TERMS AND CONDITIONS OF THE ONLINE STORE
WWW.CARKEYSWYSOCKI.COM
Before making a purchase, we encourage you to read the general terms, rules, and methods of sale via our online store.
I. GENERAL PROVISIONS
- The online store available at https://carkeyswysocki.com is owned by Paweł Wysocki conducting business under the name Car Keys Wysocki Paweł Wysocki with its registered office in Prudnik, postal code: 48-200, ul. Piastowska 28-30, entered into the Central Registration and Information on Business (CEIDG) of the Republic of Poland maintained by the minister responsible for the economy, NIP: 7551913697, REGON.
- These Terms and Conditions are addressed to both consumers and entrepreneurs using the Store, unless a given provision explicitly applies only to consumers or only to entrepreneurs.
- Accepting these Terms and Conditions is a prerequisite for concluding a Sales Agreement.
- When using the Store, it is forbidden to provide unlawful information, in particular to send and post spam, as well as to provide or transmit content prohibited by law, especially within forms available in the Store.
- The Administrator of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, for the period, and on the basis indicated in the Privacy Policy published on the Store’s website. The Privacy Policy contains, in particular, rules on the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and period of processing, as well as the rights of data subjects and information regarding cookies and analytical tools used in the Online Store.
- Contact with the Seller: e-mail autokluczyk_immo@op.pl, tel. +48 730 543 015.
II. DEFINITIONS
- Business Day – a day from Monday to Friday, excluding public holidays.
- Proof of Payment – an invoice or receipt issued in accordance with the VAT Act of 11 March 2004 and other applicable laws.
- Login-Registration Form – a form available in the Store allowing login and account creation.
- Order Form – an electronic service, interactive form available in the Store enabling the submission of an Order, in particular by adding Products to an electronic cart and determining the conditions of the Sales Agreement, including delivery and payment methods.
- Customer, Buyer – (1) a natural person with full legal capacity, and in cases provided for by applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has been granted legal capacity by law – that has concluded or intends to conclude a Sales Agreement with the Seller.
- Consumer – a natural person concluding a contract with the Seller, the subject of which is not directly related to their business or professional activity.
- Account – an electronic service provided by the Service Provider to the User registered via the Store, marked with an individual name (login) and password provided by the User, a collection of resources in the Service Provider's IT system, where the User's personal data and order history in the Store are stored.
- Cart – an element of the Store’s software where selected Products for purchase are displayed, and where order data, in particular the quantity of products, can be determined and modified.
- Newsletter – an electronic service provided by the Service Provider via e-mail, enabling all subscribers to automatically receive periodic digital content containing information about offers, news, and promotions in the Online Store.
- Payment – a payment to the Seller’s account made via online payment methods available in the Store.
- Entrepreneur – a natural person, legal person, or organizational unit not being a legal person, which has been granted legal capacity by law, conducting business or professional activity on its own behalf.
- Entrepreneur with consumer rights – a natural person concluding a Sales Agreement directly related to their business activity, when the content of the Agreement shows that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available under CEIDG regulations.
- Terms and Conditions – these terms of the Store.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).
- Online Store or Store – the online store operated under the domain https://carkeyswysocki.com and its relevant subpages.
- Seller, Service Provider – Paweł Wysocki conducting business under the name Car Keys Wysocki Paweł Wysocki with its registered office in Prudnik, postal code: 48-200, ul. Piastowska 28-30, entered into CEIDG, NIP: 7551913697, REGON.
- Product – a movable item available in the Store, offered for sale in a specified quantity or volume.
- Sales Agreement – a contract of sale concluded or to be concluded between the Buyer and the Seller via the Online Store. Depending on the nature of the Product, it may also mean a service contract or a contract for specific work.
- Electronic Service – a service provided electronically by the Service Provider to the Service User via the Store.
- Service User – (1) a natural person with full legal capacity, and in cases provided for by law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has been granted legal capacity by law – using or intending to use an Electronic Service.
- Distance Agreement – a contract concluded with a Customer as part of an organized system for concluding distance contracts, without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of conclusion of the contract.
- Order – a Customer’s declaration of intent submitted via the Order Form, aimed directly at concluding a Sales Agreement.
