Terms and conditions

GENERAL TERMS OF SALE

The subject of the document are the general rules applicable to sales agreements concluded by Auto Partner S.A. with its registered office in Bieruń at ul. Ekonomiczna 20, 43-150 Bieruń, NIP: 6340011017, entered by the District Court Katowice-Wschód, 8th Commercial Division of the National Court Register into the National Register of Entrepreneurs under KRS number 0000291327.

I. GENERAL PROVISIONS AND DEFINITIONS

§ 1

  1. These General Terms and Conditions of Sale (hereinafter referred to as the GTC) apply to all concluded contracts for the sale of goods, the Seller of which is Auto Partner S.A.
  2. Auto Partner S.A. has the status of a large entrepreneur within the meaning of art. 4c of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions.
  3. The General Terms and Conditions bind the Buyer upon making their content available to the Buyer before concluding a contract for the sale of goods. The GTC are available to the Buyer before concluding the contract in writing at the registered office of Auto Partner S.A. in Bieruń at Ekonomiczna Street 20, in the Company's branches at the sellers, in electronic form on the Company's website at https://autopartner.com and after logging in to the Company's Online Catalogs, which is equivalent to making them available to the Buyer before concluding the agreement.
  4. The Buyer is not allowed to invoke ignorance of these Terms after concluding the agreement.
  5. Placing an order is equivalent to accepting these GTC. These GTC are a contractual regulation binding the parties in the scope of sales, returns and complaints of goods. The Parties exclude the use of other contract templates (general contract terms, sales conditions, contract templates, regulations, etc.) used or established by the Buyer.
  6. The provisions contained in these GTC may be changed only in writing under penalty of nullity. The conclusion of a separate sales agreement excludes the application of these General Sales Conditions only to the extent regulated therein in a different manner.
  7. Any changes to the General Sales Conditions proposed by the Buyer when placing an order require the written consent of the Seller. Different arrangements between the parties agreed and confirmed in writing take precedence over the provisions of the General Sales Conditions.

§ 2

The terms used in the further part of these General Sales Conditions mean:

  • Seller: Auto Partner S.A. with its registered office in Bieruń, ul. Ekonomiczna 20;
  • Buyer: Entrepreneur;
  • Entrepreneur: a legal person, an organizational unit without legal personality, a natural person and a natural person conducting business activity, i.e. an entity that is the other party to the sales contract;
  • Parties: Seller and Buyer;
  • GTC: these "General terms and conditions of sales contracts conducted by Auto Partner S.A. with its registered office in Bieruń”;
  • Goods: commercial goods sold by Auto Partner S.A. under an agreement with the Buyer. Online catalogs: parts catalogs available at: www.apcat.eu www.apnext.eu www.apwebkat.eu and via the APCAT mobile application.

II. CONCLUSION OF A SALES AGREEMENT

§ 3

    1. The sales agreement between the Parties is concluded by placing an order by the Buyer and its confirmation by the Seller.
    2. The Buyer's order should contain the following data:
      1. Buyer's name - together with the exact address,
      2. Taxpayer's Identification Number or its equivalent, if it has been assigned to the Buyer,
      3. designation of the indicated product by the trade name or alphanumeric symbol from the offer,
      4. quantity of ordered goods,
      5. date, place and conditions of delivery/receipt of the goods.
    3. Orders for Goods may be placed by the Buyer via the Online Catalogs provided by the Seller.
    4. The Seller is obliged to confirm or reject the placed order within 24 hours of its receipt. In the case of sending an order via the Seller's online catalog, confirmation is obtained immediately by confirming the order by e-mail. (provided that the Seller's e-mail address is provided)
    5. In the case of sales as part of a promotional campaign or sale of goods, the quantity of which is limited, the confirmation of the order and its execution depends on the availability of the ordered goods and the order in which the orders are received. In the case when the number of goodscovered by the promotion or sale is exhausted, the Seller has the right to cancel the order.
    6. The Seller undertakes to deliver the Goods in accordance with confirmed orders.
    7. The sale is documented with a VAT invoice or fiscal receipt, in accordance with the will of the Buyer.

