Terms and Conditions

These Terms set out the rules for concluding and performing sales contracts at oem-motordecals.com and for the provision of services by electronic means.

§ 1The Seller and contact details

1. The online shop at oem-motordecals.com is operated by:
   MOTOR DECALS BEATA KIZIUKIEWICZ ul. Słowiańska 17, 75-846 Koszalin, Poland VAT ID: PL4990494114 REGON: 383944951 e-mail: [email protected] phone: +48 731 007 114
2. The business is entered in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG).
3. The address above is the address for returns and complaints. It is not a warehouse and not a collection point - goods are dispatched directly from the warehouse - but return shipments must be sent to this address.
4. Calling us costs no more than a standard telephone call.

§ 2Definitions

1. Seller - the entity identified in § 1.
2. Customer - anyone concluding a contract with the Seller.
3. Consumer - a natural person concluding a contract not directly connected with their business or professional activity.
4. Sole trader with consumer protection - a natural person running a business who concludes a contract directly connected with that business where the contract is clearly not of a professional nature for them. Provisions concerning Consumers apply to them accordingly.
5. Item - a product offered in the shop.
6. Item in stock - an Item held in the Seller's warehouse.
7. Item ordered on request - a mass-produced Item, marked on the product page as ordered on request, which the Seller does not keep in stock and orders from its supplier after the contract is concluded. This is not an item made to the Customer's specification.
8. Personalised Item - an Item made to the Consumer's specification, in particular with a changed colour, shape or lettering, not offered in the shop catalogue, whose terms are agreed individually by e-mail.

§ 3Scope

1. These Terms govern sales contracts and the provision of services by electronic means (customer account, contact form, newsletter).
2. These Terms are available free of charge in a form allowing them to be downloaded, reproduced and stored.
3. Using the shop requires a device with internet access, a current browser with JavaScript and cookies enabled, and an active e-mail address.
4. Supplying unlawful content and any action disrupting the operation of the shop are prohibited.

§ 4Account and guest orders

1. Orders may be placed with or without an account.
2. Creating an account is free and voluntary. The account agreement is concluded for an indefinite period.
3. The account may be deleted at any time by sending a request to the Seller's e-mail address. Deleting the account does not affect sales contracts already concluded.
4. The Seller may delete an account if the Customer grossly breaches these Terms, after prior notice and a deadline to stop the breach.

§ 5Conclusion of the contract

1. Information in the shop constitutes an invitation to conclude a contract, not an offer.
2. The Customer places an order by completing the basket and confirming it with a button marked as an order with an obligation to pay.
3. Before confirming the order the Customer is shown: the description of the Item, the final price including taxes, the delivery cost, the method and time of payment and the expected delivery time. For deliveries outside the European Union the price does not include import charges of the destination country - § 6 (2) applies.
4. The contract is concluded when the Customer receives confirmation of acceptance of the order at the e-mail address provided.
5. The confirmation referred to in (4) contains the content of the concluded contract, including the withdrawal notice and the model withdrawal form, and is provided on a durable medium.

§ 6Prices and taxes

1. Prices are shown in the currency indicated in the shop and include VAT applicable to the country of delivery. The prominently displayed amount is the final price for the Consumer.
2. For deliveries outside the European Union the price does not include VAT. Customs duty, taxes and import charges in the destination country are borne by the Customer and are not covered by the price or the delivery cost.
3. For a Customer registered for EU VAT who provides a valid EU VAT number, the sale may be settled at 0 % as an intra-Community supply of goods, provided the statutory conditions are met.
4. The binding price is the price shown in the order summary at the moment the order is confirmed.
5. The delivery cost is stated separately, before the order is confirmed.

§ 7Payment

1. Available payment methods are presented in the order summary.
2. Electronic payments are handled by external payment service providers; the Seller does not process payment card data.
3. If payment is not made within 7 days of the conclusion of the contract, the Seller may withdraw from the contract after calling on the Customer and setting an additional deadline.
4. A sales document is issued for every order and delivered electronically.

