a natural person, concluding a contract directly related to his/her business, when the content of the contract indicates that the contract is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity;
Product – Goods or Services offered by the Seller in the Store, intended for sale; the Product is of a paid nature, unless otherwise indicated;
Physical Product – a product subject to physical shipment by mail/courier or which can be picked up in person;
Terms and Conditions – these Terms and Conditions of Sale setting out the rules for the use of the Store, placing orders and the rules of order fulfillment by the Seller;
Store/website – the website on which the sale of products by the Seller is conducted
Goods – the thing which is the subject of the contract concluded between the Seller and the Customer;
Permanent carrier – material or tool for storing information, which allows access to this information in the future (for the time necessary to realize the purposes for which the information is used) and allows the reproduction of the stored information in an unchanged form;
Contract – mutual agreements of the Seller and the Customer defining mutual rights and obligations;
Service – a service provided by the Seller to the Customer.

§2 RULES OF COOPERATION AND CONCLUSION OF THE AGREEMENT

The terms and conditions for the performance of the contract and the rules of cooperation are set forth in the Regulations and the Offer.
The Regulations and the Offer do not exclude or limit the rights of the Customer who is a Consumer or an Entrepreneur on the rights of a Consumer arising from the mandatory provisions of law.
In case of discrepancies between the content of the Regulations and the Offer, the Offer shall be binding.
The Agreement is concluded upon the Customer’s acceptance of the Terms and Conditions, payment and confirmation by the Seller of acceptance of the order for execution, subject to the provision below.
In a situation where the payment date falls after the conclusion of the Contract, the Contract is concluded at the moment of acceptance of the Terms and Conditions by the Customer and acceptance of the order for execution by the Seller.

§3 PRICE

The price is a gross price and includes all taxes required by law, except where the Seller has clearly indicated that the price is a net price and VAT should be added to it.
The price does not include information on delivery costs or other costs that the Customer will be obliged to bear, and about which he will be informed before placing an order.
The reduced price is the price applicable as a result of a reduction in the price of the Product.
The lowest price shall be the lowest price for the Product that was in effect during the period of 30 days prior to the introduction of the reduction, and in the case of a Product offered for sale for a period of less than 30 days, the lowest price shall be the lowest price in effect during the period from the date of commencement of offering of that Product until the date of introduction of the reduction.
If the Seller applies the procedure of individual price adjustment on the basis of automated decision-making, the Seller shall inform the Customer about it before placing the order.
Some countries outside the EU may add customs duties or additional fees, which depend on the applicable law in the destination country of delivery.
Customs Duties and Taxes
The buyer is responsible for any customs duties, import taxes, and other local and federal fees related to the delivery of the order, which may be imposed by the authorities of the destination country. These costs are not included in the product prices or shipping fees. The shipping fee covers only the cost of transport. Any additional charges, including customs duties and taxes, depend on the regulations in force in the destination country and may be charged by the carrier or customs authorities upon the package’s arrival. The seller has no control over the amount of these fees and cannot predict them.
By placing an order, you agree to these terms. The buyer should familiarize themselves with local customs and tax regulations before making a purchase to avoid any misunderstandings.

§4 ORDERING RULES

The customer can use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays or holidays are processed on the next business day.
The Seller uses the services of PayPal to offer online payments.
Payment can be made by electronic transfer, payment or credit card and through other payments offered by the Service.
The Customer is obliged to make payment immediately after placing an order, unless nothing else is stated in the Offer or in the payment method selected by the Customer.
In order to purchase Products through the Store, you must:

select the Product(s) you wish to purchase from the options available on the site by clicking on the “add to cart” button or a similar button;
after selecting the Products, indicate the required information (e.g. Customer’s data, method of payment, method of delivery);
read the information about the total price for the selected Products, including delivery and other additional costs resulting from the order;
accept the Terms and Conditions and the order, and make payment for the order according to the selected payment method. Once the order has been placed, the Seller will send confirmation of the order.