III. ONLINE CATALOGS

§ 4

      1. The use of online catalogs is possible only and exclusively after prior acceptance of these OWS and the Privacy Policy. Both documents are displayed when the customer first logs in to the Online Catalogs. Online catalogs require confirmation of documents in order to proceed to the parts catalog.
      2. Online catalogs provided by the Seller are not online stores.
      3. A customer using the Online Catalogs has the option of placing orders for products from the Seller's offer and using the functionalities that are offered to the Customer in all solutions as part of the application.
      4. Adding a product to the cart does not reserve it in the Seller's system. In order to reserve a product, it is necessary to send the cart.
      5. An order sent via the Online Catalogs is not equivalent to concluding a sales agreement between the Parties. Confirmation of the order by the Seller is necessary for its conclusion. The Customer has the option of checking the status of the order in the Catalog.
      6. Orders placed via the Online Catalogs are fulfilled by the Seller without undue delay.
      7. The order completion date provided in the Online Catalog is only indicative information, aimed at determining the expected delivery date of the ordered goods. Fulfillment of the order later than indicated when placing the order does not constitute a delay of the Seller in fulfilling the obligation and does not entail liability on his part towards the Buyer.
      8. The data included in the Online Catalogs regarding the possible purpose of the goods are for informational purposes only and do not constitute an assurance within the meaning of art. 5561 § 1 item 2) of the Civil Code.
      9. The obligation to examine the goods in terms of their possible use and compatibility with other devices rests with the Buyer.
      10. The Buyer is obliged to confirm receipt of invoices, corrective invoices and receipt of goods in the Online Catalogs within 7 days from the date of issue of the invoice, corrective invoice or delivery of the goods. In the absence of confirmation, the Seller has the right to block the possibility of placing orders by this Buyer.

IV. TRANSFER OF RISK

§ 5

The risk of loss or damage to the goods is transferred from the Seller to the Buyer respectively at the moment of:

      1. Buyer's personal collection - at the moment of issuing the goods to the Buyer from the Seller's warehouse,
      2. Seller's own transport - at the moment of delivering the goods to the Buyer,
      3. Buyer's own transport - at the moment of handing over the goods to the courier/external carrier.

VI. PRICE AND PAYMENT

§ 6

      1. The prices provided by the Seller are net prices, to which the goods and services tax will be added at the rates applicable on the day of issuing the invoice or receipt or gross prices depending on the nature of the transaction.
      2. The goods, depending on the type of transaction, are sold to the Buyer at a gross price or at a net price resulting from the Seller's price list increased by the VAT due, applicable on the day of placing the order. The current price list is available in the Seller's Online Catalogs.
      3. In the event that the Buyer purchases full-value goods after regeneration, the Buyer returns to the Seller the regeneration insert of the same type (in the packaging in which the goods were purchased from the Seller). The Buyer is obliged to pay the price for the new regenerated goods together with the regeneration fee. If the regeneration insert delivered by the buyer meets the requirements specified by the Seller, the Seller shall return the regeneration fee to the Buyer.
      4. The Buyer is obliged to pay the amount due for the sale of the goods within the time specified in each invoice to the Seller's bank account indicated on the invoice or, in the case of purchase based on a receipt, in cash at the branch's cash desk.
      5. The date of payment is deemed to be the day the payment is posted to the Seller's bank account indicated on the invoice or the day the amount due for the sale of the goods is settled at the branch's cash desk.
      6. If the Buyer is obliged to pay the amounts due under several invoices, the Seller may indicate the debt towards which the Buyer's payment will be credited. The Seller shall credit primarily towards the due debt, and when several debtsis due - towards the due earliest. The application of the provision of Article 451 of the Civil Code is excluded.
      7. Overpayments in the Buyer's account will be credited towards future due receivables or returned upon his written or electronic request containing the bank account number to which the funds are to be returned.

