TERMS AND CONDITIONS OF THE ONLINE STORE WWW.CARFIX.AC
DEFINITIONS
The terms used in these Terms and Conditions shall have the following meanings:
1. Company/Seller – NOX2 SP. Z O.O. with its registered office in Warsaw, ul. Sarmacka 5G, 00-972, entered in the Register of Entrepreneurs kept by the District Court in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0001126653, REGON: 529632928, NIP: 9512604898, share capital of PLN 5,000.00.
2. Cookies – small text files sent by a website and stored on the Customer’s device (usually on the hard drive of their computer) when concluding contracts via the Online Store operated by the Company at www.carfix.ac.
3. Working days – means days of the week from Monday to Friday, excluding public holidays.
4. External supplier – a company or companies that own or hold the Products sold by the Company and which are not currently in the Company’s warehouse.
5. Purchase Form – an electronic form available for completion at www.carfix.ac in the case of contracts concluded via the website www.carfix.ac, in which the Customer provides the data necessary for the conclusion and performance of the contract, with the proviso that:
a) for Customers who are consumers, the Purchase Form must contain at least the following data: e-mail address, first and last name, address of residence/delivery (street and house number or/and premises, postcode and city, country, contact telephone number);
b) if the Customer is not a consumer, the Purchase Form must contain at least the following data: e-mail address, first and last name or company name of the Customer, address of the registered office/delivery address (street and house/apartment number, postcode and city, country, contact telephone number), tax identification number (VAT ID);
6. Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws of 2022, item 1360, as amended);
7. Consumer – a natural person who concludes a contract and orders a product for purposes not directly related to their business or professional activity within the meaning of Article 221 of the Civil Code;
8. Account – an individual Customer profile, identified by a username (login) and password, constituting a collection of the Customer’s resources and data in the Company’s ICT system, containing in particular the Customer’s data on Orders placed.
9. Customer – a natural person with full legal capacity or an Entrepreneur interested in purchasing a Product from the Company via the Store;
10. Product Delivery Entity – a courier company commissioned by the Company to deliver the shipment to the Customer;
11. Product – parts, accessories and materials intended for cars, including consumables available in the Online Store;
12. Entrepreneur – natural persons, legal persons, organisational units without legal personality conducting business activity and other entities with a REGON number, interested in purchasing the Company’s Product via the Store;
13. Terms and Conditions – these Terms and Conditions;
14. Online Store – a website enabling Customers to place Orders for Products, available at www.carfix.ac.
15. Force Majeure – an external event, unexpected, impossible to prevent, beyond the control of the parties (e.g. natural disasters, riots);
16. Order – a declaration of intent by the Customer aimed directly at placing an order for the purchase of a Product, specifying in particular the type and number of Products.
GENERAL PROVISIONS
- The Terms and Conditions define the rules for the use of the CARFIX Online Store available at: www.carfix.ac for the purpose of ordering Products, and in particular:
a) the terms and conditions for placing Orders by Customers via the Online Store www.carfix.ac
b) the terms and conditions for placing an Order;
c) the complaint procedure.
2. The Terms and Conditions are available on the website www.carfix.ac. The Customer may read them on the indicated website and download a file containing the Terms and Conditions for the purpose of saving and reproducing them at any time.
3. The Online Store under the name www.carfix.ac is operated by the Company.
4. Address of the Store and contact details:
a) Email: info@carfix.ac
b) Postal address: ul. Sarmacka 5G, 00-972 Warsaw.
5. The Customer is obliged to use the Store and its functionality in accordance with the law, the provisions of these Terms and Conditions and good manners. It is prohibited to use the Store in a manner that may violate the personal rights of others and to post or disseminate through the Store any content that is vulgar, untrue or may violate the personal rights, law or other legitimate interests of the Company or third parties. In the event of a change in their personal or contact details, the Customer is obliged to correct or supplement them. The Customer is obliged to exercise due diligence when using the Store.