6. The Customer is obliged to make payment immediately after placing an order, unless nothing else is stated in the Offer or in the payment method selected by the Customer.
7. In order to purchase Products through the Store, you must:

§5 ORDER PROCESSING RULES

Physical Products

The time for order processing, including delivery of the Products, depends on the order preparation time indicated by the Seller, and then on the delivery time provided for the delivery method selected by the Customer. The Order will be completed, i.e. the Goods will be dispatched to the buyer, within 5 working days. If the Order is placed on a non-working day or on the day preceding such a day (Saturday, Sunday, holidays), the Order completion time will be extended by the number of non-working days. If the Order is placed after 12.00, the time needed to dispatch the Goods will be extended by 12 hours. The Seller reserves the right to extend delivery times in the case of national holidays, stocktaking or required technical works. In such cases the information about possible delays will be presented on the Online Shop’s website.
The period for the execution of the order, including the delivery of the Products, shall be counted from the date of conclusion of the contract.
The Seller shall inform the Customer about:

the deadline for preparation of the order by the Seller in working days, and
the deadline for delivery of the Products by the Supplier in working days – depending on the method of delivery chosen by the Customer.

4. In the case of deliveries made outside Poland, the Customer agrees individually with the Seller on the detailed terms of delivery.
5. Delivery shall be made to the address indicated by the Customer in the order form or to the collection point indicated by the Customer – depending on the selected method of delivery.
6. In case of problems with delivery by the Supplier, such as, among others, the absence of the Customer at the indicated address, the Supplier shall leave an advisory notice at this address or e-mail/telephone establish another date on which delivery of the order will be possible. If the order is not picked up on the specified date, the order will be sent back to the Seller. Once sent back, a new delivery date will be set with the customer and the cost of redelivery will be determined.
7. The customer should examine the received order upon receipt of the shipment, and if any irregularities are found, the customer has the right to request the Supplier to prepare a report of receipt.

§6 TECHNICAL CONDITIONS

The Customer may use the Store in accordance with the Regulations and applicable laws.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above.
In order to use the Store or place an order, it is necessary for the Customer to have:

a current version of an Internet 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 are necessary to use the Store or the Products, the Customer will be informed before using the Store or before placing an order for a Product.

§7 COPYRIGHTS AND LICENSES

All materials provided by the Seller, including text, photographs, graphics, multimedia and trademarks are a work within the meaning of the Act on Copyright and Related Rights, subject to legal protection.
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 other legal grounds. Any materials made available by the Seller may be used solely by the Client for his own use, unless otherwise specified in the Offer. It is unauthorized to further distribute, share, rip or download in any way the materials outside the scope of permitted use.
The Seller grants the Customer a non-exclusive license, without the right to grant sublicenses and without territorial restrictions. Time limitations are based on the Offer or on these Terms and Conditions. The remuneration for granting the license has been included in the price.
The customer has the right to use the materials in the following fields of exploitation:

in terms of recording of the work and printing – recording by digital technique in the User’s Account or in any other way permitted by the Seller; the printout may be made for one’s own use of the materials;
modification of the work for one’s own use to the extent resulting from instructions, video instructions/instructions, comments.

5. In case of violation of the prohibition referred to in this paragraph, including copyright infringement, the Vendor shall have the right to claim damages and compensation from the Customer. The Customer in the aforementioned scope may be liable for civil or criminal liability.

§8 COMPLAINT AND WARRANTY

This Chapter sets forth the rules of liability for compliance of performance with the Contract obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer with respect to contracts concluded from January 1, 2023.
Contracts obliging to transfer ownership of the Goods, including, in particular, contracts of sale, supply contracts and contracts for work being the Goods, shall not be governed by the provisions of Chapter XI of Book Three of Title II of the Act of April 23, 1964. – Civil Code, but only the Law on Consumer Rights. Detailed information on the aforementioned rules can be found in the Law on Consumer Rights, and these Regulations are not intended to limit or change them.
If the Goods are inconsistent with the contract, the Customer may request its repair or replacement, or in cases specified in the Consumer Rights Act – also withdraw from the contract.
The Seller may replace when the Customer demands repair, or the Seller may repair when the Customer demands replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Customer is impossible 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. The Customer shall make the Goods subject to repair or replacement available to the Seller.
If the Goods are inconsistent with the contract, the Customer may submit a statement of price reduction or withdrawal from the contract when:

the Seller refused to bring the Goods into conformity with the contract or failed to bring the Goods into conformity with the contract
the non-conformity of the Goods with the contract continues, despite the fact that the Seller tried to bring the Goods into conformity with the contract;
the non-conformity of the Goods with the contract is so significant that it justifies an immediate reduction of the price or withdrawal from the contract;
it is clear from the Seller’s statement or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Client.

6. The Customer may not withdraw from the contract if the non-compliance of the Goods with the contract is insignificant.
7. 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 return the price to the Customer immediately, but no later than within 14 days from the date of receipt of the Goods or proof of their return.
8. The Customer may file a complaint regarding the non-compliance of the Goods with the contract by sending it to the address of the Seller indicated in the Terms and Conditions (mailing or e-mail address). The complaint should contain data allowing identification of the Customer, the subject of the complaint and the demands related to the complaint. In the case of receipt of an incomplete complaint preventing its consideration, the Seller will call the Customer to supplement it under pain of leaving the complaint unprocessed. The Customer may file a complaint using the form attached hereto as Appendix No. 3.
9. The Seller shall consider the complaint within 14 days from the date of its receipt, unless nothing else stems from special provisions. The response will be sent to the Customer’s e-mail address or in any other way indicated by the Customer.
10. The provisions of this chapter shall not apply to the Goods, which serve only as a carrier of digital content.

§9 WITHDRAWAL FROM THE CONTRACT

This chapter sets out the rules for withdrawal from the contract by the Consumer and Entrepreneur on the rights of the consumer.
The Customer who is a Consumer or Entrepreneur acting on the rights of 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 about it by an unequivocal statement, sending, for example, an e-mail or a letter to the address indicated in the Terms and Conditions. For more information on the right of withdrawal, please refer to Appendix 1 and 2 to the Terms and Conditions.
The right of withdrawal shall not apply to a contract for:

for the provision of services for which the Customer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Customer, who was informed before the start of the service that after the Seller’s performance he will lose the right to withdraw from the contract, and has accepted it;
for the provision of digital content not delivered on a tangible medium, for which the Client is obliged to pay the price, if the Seller has begun performance with the express and prior consent of the Client, who was informed before the start of performance that after the Seller’s performance will lose the right to withdraw from the contract, and has taken note of this, and the Seller has provided the Client with confirmation of receipt of consent;
the subject of performance is a non-refabricated good, produced to the Client’s specifications or serving to satisfy his individualized needs (the so-called. custom-made goods);
the subject of the performance is goods supplied in sealed packaging that once opened cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
the conclusion took place by means of a public auction;
the subject of the service are things which, after delivery, by their nature, are inseparable from other things,
for the provision of services for which the Customer is obliged to pay the price in the case of which the Customer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Customer.

8. The Customer referred to in paragraph 1 shall be liable for any diminution in the value of the Product in connection with the use of the Product beyond what is necessary to ascertain the nature, characteristics and functionality of the Product.

9. In the event of withdrawal from the contract, through no fault of the Seller, the Customer is obligated to immediately return the Goods to the Seller at their own expense. The Seller will refund the Customer the amount due immediately, but no later than 14 days from the date of receipt of the Goods or proof of their return. This amount will be reduced by the costs associated with:

the delivery method chosen by the Consumer and offered by the Seller,
the PayPal payment gateway transaction, amounting to 5% of the total order amount,
any customs duties, import taxes, and other local and federal fees related to the delivery of the order, which may be imposed by the authorities of the destination country.