III. MINIMUM TECHNICAL REQUIREMENTS
- No special technical requirements are necessary to make a purchase.
- The sufficient conditions for making a purchase are:
- access to a device connected to the Internet;
- installed and up-to-date operating system and web browser;
- an active e-mail account;
- an office software package – Microsoft Office or its equivalent.
- The Buyer may use the Store’s functions in a manner consistent with these Terms and applicable laws, and in a way that does not disrupt the functioning of the Store or other customers.
- The Customer is prohibited from using other customers’ Accounts or sharing their Account with others. The Customer is obliged to provide data consistent with the facts. Providing unlawful content is forbidden.
IV. USE OF THE ONLINE STORE
- When using the Store, the Customer undertakes to:
- use the Store solely for placing legally binding inquiries and Orders,
- not place false or fraudulent Orders.
If there is suspicion that such an Order has been placed, the Seller will make every effort to contact the Customer to verify it, and if confirmed, the Seller has the right to cancel the Order and inform the Customer, - provide true and accurate Customer details and contact information to allow effective Order placement.
- By placing an Order, the User declares that they are of legal age and have full legal capacity to enter into Agreements.
V. ELECTRONIC SERVICES IN THE ONLINE STORE
- The following Electronic Services are available in the Store:
- Customer Account,
- Order Form.
- Electronic Services are free of charge and provided for an indefinite period.
- Complaint procedure:
- complaints regarding the provision of Electronic Services by the Service Provider, as well as other complaints related to the functioning of the Store (excluding complaints concerning Products), may be submitted to the Seller’s e-mail or postal address,
- it is recommended that the Service User provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service User’s request; and (3) contact details – this will facilitate and speed up the handling of the complaint. The above requirements are only recommendations and do not affect the effectiveness of complaints submitted without them,
- The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
VI. ACCOUNT SERVICE
- Registration of an Account is done by completing the registration form and confirming it by clicking the authorization link sent to the e-mail address provided by the Service User.
- Before registering a Customer Account, the Customer should read the Terms and Conditions.
- The service is provided free of charge for an indefinite period.
- Creating an Account is mandatory for placing orders in the Store.
- The Customer may at any time and without giving reasons resign from the Account by sending a request to the Service Provider from the e-mail address provided during Account registration.
- During Account registration, the Customer may voluntarily consent to the processing of their personal data for receiving newsletters (optional) and offers from partners (optional).
- After registration, a confirmation e-mail is sent to the address provided by the Customer.
VII. ORDER FORM SERVICE
- To place an Order, Account registration is required.
- The service is provided free of charge and is one-time in nature.
- The service ends once the Order is submitted through it or once the Customer abandons the process.
VIII. NEWSLETTER SERVICE
- To subscribe to the newsletter provided by the Service Provider, it is necessary to check the relevant box during Account registration.
- The service is provided free of charge for an indefinite period.
- The Service User may unsubscribe at any time and without giving reasons by sending an e-mail to the Service Provider with a relevant statement.
IX. HOW TO PLACE AN ORDER
- To place an Order, the Customer must complete the online purchase procedure, i.e.:
- have a registered Account,
- add the selected Product to the cart,
- fill in the Purchase Form, accept the Terms and Conditions (mandatory),
- make payment by clicking the button “Order with payment obligation”.
- The Customer may place Orders in the Store 24/7, 7 days a week.
- In response to the Order, an automatic confirmation e-mail is immediately sent to the Customer’s e-mail address confirming receipt of the Order and commencement of its processing. Order fulfillment takes 24 to 48 hours.
- Upon receipt of the above e-mail, a Sales Agreement between the Customer and the Seller is concluded.
- If it is not possible to process all or part of the ordered Products, the Seller will contact the Customer individually.
X. AVAILABLE PAYMENT AND DELIVERY METHODS
- The Seller provides the following payment methods:
- cash on delivery,
- traditional bank transfer to the Seller’s account,
- instant payments (BLIK, payment card).
- The Customer may choose from the following delivery or collection methods:
- courier shipment (InPost, DPD),
- InPost parcel lockers,
- DPD pick-up point,
- personal collection.
- Delivery costs, including shipping and handling, are indicated during Order placement according to current carrier rates.