§ 8Delivery, time limits and risk

1. The Seller delivers the Item to the address given in the order, by the methods presented in the order summary.
2. The delivery time is stated on the product page and runs from the conclusion of the contract or, where payment is made in advance, from its receipt. This period does not exceed 30 days. If the Seller cannot perform within that period, it notifies the Customer without delay.
3. If the Seller has not delivered the Item within the agreed period, the Consumer sets an additional deadline. Once that deadline has passed without effect, the Consumer may withdraw from the contract.
4. The risk of loss of or damage to the Item passes to the Consumer when the Item is handed over to them by the carrier - regardless of the delivery method chosen, including untracked shipping.
5. Untracked shipping is not covered by tracking. The Seller states this when the method is selected, which does not change the rule in (4).
6. If the Item is not delivered to the Seller by its supplier within the expected time, the Seller notifies the Customer without delay and gives a new expected date. The Customer may then wait or withdraw from the contract and receive a full refund. The Consumer's rights under (3) remain unaffected.

§ 9Items ordered on request and personalised Items

1. An Item ordered on request is marked as such on the product page together with the expected delivery time. The right of withdrawal under § 10 applies to Items ordered on request in full.
2. Personalised Items are not offered in the shop catalogue. Their scope, appearance, price and lead time are agreed individually by e-mail.
3. Before the Consumer accepts a quotation for a Personalised Item, the Seller informs them that once the Item has been made the right of withdrawal will not apply. The contract is concluded when the Consumer expressly accepts the quotation.
4. If the information referred to in (3) is not given, the Consumer has the right of withdrawal on general terms.
5. The lead time for a Personalised Item is agreed individually in the quotation and may be longer than the period referred to in § 8 (2). It binds the parties from the moment the quotation is accepted.

§ 10Right of withdrawal

1. The Consumer may withdraw from the contract within 14 days without giving a reason and without incurring costs other than those set out in (7) and (8).
2. The period runs from the day on which the Consumer, or a third party other than the carrier indicated by them, takes possession of the Item; where the contract covers several Items delivered separately - from taking possession of the last of them.
3. To meet the deadline it is sufficient to send the statement before the period expires.
4. The statement may be made in any unambiguous form - in particular by e-mail, in writing, or using the form in Annex 2. The Seller provides a returns form (RMA) in the shop which guides the Customer step by step and allows the request to be tracked - this route is recommended but not mandatory. A withdrawal made in any other way is equally effective.
5. The Item must be sent back without delay and no later than 14 days from withdrawal, to the address given in § 1 (1).
6. The Seller refunds all payments received, including the cost of delivering the Item to the Consumer, without delay and no later than 14 days from receipt of the statement. The Seller may withhold the refund until it has received the Item back or proof of its return - whichever occurs first.
7. If the Consumer chose a delivery method more expensive than the cheapest ordinary method offered by the Seller, the Seller refunds the cost up to the amount of that cheapest option.
8. The direct cost of returning the Item is borne by the Consumer.
9. The refund is made using the same means of payment used by the Consumer, unless they expressly agree to another method that involves no cost for them.
10. The Consumer is liable for any diminished value of the Item resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning. Examining the Item to the extent that would be possible in a shop does not give rise to such liability.

§ 11Exceptions to the right of withdrawal

1. The right of withdrawal does not apply to contracts whose subject is a Personalised Item within the meaning of § 2 (8) - not prefabricated, made to the Consumer's specification or clearly tailored to their individual needs.
2. This exception applies only where the Seller informed the Consumer of it before the contract was concluded, in accordance with § 9 (3).
3. The exception does not cover Items ordered on request or any Item offered in the shop catalogue.