6. The Customer may use the electronic services provided by the Company by creating an Account. Account registration is done by completing the registration form and accepting at least these Terms and Conditions and the Privacy Policy. In the registration form, the Customer must provide: an email address and a unique password.
7. The Account maintenance service is provided by the Company free of charge. The Customer may delete their Account at any time by submitting a request to the Company:
a) in writing to the address: NOX2 SP. Z O.O. with its registered office in Warsaw, ul. Sarmacka 5G, 00-972 or
b) in electronic form to the address: info@carfix.ac
PLACING AN ORDER
- In order to purchase a Product, the Customer must provide at least the data specified in the Order Form.
2. Placing an Order and concluding a contract is effected by performing the following actions:
a) completing the Order Form;
b) indicating the form of delivery of the Product;
c) accepting these Terms and Conditions by the Customer;
d) selecting the payment method and making the payment by the Customer;
After placing and paying for the Order, the Company shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Company sending the Customer an appropriate e-mail to the e-mail address provided in the Order Form, which shall include at least a statement by the Company that the Order has been received and accepted for execution, as well as confirmation of the conclusion of the contract. Upon receipt of the above e-mail by the Customer, a sales contract is concluded between the Customer and the Company.
3. Upon receipt of payment, the Company shall immediately send the ordered Product via the Product Delivery Entity selected by the Customer when placing the order to the address indicated in the Order Form. The ordered Product shall be shipped within 7 Business Days of the amount due for the Product being credited to the Company’s account. If the planned delivery date is further changed (extended), the Company shall inform the Customer of this circumstance by contacting them at the email address, telephone number or correspondence address provided by them.
4. In the case of an Order placed via the Store, the Customer may provide address details other than those provided during registration and account creation.
5. Deliveries are made within the territory of the Republic of Poland, in accordance with the terms and conditions of service applicable to the Product Delivery Entity. In the case of Orders delivered by courier, if the Customer or a person authorised by them is not present at the address indicated for delivery, the courier company will make another attempt to deliver the Product. If the Customer or a person authorised by them is again absent at the address indicated, the Product will be returned to the Company. In such a situation, the order may be sent again to the Customer after agreeing the details with the Company. The cost of re-shipping the Product shall be borne by the Customer. If several Products are purchased in a single Order, the ordered Products may be sent to the Customer in more than one shipment. In such a situation, the Customer shall not bear any additional delivery costs.
6. In case of doubts as to the correctness of the Customer’s data, including the delivery address, necessary for delivery, the Company may contact the Customer by e-mail or telephone to verify this data.
7. The Company shall not process Orders that have been filled out incorrectly or where there is a reasonable suspicion that false or fictitious data has been provided. In such a case, the Company shall cancel the Order and immediately notify the Customer thereof at the e-mail address or telephone number provided in the Order Form.
8. Payment for the Product shall be made by bank transfer to the Company’s bank account, the details of which shall be provided after the Order Form has been correctly completed and the Terms and Conditions have been accepted, or via the BLIK application.
9. The content of the sales contract shall be recorded and made available to the Customer by:
a) the Company making these Terms and Conditions available on the Online Store website and the Customer accepting them; and
b) sending the Customer an e-mail referred to in § 3(2) of the Terms and Conditions. The content of the sales contract is additionally recorded and secured in the Company’s IT system.
PRODUCT PRICE
- All prices listed on the Store’s Website are in Polish zlotys and include VAT. The prices of Products presented on the Store’s website do not include the costs of delivery of the Products by the Product Delivery Entity. The total value of the order includes the price of the Product and the costs of its delivery.
The proof of purchase is a VAT invoice issued by the Store and attached to the Order sent to the Customer. All financial transaction costs are borne by the Customer.
3. The costs of delivery of the Products depend on the size of the order and are specified by the Company in the price list available on the Online Store website during the Order.
4. The price list and information on the website www.carfix.ac do not constitute a commercial offer within the meaning of the Civil Code, but only reflect the Products sold by the Company, therefore we do not guarantee the full availability of the Products. By placing an order using the mechanisms available on the store’s website, the Customer makes an offer to purchase a specific product on the terms specified in the product description. The moment of conclusion of the sales contract occurs upon written confirmation of receipt of the goods by the Customer.
