B2B Terms and Conditions

TERMS AND CONDITIONS OF THE SALE OF MOVABLE PROPERTY ON THE B2B WEBSITE
www.centercar-silniki.pl

A.

1. In fulfilment of the obligations arising from the Act on Providing Services by Electronic Means, these Terms and Conditions for the provision of services by electronic means—the sale of movable property via the website at: www.centercar-silniki.pl—hereinafter referred to as the “Terms and Conditions”, are hereby established.

2. The sale of goods through this website—hereinafter referred to as the “Store”—is conducted by the company CENTER CAR sp. z o.o., with its registered office at Godzikowice 25, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001004642, NIP: 9121938810, Regon: 52375996400000—hereinafter referred to as the “Company”—website address: www.centercar-silniki.pl, website administrator’s e-mail address: kontakt@centercar-silniki.pl, contact telephone number: +48 781 080 080. The above basic information is provided clearly, unambiguously and directly through the information and communications system used by the Store.

3. The Company provides the Terms and Conditions free of charge to persons using the Store before concluding a contract for the sale of movable property through the Store, enabling them to obtain, reproduce and save them using the information and communications system operated by the Company. The Terms and Conditions in .pdf format are available for download at: https://centercar-silniki.pl/regulamin-b2b.pdf.

B.

4. Through the website, the Company sells movable property of the types specified below.

5. The Company sells new or used movable property, in particular of the following types: remanufactured cylinder heads, oil pumps, remanufactured engines and crankshafts, from its current commercial offering available at: https://centercar-silniki.pl/kategoria/silniki/ , which includes, in particular, technical descriptions and sale prices of the movable property.

6. Through the website and in accordance with the Terms and Conditions, the Company determines the terms and handles all essential stages of the process of selling the movable property referred to in point 5, i.e. listing it for sale, processing orders, concluding sales contracts, delivering the movable property and providing after-sales service.

7. The Company provides the services offered on the website exclusively to entrepreneurs within the meaning of Article 431 of the Civil Code, i.e. in particular those entered in the Register of Entrepreneurs of the National Court Register or the Central Register and Information on Business Activity, other than those referred to in Article 7aa of the Consumer Rights Act, hereinafter collectively referred to as “Customers”.

C.

8. The minimum technical requirements that the devices and software used by the Customer when using the Store must meet are as follows:

a) a terminal device with access to the Internet,
b) an up-to-date web browser supporting HTML5, CSS3 and JavaScript,
c) cookies and JavaScript enabled in the web browser,
d) an active e-mail account, if required to place an order, create an Account or contact the Seller,
e) a minimum screen resolution enabling the Store’s content to be displayed correctly, not lower than 1024 x 768 pixels,
f) software enabling the reading of files in PDF format, if the Store provides documents in this format.

9. The Company categorically prohibits Customers from providing, via the Store, content of any kind, form or origin that is unlawful. In the event of a breach of the above prohibition, the Company will seek legal protection before courts and other judicial authorities.

D.

10. The Company specifies the following terms and conditions for concluding sales agreements for movable property referred to in point 5 of the Terms and Conditions.

1) The movable property sold may be brand new and unused, free from physical and legal defects, or used, free from physical and legal defects. The Company clearly indicates which of the above categories applies to each item of movable property offered for sale, while the Customer is required to expressly declare whether they wish to purchase new or used movable property from the Company. In case of doubt, the Parties shall presume that the movable property is used, as this follows from the Company's core business.

2) The Company strongly recommends that Customers comply with all applicable rules for using movable property, in particular using it in accordance with its intended purpose and in devices intended for this purpose, with installation performed by qualified personnel equipped with the devices and software necessary for the proper installation of the movable property, ensuring the proper interaction of components associated with the movable property and its use.

3) The sale prices of movable property are gross prices (i.e. they include the applicable VAT) and are expressed in Polish złoty.

4) The Customer may register in the Store by creating an individual account, but using the Store does not require registration or creating an account. Registering a Customer account enables order tracking, access to purchase history and use of promotions.

5) Orders are placed by adding one or more items of movable property to the Cart and proceeding through the remaining order process. Acceptance of the Terms and Conditions and provision of delivery details (or personal data) are also required, including a correct, existing email address and telephone number at which the Company can confirm the order. The data referred to in the preceding sentence are necessary for concluding the sales agreement and for its performance by the Company.

6) The Customer's submission of an Order constitutes a declaration of intent to conclude with the Company a sales agreement for the movable property selected by the Customer, on the terms set out in the Terms and Conditions.

