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General Terms & Conditions of Delivery

  1. Definitions In these General Terms and Conditions of Delivery, capitalized words and phrases shall have the meaning set out below
    1. MD: the private company Motor Decals, user of these General Terms and Conditions of Delivery;
    2. Consumer: a natural person not acting in a professional or commercial capacity;
    3. Day: a calendar day;
    4. General Terms and Conditions of Delivery: these general terms and conditions for the sale and delivery of Products and services to Consumers;
    5. Product: any product offered for sale, sold or delivered by MD
    6. Terms of Use: the terms that are applicable to accessing and using the Website, as published on the Website;
    7. Website: motor-decals.com, on which it is possible to communicate electronically with MD and view Products and Product Data, purchase Products, and view order information.
  2. Communication
    1. All communication between MD and the Consumer will preferably take place online, whereby the Consumer will be able, by logging in to the Website, to use the support ticket system clearly described on the Website, or by telephone during regular opening hours from Monday through Friday between 07:00 and 15:00, via number +48731007110 or by e-mail: [email protected].
  3. Scope
    1. These General Terms and Conditions of Delivery apply to each offer and each quotation and/or communication of MD and every remote agreement concluded between MD and the Consumer.
    2. Before a (remote) agreement is concluded, the text of these General Terms and Conditions of Delivery is made available to the Consumer in a way that enables him to view, print and easily save them.
    3. Any derogations from and additions to these General Terms and Conditions of Delivery are valid if agreed in writing between the parties only.
    4. If any provision of these General Terms and Conditions of Delivery is void or voided, the other provisions of these General Terms and Conditions of Delivery remain in full force and effect. In that case MD and the Consumer will consult on new provisions to replace the invalid or voided provisions.
    5. In addition to the rights the Consumer may have under these General Terms and Conditions of Delivery, the mandatory rights and remedies under the applicable consumer protection laws will be fully applicable. The Consumer's statutory warranty will not be affected by any manufacturer's guaranty.
  4. Offering Products
    1. Any offer, proposal, quotation and/or communication from MD is without obligation and only valid for as long as stocks last.
    2. All Products offered by MD are clearly described, stating the product number and, if available, the factory and model -specific data.
    3. MD devotes the greatest possible care to the information on its Website. All images of Products are as true to the Products offered as possible. However, MD cannot guarantee the accuracy of the information and images.
    4. Minor deviations in the delivered Products that are technically unavoidable or which are considered generally accepted in the course of trade may occur.
    5. Based on the data provided by a Consumer upon registration on the Website, MD will provide clear information about the price of the Product and the taxes applicable within the EU, the costs of delivery, and the manner in which the Consumer will be able, before concluding an agreement, to verify the data provided by him in the context of the agreement and, if necessary, to correct and/or supplement this data. All prices are quoted in Euro, unless otherwise stated.
  5. The agreement
    1. Subject to the provisions of clause 5.4, all contracts shall be concluded at the moment the Consumer accepts the offer and meets the applicable conditions; all MD offers are subject to availability. In the event that the Product ordered by the Consumer is discontinued by the manufacturer and is no longer available, MD reserves the right to cancel the order and refund the costs or, without informing the Consumer, at its own discretion, to supply an equivalent substitute Product in accordance with paragraph 4.4 of the products offered by MD.
    2. If the Consumer has accepted the offer electronically, MD will immediately confirm receipt of acceptance of the offer by electronic means. The Consumer may terminate the agreement for as long as MD has not confirmed receipt of this acceptance.
    3. If the agreement is concluded electronically, MD will take appropriate technical and organizational measures to ensure the security of the electronic data transfer and will provide a secure web environment. If the Consumer is given the option to pay electronically, MD will ensure that appropriate security measures are in place.
    4. MD reserves the right, subject to the restrictions of the law, to verify the creditworthiness of the Consumer and all facts and factors that may be material in connection with responsibly concluding (remote) agreements. If, further to such verification, MD has good grounds to decide against concluding the agreement, MD may reject the order or request, stating reasons, or attach special conditions to executing the order.