VII. DELIVERY, TRANSPORT COST

§ 7

      1. The date of delivery is the date the goods are made available to the Buyer in the Seller's warehouse, regardless of the method of issuing them to the Buyer.
      2. If the Buyer places an order via the Online Catalogs and selects a delivery option other than personal collection, the delivery costs will be added to the value of the order.
      3. If the place of delivery is not indicated in the order, it is assumed that this place is the Seller's registered office.
      4. The Parties may agree that the Goods will be collected from the Seller's warehouse by the Buyer or that the Seller will deliver the Goods to the Buyer to the place indicated in the order at its own expense using its own transport or through a carrier.
      5. The Buyer or the person receiving the shipment on their behalf at the address indicated in the order are obliged to confirm receipt of the order in person signature and company stamp (if the Buyer has such a stamp). Under these OWS, it is assumed that each person active at the delivery address is the person authorized to receive the order.
      6. In the event of refusal to collect the order by the person authorized to collect, in accordance with paragraph 5, the order is returned to the Seller's warehouse and the Buyer is obliged to collect it on their own. Another delivery attempt will be made only with the Seller's consent. In the event of repeated cases of failure to collect the order, the Seller has the right to block the possibility of placing orders by this Buyer.
      7. The Seller undertakes that the Goods delivered to the Buyer will meet the quality conditions in accordance with the applicable certificates and standards.
      8. The Seller, after previously informing the Buyer about the deficiencies in the order, has the right to fulfill the order in part. The Buyer, in the situation described above, has the right to withdraw from the order.

VIII. RECEIPT OF GOODS AND ITS PROPERTIES

§ 8

      1. When receiving the Goods, the Buyer is obliged to check whether the quantity and/or number of delivered collective packages of Goods corresponds to the quantity ordered at the time of its receipt from the carrier. In the event of finding any deficiencies, the Buyer is obliged to immediately notify the Seller of this fact under penalty of losing claims in this respect.
      2. The Buyer is obliged to examine the Goods within 24 hours of its receipt and notify the Seller of any visible quality defects in the Goods.
      3. In the event of later discovery of defects in the Goods, the Buyer is obliged to immediately notify the Seller in writing and file a complaint.

IX. TERMS OF RETURNING GOODS

§ 9

    1. The Buyer, subject to paragraph 6 below, may also return the goods under the terms specified in this paragraph.
    2. The goods may be returned with the Seller's consent on special forms available at: https://autopartner.com/pobierz-druki-i-formularze/ or via Online Catalogs, the addresses of which the Seller makes available to the Buyer on its website https://autopartner.com. All fields of the return form must be filled in correctly. Failure to complete or errors may extend the return process or make it completely impossible.
    3. The return of goods is possible within 14 days from the date of possession by the Buyer. The return is made in the manner specified in §9 section 6 above. The justification for the return is verified after the goods are delivered to the Seller's branch or headquarters. In the event that the goods are returned using the Seller's own transport or intermediaries, the transfer of the goods to the carrier is not considered as acceptance of the return by the Seller.
    4. A fee is charged for the return according to the following criteria: return within 3 business days from the date of receipt of the goods, the full amount for the purchased goods is refunded, return within 4-7 days: the amount refunded is reduced by 5% of the net value of the goods, return within 8-14 days: the amount refunded is reduced by 15% of the net value of the goods.
    5. The return is subject to complete goods in their original packaging, unused, undamaged, and not bearing any traces of use. In any case, the Seller may refuse to accept the return if the condition of the goods or their
    6. The following goods cannot be returned:
      1. goods that are electronic or electrical parts or their components,
      2. liquids, oils, car care products, batteries,
      3. goods that, due to their nature, are inseparably connected with other items after being delivered to the Buyer,
      4. goods that are imported to the Buyer's individual order,
      5. goods individually tailored to the Buyer's needs,
      6. goods delivered in sealed packaging, the seal of which was breached after being opened by the Buyer,
      7. goods that lose their properties or characteristics after opening the factory packaging and cannot be sold as new goods,
      8. goods that are digital content, including computer programs that are not recorded on a medium material.
      9. other goods that have been marked as non-returnable goods, about which the Seller informs the Buyer through the Catalogs.
    7. Goods purchased as part of a promotional campaign, the assumptions of which exclude the possibility of returning or exchanging goods, as well as goods, the purchase of which was related to the Buyer obtaining benefits in the form of discounts or prizes, are also not subject to return. The regulations of promotional campaigns may introduce special provisions in this respect, and in particular allow the return of goods on special terms.
    8. The Seller is deemed to have accepted the return of goods if, within 14 days from the date of registration of the return, he does not dispute the return. In the event that the Seller does not accept the return of goods, the Buyer is obliged to collect the goods themselves.
    9. After completing the return process, the Seller issues a correction invoice to the Buyer, no later than 30 days from the date of registration of the return. If the goods were purchased on the basis of a sales receipt, after completing the goods return process, the Buyer returns the receipt to the Seller. If the receipt also covers other goods, the Buyer receives a replacement receipt. The original receipt remains with the Seller
    10. The goods are returned by refunding the price of the purchased goods, taking into account paragraph 4, to the Buyer using the same method of payment that the Buyer used, unless the Buyer has agreed to a different method of refund that does not involve any costs for him. In the case of purchasing goods using payment vouchers, the price is refunded only to the payment voucher.