7) A condition for fulfilling an order is its confirmation by the Company, made by email entitled “Order in progress” and sent to the email address provided by the Customer, containing information that the order has been accepted, as well as the Company's receipt of the full sale price for the movable property.

8) Orders for movable property may be placed 24 hours a day, throughout the year. Orders placed on weekdays after 1:00 p.m., on Saturdays, Sundays or public holidays will be reviewed and fulfilled on the first subsequent business day.

9) Orders containing incorrectly completed Customer details, including contact details (e.g. a non-existent email address or no telephone number), will not be processed. In each case, the Company reserves the right to verify the order and cancel it where there are grounds for questioning the reliability of the order or where the ordered movable property is unavailable (in the case of advance payment of the sale price, the refund will be made within 7 business days, without interest).

10) The availability of the movable property selected by the Customer in the Company's warehouse is a condition for accepting and fulfilling the order. If the ordered movable property is unavailable, the Company undertakes to inform the Customer of the possibility or timing of fulfilling the order. The Customer may withdraw from the purchase and/or modify the order. In such a case, neither Party shall assert any claims against the other arising from the failure to fulfil or modification of the order.

11) If circumstances arise that make it wholly or partially impossible to fulfil an order placed, the Company reserves the right to suspend fulfilment of the order and undertakes to notify the Customer of the situation without delay. In such a case, neither Party shall assert any claims against the other arising from the failure to fulfil the order.

12) Orders will be fulfilled immediately after the Company confirms acceptance of the Order and the full sale price has been paid.

13) For reasons beyond the Company's control, the fulfilment times for orders sent to the Customer may be extended. The Company will inform the Customer of such events arising from circumstances attributable to the carrier.

14) The Company delivers ordered and paid-for movable property using a reputable carrier, namely DHL. The estimated delivery time within the country is 3-5 days from the date the shipment is accepted for carriage. The Company is not responsible for the accuracy or timeliness of the transport services.

15) The Customer may collect the ordered movable property at their own expense from the Company's facility at: Godzikowice 25, 55-200 Godzikowice.

16) The stated prices of movable property do not include the cost of shipping to the Customer. Shipping costs using the reputable carrier DHL are calculated when placing the order in the Store and paid together with the sale price of the movable property.

11. The Store offers the following payment methods for movable property:

a) online payment via PayU,
b) BLIK,
c) instalment payment systems (i.e. PayU Raty, PragmaPay, for example) available via the visible hyperlink in the Store.

12. The Seller reserves the right to change the prices of movable property offered in the Store, add new movable property to the Store's offering, conduct and cancel promotional campaigns, or modify them. The Seller's exercise of the above right does not affect the prices of movable property applicable to the Customer at the time the Customer places an order.

13. The Company does not conduct wholesale sales of movable property, which it defines as one Customer ordering more than 5 items of movable property in a single month. If the Customer intends to purchase movable property in wholesale quantities, the Company may enter into negotiations with the Customer aimed at agreeing individual sale terms.

14. The Customer consents to the Company sending invoices electronically to the email address provided by the Customer, in .pdf or another non-editable format.

E.

15. With respect to movable property sold in the Store, the Company excludes the application of Article 471 and Articles 556–576 of the Civil Code.

16. The Company provides a quality warranty for the movable property sold on the following terms:

a) for new movable property: the manufacturer's (importer's) quality warranty applies, if granted,

b) for used movable property:

• the quality warranty lasts 12 months from the date of sale,
• the quality warranty is granted once and is not extended if the warranty is used,
• the Company performs its obligations under the quality warranty at its facility at: Godzikowice 25, 55-200 Godzikowice,
• a condition for using the quality warranty is that the Customer arrange delivery of the movable property to and its collection from the Company's facility; the Company will reimburse the Customer for documented delivery and collection costs only if the Customer's claim is accepted,
• the Company will review quality warranty claims within … days from the date the movable property is delivered to its facility; if an expert opinion is required, this period will be extended by the time needed to prepare such opinion,
• the Company is not liable for any damage incurred by the Customer resulting from the use of the warranty,
• the warranty does not cover events resulting from:

 using the movable property contrary to its intended purpose or in devices not intended for this purpose,
 installation or other servicing performed by personnel without appropriate qualifications, or without the equipment or software necessary for the proper installation or operation of the movable property,
 defects or malfunction of components associated with the movable property and its use,
 wear of consumable parts; use of inappropriate consumable parts (i.e. substitutes, unsuitable oils or greases, or reconditioned parts, for example); failure to observe operating requirements (i.e. replacement of oils or greases),
 neglect or negligence; the Customer's contribution to the deterioration of the condition of the movable property,
• the warranty for the movable property is granted to the Customer and is non-transferable,

17. The Customer may notify the Company of their intention to use the quality warranty at the following email address: … by:

a) proof of purchase of the movable property from the Company,
b) a detailed description of the condition of the movable property subject to the complaint,
c) photographs of the movable property,
d) copies of invoices or other documents identifying the entities that performed work on the movable property,
e) other information relevant in the circumstances.