§ 12Conformity of the Item with the contract

1. The Seller is liable to the Consumer for any lack of conformity of the Item with the contract existing at the time of delivery and revealed within two years of that time.
2. A lack of conformity revealed within two years of delivery is presumed to have existed at the time of delivery.
3. In the event of a lack of conformity, the Consumer may request repair or replacement of the Item. The Seller carries this out within a reasonable time, without significant inconvenience and at its own cost, including the cost of collection and return of the Item.
4. ['The Consumer may make a statement on a price reduction or withdrawal from the contract where:', ['the Seller has refused repair or replacement or has failed to bring the Item into conformity;', 'the lack of conformity persists despite an attempt to bring the Item into conformity;', 'the lack of conformity is so serious as to justify a price reduction or withdrawal without first requesting repair or replacement;', "it is clear from the Seller's statement or from the circumstances that it will not bring the Item into conformity within a reasonable time or without significant inconvenience."]]
5. The Consumer may not withdraw from the contract if the lack of conformity is immaterial.
6. These rights apply irrespective of any manufacturer's guarantee.

§ 13Complaints

1. A complaint may be submitted by e-mail to [email protected], in writing to the address given in § 1, or through the complaint form available in the shop.
2. The complaint should include the Customer's details, the order number, a description of the lack of conformity and the request. Missing details are not an obstacle - the Seller will ask for them.
3. The Seller responds to a Consumer's complaint within 14 days of receiving it. Failure to respond within that period means the complaint is accepted.
4. The Seller informs the Customer of the outcome on a durable medium.
5. Complaints concerning services provided by electronic means are handled in the same way.

§ 14Customers who are not consumers

1. This paragraph applies only to Customers who are neither Consumers nor sole traders with consumer protection.
2. The right of withdrawal under § 10 does not apply.
3. The risk of loss of or damage to the Item passes to the Customer when the Item is handed over to the carrier.
4. The Seller's liability under the statutory warranty is excluded.
5. The Seller's liability in damages is limited to the value of the order and does not cover loss of profit.
6. The court having jurisdiction is the court for the Seller's registered office.

§ 15Personal data

1. The controller of personal data is the Seller identified in § 1.
2. The rules of processing, the legal bases, retention periods and the rights of data subjects are set out in the Privacy Policy available in the shop.
3. Providing data is voluntary but necessary to conclude and perform the contract.

§ 16Disputes

1. The Consumer may use out-of-court complaint and redress mechanisms, in particular by applying to the regional inspector of the Trade Inspection for mediation or to the permanent consumer arbitration court operating at the inspectorate, and may also seek the assistance of the district (municipal) consumer ombudsman.
2. The Seller does not undertake to use out-of-court dispute resolution and is not bound by any code of conduct in this respect. This does not limit the Consumer's rights under (1) or the right to pursue claims before a court.

§ 17Changes to these Terms

1. The Seller may amend these Terms for valid reasons: changes in the law, changes to payment or delivery methods, changes to the scope of services provided by electronic means, or the need to remove ambiguities.
2. The Seller gives at least 14 days' notice of any change by publishing the new text in the shop and, for account holders, by sending notice to their e-mail address.
3. A Customer holding an account may terminate the account agreement within that period.
4. Contracts concluded before a change takes effect are governed by the Terms in their previous wording.

§ 18Final provisions

1. Matters not covered by these Terms are governed by Polish law. This choice of law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.
2. Disputes with a Consumer are heard by the court having jurisdiction under general rules.
3. If, after the contract has been concluded, the ordered Item turns out to be unavailable, the Seller notifies the Customer without delay by e-mail. The notice states which Item would be replaced and why, which equivalent Item the Seller proposes instead, and a period - not shorter than 3 days - within which the Customer may object.
4. If no objection is raised within that period, the Seller treats this as consent to dispatch of the equivalent Item. A Customer who does not accept the equivalent Item after receiving it may return it at the Seller's cost and receive a full refund. This does not limit the right of withdrawal under § 10.
5. If the Customer objects, the Seller refunds all payments received.
6. These Terms apply from the day they are published in the shop.
7. The Annexes form an integral part of these Terms.

Annex 1 - Information on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Where the contract covers several goods delivered separately - from the day on which you acquire physical possession of the last of the goods.

To exercise the right of withdrawal, you must inform us:

of your decision to withdraw from this contract by an unequivocal statement - for example a letter sent by post or e-mail. You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Annex 2 - Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. Using it is not obligatory.