5. The Company is obliged to deliver the Product in accordance with the contract. Therefore, the Customer should check the conformity of the delivered Product with the contract and, in the event of any discrepancies, contact the Company immediately to determine further steps.
6. In the case of courier deliveries, before accepting the Product, it should be checked for damage during transport. If the Product is damaged, the delivery should not be accepted. In such a case, the Customer is obliged to contact the Company as soon as possible in order to clarify the matter.
7. If the Customer receives a shipment and finds that it is missing or damaged in a way that was not visible from the outside upon receipt, including, but not limited to:
a) mechanical damage to the contents of the shipment,
b) incompleteness of the shipment,
c) non-compliance of the contents of the shipment with the subject of the Order.
The Customer is obliged to contact the Seller as soon as possible in order to clarify the matter and initiate the complaint procedure.
COMPLAINT PROCEDURE
- The Customer has the right to complain about a Product included in the Order.
2. The Company shall be liable to the Customer if the Product sold has a defect within the meaning of Article 5561 of the Civil Code. The scope and conditions of the Company’s liability for Product defects are determined by the applicable, generally binding provisions of law, in particular the Civil Code (including Articles 556-576 of the Civil Code).
3. Pursuant to Article 558 § 1 of the Civil Code, the Company’s liability under the warranty for the Product towards a Customer who is not a Consumer is excluded.
4. The Customer shall make a complaint by sending a complaint form for the Product in question. In order to speed up the complaint handling process, it is advisable to include the following information in the complaint: the Customer’s details (name and surname or company name), date of submission, invoice number, name and quantity of the Product subject to complaint, description and type of defect, the Customer’s request, contact details (telephone number or email address).
5. Complaints should be sent:
a) in writing to the following address: NOX2 SP. Z O.O. with its registered office in Warsaw, ul. Sarmacka 5G, 00-972, with the note “Complaint” on the envelope, or
b) in electronic form to the following address: info@carfix.ac.
6. The Company shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its receipt by the Company. If the Customer, exercising their rights under the warranty, has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Company has not responded to this request within 14 calendar days, the request shall be deemed justified. The Company shall provide the Customer with all information concerning the complaint procedure to the address and contact details provided by the Customer in the complaint form.
7. The rights of the Customer who is a Consumer are governed by the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287) and the relevant provisions of the Civil Code.
8. If the Product is defective, the Customer who is a Consumer may:
a) submit a statement on price reduction or withdrawal from the sales contract, unless the Company immediately and without undue inconvenience to the Customer replaces the defective Product with a non-defective one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Company or if the Company has not fulfilled its obligation to replace the Product with one free from defects or to remove the defects. Instead of the removal of the defect proposed by the Company, the Customer may demand that the Product be replaced with a defect-free Product or, instead of replacing the Product, demand that the defect be removed, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would involve excessive costs compared to the method proposed by the Company. When assessing the excessive nature of the costs, the value of the Product free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.
b) demand replacement of the defective Product with a defect-free Product or removal of the defect. The Company shall be obliged to replace the defective Product with a defect-free Product or remove the defect within a reasonable time without undue inconvenience to the Customer. The Company may refuse to satisfy the Customer’s request if bringing the defective Product into conformity with the sales contract in the manner chosen by the Customer is impossible or would involve excessive costs compared to the other possible means of bringing the Product into conformity with the sales contract. The costs of repair or replacement shall be borne by the Company.
RULES FOR USING OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS RESOLUTION PROCEDURES
- Detailed information on the possibilities for consumers to use out-of-court complaint and redress procedures and the rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php.