§10 SPECIFIC PROVISIONS FOR ENTREPRENEURS

The provisions indicated in this paragraph shall apply to the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
The competent court to resolve any disputes arising between the Seller and the Entrepreneur who is not an Entrepreneur on the rights of the consumer is the court having jurisdiction over the seat of the Seller.
Entrepreneur who is not an Entrepreneur on the rights of the consumer is obliged to examine the shipment upon receipt. If defects and damage are noticed – the Entrepreneur is obliged to draw up a protocol upon receipt. In case of failure to comply with the above formalities, the Seller shall not be liable for defects and damage to the Product arising from the moment of its acceptance by the Supplier until its release to the Entrepreneur, as well as for the delay in transportation of the consignment.
The parties exclude the Seller’s liability for non-compliance of the Goods with the contract/defects of the item to the Entrepreneur who is not an Entrepreneur on the rights of the consumer.
The Seller shall have the right to terminate the contract with immediate effect to an Entrepreneur who is not an Entrepreneur on the rights of a consumer. For this purpose, the Seller shall send the Entrepreneur a statement on termination of the contract to the e-mail address or mailing address. The Entrepreneur waives any claims in this regard.
The Seller shall not be liable for lost profits to an Entrepreneur who is not an Entrepreneur on the rights of a consumer.

§11 FINAL PROVISIONS

6.i.1.a.i.1 During the period of force majeure, the Parties to the contract shall be exempted from any liability for non-performance or improper performance of the contract, if only the circumstances of force majeure shall constitute an obstacle to the performance of the contract. The above shall also apply in the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure shall constitute an obstacle to the performance of the contract.
6.i.1.a.i.2 Force majeure shall be understood as an event of fortuitous or natural nature, completely independent of the will and action of the Parties, which could not have been foreseen and could not have been prevented, in particular such events as: flood, burglary, war, act of terror, introduction of a state of emergency.
6.i.1.a.i.3. In a situation where the Customer is from outside the Seller’s country, the Customer should inform the Seller, indicating information about his place of residence/site, so that it will be possible to settle the tax in accordance with the regulations applicable to him.
6.i.1.a.i.4 In the use of the Products, it is forbidden to provide information of an unlawful nature and to act in a manner contrary to the law, good morals or violating the personal rights of third parties.
6.i.1.a.i.5. Amicable settlement of disputes and handling of complaints. The consumer has the option to turn to:

a permanent amicable consumer court with a request to resolve a dispute arising from the concluded contract;
a provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings, for the amicable termination of a dispute between the Customer and the Seller;
a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection in order to obtain assistance on the contract;
or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.

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 force the Seller also to change the content of these Terms and Conditions, in particular, changes in the provisions of the Civil Code, the Law on Consumer Rights, the Law on Provision of Electronic Services, as well as under the applicable decisions of the OCCP, 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 causal relationship between the above. change and a change in the cost of providing services by the Seller. The version of the Terms and Conditions in effect on the date of conclusion of the Contract by the Customer shall apply to contracts concluded before the new Terms and Conditions came into effect.
The applicable law is Polish law, subject to paragraph 10.
The applicable court is a Polish court, subject to paragraph 10.
In the case of a Customer 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 his habitual residence, which cannot be excluded on the basis of the contract. In the event that the provisions that apply in the consumer’s country are more favorable to the consumer, and these provisions cannot be excluded by contract, they shall apply in the contract concluded between the Customer and the Seller.
The rules regarding the processing of personal data are regulated in the Privacy Policy.
the Regulations are effective as of 01.06.2022

MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)

I withdraw from the contract dated……………..
concerning/concerning on………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

Name, address of Customer …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

Signature* ………………………………… (if sent on paper)
Date …………………………………………………

*complete

COMPLAINT FORM
(fill out the form if you wish to file a complaint regarding non-conformity of the Goods with the Contract)

Applies to order no: ……………………………… dated …………………………………..

Refers to product: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………(product description).

I inform you that the goods purchased by me are not in conformity with the contract. The non-conformity of the Goods with the contract consists in: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

The non-conformity was found on …………………………….

In view of the above, please:……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..(indicate claim).

Name, address of Customer* …………………………………………………………………………………………………………..

Signature* ………………………… (if sent on paper)
Date ………………….

complete