XI. COMPLAINTS

§ 10

      1. All complaints should be reported to Auto Partner SA immediately after the defect in the goods is detected. In each case, the complaint must be made in writing, using the complaint form available on the website https://autopartner.com/pobierz-druki-iformularze/, or via Online Catalogs
      2. The complaint may be sent by e-mail, fax, courier, delivered in person or given to the route driver. In the case of sending the complaint by e-mail or fax, the complaint is effective if the part that is the subject of the complaint was also physically sent to Auto Partner SA.
      3. All fields of the complaint protocol must be completed with a detailed description of the product defect. Failure to fill in any of the fields may extend the complaint processing time or make it completely impossible.
      4. The Buyer is obliged to check the goods immediately upon receipt and report any discrepancies: mechanical damage, defects, broken seals, etc. in accordance with the points above.
      5. The complaint must be properly secured for shipment and properly stored after the defect is detected (e.g. against the harmful effects of external factors: moisture, contamination).
      6. The submission of a complaint and its verification may involve the need to interfere with the goods, which is tantamount to authorizing the Seller to perform such interference. The interference referred to above may affect the functionality and substance of the goods in whole or in part, if the verification process requires it, including causing damage to the goods.
      7. After completing the complaint process, the Seller will inform the Buyer about the result of the complaint. In the event of rejection, the Seller will issue an appropriate letter of explanation, while in the event of acceptance, the Seller will settle the complaint in accordance with the provisions of the Civil Code. The goods that are the basis for the rejected complaint will be returned to the Buyer.
      8. In the event of acceptance, the complaint will be settled as soon as possible, but within a period not exceeding 60 days (replacement of goods, repair, correction).
      9. Submitting a complaint does not release the Buyer from the obligation to settle the complaint on time.tion of the amount due for the delivered goods or for part thereof.
      10. In matters concerning the Seller's liability for defects in the goods sold and the deadlines for handling complaints, the provisions of the Civil Code regarding warranty for physical and legal defects shall apply accordingly, taking into account the provisions of this agreement.
      11. In the event of settling an accepted complaint with a correction invoice, the Seller shall issue a correction invoice to the Buyer no later than 30 days from the moment of accepting the complaint. In the event that the purchase was made on the basis of a fiscal receipt, in the event of settling an accepted complaint, the Seller shall make a note on the receipt regarding the method of handling the complaint. The original receipt shall remain with the Customer.

XII. FINAL PROVISIONS

§ 11

      1. These General Terms and Conditions of Sale are effective from the date of their publication by the Seller on the website https://autopartner.com, in the Online Catalogs and made available for viewing at the Seller's branches and are applied to orders placed from that date.
      2. The General Terms and Conditions of Sale may be changed by the Seller at any time. The Seller will make every effort, in particular by publishing on its website, to notify Buyers of changes to the General Terms and Conditions.
      3. Any changes to the General Terms and Conditions shall enter into force upon publication on the Seller's website.

§ 12

By accepting these General Terms and Conditions, the Buyer consents to the processing of his/her personal data by the Seller in connection with the performance of contracts for the sale of goods offered by the Seller.

§ 13

      1. The law applicable to the General Terms and Conditions is Polish law.
      2. The Parties shall strive to amicably resolve any disputes arising in connection with the performance of contracts covered by these Terms and Conditions.
      3. In the event that an amicable resolution of the matter is impossible, the appropriate court to resolve the matter shall be The dispute will be settled by the court competent for the Seller's registered office.
      4. In matters not regulated in the General Terms and Conditions of Sale, the provisions of Polish law shall apply.

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