2. A customer who is a consumer has the following examples of options for using out-of-court complaint and redress procedures:
a) The customer is entitled to refer the matter to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2020, item 1706, as amended), with a request for resolution of a dispute arising from the concluded sales contract. The rules of organisation and operation of permanent consumer arbitration courts are laid down in the Regulation of the Minister of Justice on the rules of organisation and operation of permanent arbitration courts at provincial trade inspection inspectors of 6 July 2017 (Journal of Laws of 2017, item 1356).
b) The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (of 2020, item 1706, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Company. Information on the rules and procedure of mediation conducted by the provincial inspector of the Trade Inspection Authority is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection Authority.
c) The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller by also using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
3. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), the Company, as a trader established in the European Union concluding online sales contracts or service contracts, provides an electronic link to the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: https://ec.europa.eu/consumers/odr. The Company’s email address is: info@carfix.ac.
- 7. WITHDRAWAL FROM THE AGREEMENT
- A Customer who is a Consumer who has concluded a distance contract or a contract outside the business premises may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs specified in section 7 below.
2. The period for withdrawal from the sales contract begins for a sales contract under which the Company delivers the Product – from the moment the Product is taken into possession by the Consumer or a third party designated by the Consumer, other than the Product Delivery Entity, and in the case of a sales contract covering multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, for other contracts – from the date of their conclusion;
3. In order to effectively withdraw from the sales contract, it is sufficient to send a statement of withdrawal from the sales contract to the Company before the expiry of the above-mentioned deadline. The consumer may, but is not required to, use the model withdrawal form contained in Annex 2 to the Act of 30 May 2014 on consumer rights. The consumer may use the model form, but this is not mandatory.
4. The statement of withdrawal from the contract, signed by the Customer, may be sent by post to the Company’s address: NOX2 SP. Z O.O. with its registered office in Warsaw, ul. Sarmacka 5G, 00-972 Warsaw, or by email to info@carfix.ac, or it may be submitted in person at the Company’s registered office.
5. In the event of withdrawal from the Sales Agreement, the agreement shall be deemed not to have been concluded to the extent covered by the statement of withdrawal.
6. Upon receipt of a statement of withdrawal from the sales agreement, the Company shall immediately confirm the execution of the instruction to the Customer.
7. The Customer shall bear the direct costs of returning the Product in the event of exercising the right to withdraw from the sales contract in the following situations:
a) If the Consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Company shall not be obliged to reimburse the Consumer for the additional costs incurred by him.
b) In the case of a Product which is a service whose performance, at the express request of the Consumer, began before the expiry of the withdrawal period, the Consumer who exercises the right to withdraw from the contract after making such a request shall be obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of payment shall be calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
8. The Company shall immediately, but no later than within fourteen (14) days from the date on which it received the Buyer’s statement of withdrawal from the sales contract, return to the Consumer all payments made, including for the delivery of the Product (subject to paragraph 7 above). The Company may withhold the refund until it receives the Product back or the Consumer provides proof of its return, whichever occurs first.
9. The Company shall refund the payment to the Buyer using the same payment methods as those used by the Consumer, unless the Consumer has agreed to a different method of refund, which shall not involve any additional costs for the Consumer, e.g. to the bank account number provided by the Consumer in the withdrawal form.
10. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to establish the nature, characteristics and functioning of the Product.
11. The Company does not accept shipments sent “cash on delivery”.
12. The Company informs that pursuant to Article 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw from a distance contract is not available to the Consumer, inter alia, in the case of contracts:
a) where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs;
b) where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Customer is obliged to:
a) use the Online Store www.carfix.ac in accordance with the law, the provisions of the Terms and Conditions and good manners;
b) provide true personal data in the Order Form;
c) not to use the Online Store to place false orders or provide personal data of other persons as their own data or engage in any other behaviour contrary to good manners.
2. The Customer declares that all information provided by them in any form while using the Online Store and during the processing of the Order and any complaint process is true and to the best of their knowledge.
3. The Company has the right to temporarily suspend the placing of Orders in the Online Store for the duration of technical maintenance and modernisation of the website.
4. The Company has the right to withdraw from the Order at any time, in particular in the event of a breach of the Terms and Conditions by the Customer, provision of incorrect personal data, company data or payment details by the Customer. Notwithstanding the above, the Company is entitled to take appropriate action in the event of a breach of generally applicable law by the Customer.