  6. Delivery periods
    1. The delivery periods stated by MD are determined on the basis of the information known at the time when the order is placed. The stated delivery periods are always considered target dates and depend among other things on the stock of MD’s suppliers. Delivery periods will never be strict deadlines.
    2. The Consumer will be notified within 45 days of placing the order if it is not possible to fulfill the order, or part thereof, within 45 days, in which case he will be entitled to cancel the order free of charge. In that case, MD will refund the amount paid by the Consumer as soon as possible but no later than 14 days after cancellation.
  7. Delivery, accepting delivery, change of delivery address
    1. The place of delivery is the address that the Consumer has stated to MD and that is specified on the order confirmation. The risk of damage and/or loss of Products rests with MD until the moment of delivery to the Consumer or to a representative designated in advance and communicated to MD.
    2. The Consumer is obliged to accept delivery of the ordered Products upon delivery by the carrier at the delivery address. If the Consumer refuses to accept delivery of the ordered Products and/or otherwise frustrates the delivery and/or does not sign for receipt, the order will be returned by the carrier to MD and the costs of returning and storing the goods, payment on delivery and the customary compensation of the transport and ordering services of the carrier engaged by MD will be payable by the Consumer. MD may set off these costs against any payments made by the Consumer to MD for the order.
    3. The delivery address specified in the order may only be changed with MDs prior consent. A request for a change of address must be submitted to MD via the Website.
    4. Upon receipt of a request for a change of address as referred to in Clause 7.3 above, MD will notify the Consumer whether the request can be granted. MD may make granting the request subject to additional conditions, in view of the transport risk or risk of loss of and/or damage to the Products to be transported, and as regards the full payment of the purchase price of the order and any related other orders, as well as additional transit or transport costs.
    5. The Consumer is not permitted to notify the carrier of a change in the delivery address as specified in the order directly without the involvement of and without consulting MD. MD will, in that event, not be responsible for a correct delivery, and the risk of loss of and/or damage to the ordered Products will pass to the Consumer ; MD will in no event be liable for any damage however named as a result of a change in the delivery address.
  8. Conformity
    1. MD will endeavour to ensure that the offered Products comply with the agreement and the specifications stated in the offer, as well as with the reasonable requirements of soundness and/or suitability, subject to the technical standards of sustainability and safety and environmental standards to be reasonably imposed on the Products, depending on the year and time of production of the Products. MD expressly does not warrant the suitability of the offered Products for a purpose other than normal use, or for any special use intended by the Consumer, unless MD and the Consumer have unconditionally agreed such special use in writing.
  9. Right of withdrawal
    1. The Consumer may withdraw (cancel) the agreement for the purchase of a Product or Products, without stating reasons, within a fourteen -day reflection period.
    2. The reflection period commences the day after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, has received the Product, or, if the Consumer has ordered several items in one and the same order that are supplied separately, the day after the day on which the Consumer or a third party designated by the Consumer has received the last Product.
    3. During the reflection period the Consumer must treat the Product with due care and may only open the packaging and/or Sealing to the extent necessary to be able to test the Product and to decide whether the Consumer wishes to keep the Product. The Product may not be assembled or installed.
    4. If the Consumer exercises his or her right of withdrawal, he/she must return the Products, together with all delivered accessories, in their original condition, without damage and/or assembly traces and – if reasonably possible – in the original packaging. The Consumer is required to follow the instructions clearly indicated by MD on the Website under "Return and Exchange Policy".
    5. The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal rests with the Consumer.
    6. The costs of returning the Products are payable by the Consumer. MD will refund the purchase amount paid by the Consumer, excluding the original shipping costs, to the Consumer within 14 days after the Products are returned to MD, or after the Consumer has demonstrated that he has returned the Products, depending on which is earlier. Reimbursement will take place using the same payment method used by the Consumer to buy the Product, unless the Consumer consents to another method.
    7. MD may exclude the following Products from the right of withdrawal, provided MD has clearly stated this in the offer, or before the agreement is concluded at least: Products manufactured on the Consumer's specifications, which are not prefabricated, and which are manufactured on the basis of an individual choice or decision of the Consumer, and/or which are clearly intended for a specific person.