18. Upon receiving the Customer’s warranty claim, the Company will engage in a dialogue with the Customer aimed at determining its liability under the quality warranty and properly processing the claim.

F.

19. The Company does not provide for the termination of sales agreements concluded with Customers under the special terms of the Regulations; the generally applicable provisions of the Civil Code therefore apply in this respect, as amended by the Regulations and accepted by the Customers.

G.

20. The Company provides Customers with access to up-to-date information on specific risks associated with the use of services provided electronically—in an annex to the Regulations—updated periodically as the risks change, which does not constitute an amendment to the substantive provisions of the Regulations.

21. The Company informs Customers that software or data that do not form part of the content of the service may be introduced into their ICT systems, in particular in the form of cookies and similar information technologies, whose functions include ensuring the proper operation of the Store, maintaining the Customer’s session after login, remembering the Customer’s settings and preferences, handling the shopping cart and forms, and compiling statistics on the use of the Store, with the aim of ensuring the proper performance of services provided electronically, improving the quality of the Store’s operation, and adapting its functionality to the Customer’s needs.

22. The Company ensures the unambiguous identification of the parties to the service provided electronically—in particular, the Customer—and confirmation of the submission and content of declarations of intent necessary to conclude an agreement for the provision of such service electronically, using electronic forms made available on the Store’s website, data provided by the Customer when placing an order or registering an Account, the Customer’s individual Account access credentials, and email messages generated in connection with these activities.

H.

23. The Company processes the following personal data of Customers necessary to establish, determine the content of, amend, or terminate the legal relationship between them:

a) the Customer’s surname and given names, or those of their representatives, attorneys-in-fact, or other persons acting on their behalf,
b) for Customers other than natural persons: the tax identification number (NIP) and the KRS entry number in the Register of Entrepreneurs,
c) for Customers who are natural persons: the tax identification number (NIP) and the PESEL identification number or—if no such number has been assigned—the number of the Customer’s passport, identity card, or other document confirming the Customer’s identity,
d) the permanent residence address, for Customers referred to in point c),
e) the correspondence address, if different from the address disclosed in the register or record referred to in point 7 above,
f) data used to verify the Customer’s electronic signature,
g) the Customer’s email address.

24. The Company distinguishes and marks all data listed in point 23 as data whose provision is necessary for the provision of services electronically under the Regulations.

25. In order to perform sales agreements for movable property or carry out another legal transaction with Customers, the Company may process other data necessary due to the nature of the service provided or the method of its settlement.

26. The Company informs Customers that it may process the following data characterizing how Customers use the service provided electronically (usage data):

a) identifiers assigned to Customers on the basis of the data referred to in point 23,
b) identifiers of the telecommunications network termination point or ICT system used by Customers,
c) information on the beginning, end, and scope of each instance of Customers’ use of the service provided electronically,
d) information on Customers’ use of services provided electronically.

27. The Company informs Customers that, with their consent, it may process other data concerning them that are not necessary for the provision of services electronically for the purposes of advertising, market research, and research into Customers’ behavior and preferences, with the results of such research intended to improve the quality of services provided by the Company.

J.

28. The Company provides services electronically in accordance with these Regulations. A Customer’s purchase of the movable property referred to in point 5 is conditional upon the Customer’s full acceptance of the Regulations and their provisions. Matters not regulated in point 23 are governed by the provisions of the Regulations—Privacy Policy, available at: https://centercar-silniki.pl/polityka-prywatnosci/.

29. Polish law applies, and the competent court is the court having jurisdiction over the Company’s registered office.

30. The Company may amend the Regulations at any time by publishing the amended Regulations. Amendments to the Regulations enter into force 7 days after information about such amendment is posted on the website referred to in point 1.

Annex – Information on specific risks associated with the use of services provided electronically

List of the most common risks associated with the use of services provided electronically:

• attempts to break the cryptographic security of communications transmitted over telecommunications networks,
• the risk of installing so-called sniffing software,
• the risk of computer piracy,
• the risk of receiving spam, i.e. unsolicited commercial information most often transmitted via the Internet or mobile networks,
• exposure to spyware-type software,
• the risk of installing malware,
• the risk of so-called phishing,
• the risk of installing so-called Internet worms.