DISPUTE RESOLUTION
- In the event of a dispute arising in connection with the performance of the contract, the Parties shall endeavour to resolve the dispute amicably.
2. Another out-of-court dispute resolution method is indicated in § 7(3) of these Terms and Conditions.
3. Any disputes arising between the Customer and the Company shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
NEWSLETTER
- The Customer may consent to receiving the Newsletter provided by the Company. The Newsletter is sent only to Customers who have ordered the Newsletter by ticking the appropriate box in the registration form or Order Form and have consented to receiving commercial information at the e-mail address provided (e-mail address) commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
2. As part of the Newsletter service, information in the form of an electronic letter (e-mail) is sent via e-mail to the e-mail address provided by the Customer. The Newsletter contains, in particular, information about product offers, current promotions and other information about products offered by the Store. The Newsletter is sent free of charge.
3. The Customer may at any time, without giving any reason and at no cost, change the e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter by clicking on the Newsletter link in the footer of each Newsletter, entering their e-mail address in the appropriate field, and then selecting the “Unsubscribe” button.
CHANGES TO THE TERMS AND CONDITIONS
- The Company reserves the right to amend these Terms and Conditions, including to reflect changes in the law, changes to the functions offered through the Store, the introduction of new services in the Store, to better protect the interests of Customers, to clarify issues that raise doubts among Customers, organisational changes on the part of the Company, or the inability of the Company to continue providing services under the current terms and conditions.
2. Amendments to the Terms and Conditions shall not result in the loss of any rights acquired by the Customer, provided that such rights were acquired in accordance with the law.
3. All Orders accepted by the Company for execution before the date of amendment of the Terms and Conditions shall be executed on the basis of the Terms and Conditions in force on the date of placing the Order by the Customer, unless the provisions of the new version of the Terms and Conditions are more favourable to the Customers.
4. The Company shall notify Customers of any amendments to the Terms and Conditions by sending relevant information to the email addresses provided by them when creating their Account at least 14 days before the planned changes come into force. The Company shall also publish information about the amendments to the Terms and Conditions on the Online Store Website at least 14 days before the planned changes come into force.
5. If the Customer does not accept the new content of the Terms and Conditions, they should notify the Company within 14 days of receiving information about the change to the Terms and Conditions. Failure to object within 14 days of the date of notification will be considered, in case of doubt, as acceptance of the new version of the Terms and Conditions.
6. A change in the form and nature of the Store, in particular a change in the graphic design of the Store, the addition of new functionalities or photos, shall not constitute an amendment to these Terms and Conditions, provided that such changes are not contrary to the provisions of these Terms and Conditions.
FINAL PROVISIONS
- The store is owned by the Company. All trademarks, service marks and names appearing on the Website are the property of the Company or the right to use them by the Company arises from separate agreements with authorised entities. The text, graphics and IT solutions contained on the website www.carfix.ac are protected by law, in particular by the provisions of the Act of 4 February 1994 on copyright and related rights.
2. The Store, as well as its individual elements, may not be modified, copied, distributed or published for commercial purposes, unless the Company gives its prior written consent.
3. Neither Website Users nor Customers shall have the right to use the materials and works posted on the Website without the prior express consent of the Company, under pain of full liability for damages to the Seller and to the authors of individual works.
4. By using the Website, you take full responsibility for any behaviour that breaks the law and for any damage caused by such behaviour, including to third parties.
5. The minimum hardware requirements for the Customer to use the Online Store are as follows: Mozilla Firefox version 83 or later, or Google Chrome version 87 or later with JavaScript enabled. When using the Online Store, cookies are installed on the Customer’s IT system. The condition for using the services provided electronically by the Company is to enable the installation of cookies.
6. In matters not covered by these Terms and Conditions, the provisions of the Civil Code and the Consumer Rights Act shall apply.
7. These Terms and Conditions shall enter into force on 12 December 2023.