  10. Complaints procedure
    1. Complaints must be submitted to MD, together with a full and clear description, within a reasonable period of time after the Consumer has discovered something that gives rise to a complaint. The complaint may be submitted using the ticket system listed on the Website under "Service and Support". Complaints will be processed within 24 hours of receipt; MD endeavors to settle all complaints within 14 days of receipt. If it is foreseeable that a complaint will require more time to settle, MD will notify the Customer of this within 14 days, giving an indication when the Consumer may expect a more detailed answer.
  11. Payment and retention of title
    1. Unless prepayment is agreed on with the Consumer, and to the extent that the parties have not agreed a different arrangement, all amounts owed by the Consumer are payable within the payment term stated in the offer and on the invoice.
    2. In the event of late payment MD reserves the right to refer its claim against the Consumer for collection, in which event the collection costs will be payable by the Consumer.
    3. All Products delivered under an agreement remain the property of MD until the Consumer has fully paid everything he or she owes MD under the purchase agreement. If MD is forced to invoke its retention of title, the Consumer is obliged to fully cooperate with MD to enable MD to recover the goods in question.
  12. Liability
    1. To the extent permitted under mandatory consumer protection law, the only remedy a Consumer has in respect of a defective Product is limited to replacing or repairing that Product free of charge.
    2. To the extent permitted under mandatory consumer protection law, MD will in no event be liable for indirect or consequential damage suffered by the Consumer, including but not limited to missed opportunities, loss, loss of data, third -party damage, relating to or arising from the agreement or the Consumer's use of the Products supplied by MD.
    3. To the extent permitted under mandatory (consumer protection) law, MD's liability for damage caused to the Consumer for any reason whatsoever, in all cases for each separate event (whereby series of related events is considered a single event) will be limited to the invoiced amount actually paid by the Consumer to MD for the relevant Product under the agreement, excluding shipping costs, and in any event to what an insurer pays out in the event concerned, plus MD's deductible.
  13. Force majeure
    1. In addition to the Polish Civil Code, if and in so far as an event of force majeure occurs, MD cannot be required to perform its obligations towards the Consumer and/or MD will be entitled to suspend its obligations for the duration of the event of force majeure.
    2. In addition to the Polish Civil Code, an event of force majeure is understood to mean all external causes as a result of which MD is unable to perform its obligations under the (remote) agreement. This includes but is not limited to, strikes at third parties and/or at MD’s suppliers; disruption of the Internet or telecommunication facilities; and/or stagnation in the supply at suppliers or other third parties engaged, and causes caused by government measures.
    3. If an event of force majeure continues for more than 90 days, both parties may terminate the agreement in writing, without MD being liable to pay the Consumer any damages.
  14. Personal data
    1. The processing of personal data by MD in connection with the performance of the agreement takes place in accordance with its privacy statement, which may be consulted on : Privacy Statement
  15. Terms of Use
    1. The Terms of Use of the MD Website apply to all visitors to the Website, including the Consumer who places an order via the Website. Available here: Terms Of Use
  16. Applicable law; disputes
    1. To the extent permitted under mandatory consumer protection law, all agreements between MD and the Consumer are governed by Polish law. To the extent necessary, the applicability of the 1980 Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
    2. All disputes arising from these General Terms and Conditions of Delivery, the delivery of Products, and from any agreement, offer, or from agreements arising from or related thereto, will be exclusively submitted to the competent court in the district of Koszalin.
  17. Amending the terms
    1. All supplementary provisions and provisions deviating from these General Terms and Conditions of Delivery must be laid down in writing or in such a manner that the Consumer is able to save them in an accessible manner on a permanent data carrier.
    2. Polish, English, Dutch, Spanish, Italian, French and German version has been prepared of these General Terms and Conditions of Delivery. In the event of lack of clarity or conflict, the Polish text of these General Terms and Conditions of Delivery will prevail and will at all times be decisive for the interpretation of the provisions contained in the other languages versions.