XI. NON-CONFORMITY OF GOODS WITH THE CONTRACT (COMPLAINTS)
- Warranty claims under these Terms apply to Customers who are Consumers.
- The Seller is liable for the non-conformity of goods with the contract.
- Complaints may be submitted in writing to the Seller’s address. The Customer may use the complaint form attached to these Terms.
- The complaint should specify:
- information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the non-conformity,
- a request for repair or replacement (if the complaint is filed for the first time) or withdrawal from the contract or price reduction (if filed again),
- the complainant’s contact details.
The above requirements are only recommendations and do not affect the effectiveness of complaints submitted without them.
- The Seller shall respond to the complaint immediately, no later than within 14 days.
- If the Consumer requests replacement or repair, the Seller may refuse if it is impossible or would incur excessive costs compared to another available remedy.
- In such a case, the Seller may propose an alternative solution. Regardless, the Consumer may change their choice and request compliance of the goods using other warranty remedies.
- The Seller fulfills a justified complaint within a reasonable time without excessive inconvenience to the Consumer.
- The Consumer may withdraw from the contract only if the defect is material.
- The Seller bears the costs of repair or replacement, including postage, transport, labor, and materials.
- The Seller is not liable if the Consumer, at the latest at the conclusion of the contract, was expressly informed that a specific feature of the Product deviates from the conformity requirements and expressly accepted it.
- The Seller is liable for non-conformity of the Product existing at the time of delivery and disclosed within two years, unless the Product’s shelf life specified by the entrepreneur is longer. It is presumed that any non-conformity discovered within two years existed at the time of delivery, unless proven otherwise.
- Warranty rights granted to the Consumer also apply to Entrepreneurs with consumer rights.
- Complaint form download.
XII. RIGHT OF WITHDRAWAL FROM THE CONTRACT
- A Consumer who has concluded a distance contract may withdraw within 14 calendar days without giving any reason and without incurring costs, except for diminished value resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
- The withdrawal period runs from the day the Consumer or a third party authorized by them takes possession of the Product, or, in the case of multiple Products delivered in parts, from the day of taking possession of the last part.
- To meet the deadline, it is sufficient to send a declaration before its expiry. The Customer may use the withdrawal form attached to these Terms.
- The Consumer must return the Product to the Seller immediately, no later than 14 days after withdrawal, unless the Seller offered to collect it. The deadline is met if the Product is sent before expiry.
- Upon withdrawal, the contract is deemed not concluded.
- The Consumer is liable for diminished value of the Product resulting from use beyond what is necessary to determine its nature, features, and functioning.
- The Seller must refund all payments, including delivery costs (except additional costs chosen by the Consumer) within 14 calendar days from receiving the withdrawal statement.
- The refund is made using the same payment method unless the Consumer agrees otherwise with no cost to them.
- If the Seller did not offer to collect the Product, they may withhold the refund until receiving the Product back or proof of its return, whichever comes first.
- The Consumer must return the Product to the Seller’s address immediately, no later than 14 days after withdrawal.
- If the Seller did not offer to collect the Product, they may withhold the refund until receipt of the Product or proof of return.
- The right of withdrawal also applies to Entrepreneurs with consumer rights.
- Withdrawal form download.
XIII. OUT-OF-COURT DISPUTE RESOLUTION
- The use of out-of-court complaint and claim procedures is voluntary. The following information is for reference only and does not obligate the Seller to participate.
- The Seller’s statement of consent or refusal to participate in consumer dispute resolution is provided in writing or another durable medium if a dispute arises following a Consumer’s complaint.
- Detailed information on out-of-court complaint and claim procedures is available at the Office of Competition and Consumer Protection (UOKiK): link.
- A Consumer may, in particular:
- apply to a permanent consumer arbitration court,
- apply to the voivodeship inspector of Trade Inspection,
- obtain free assistance from a local consumer ombudsman or consumer organizations (e.g., Federation of Consumers, Polish Consumer Association),
- file a complaint via the EU ODR platform: link.
XIV. PROCESSING OF PERSONAL DATA
- The Administrator of personal data collected via the Online Store is the Seller.
- Detailed principles regarding personal data processing and cookies are described in the Privacy Policy.
XV. COPYRIGHT
All rights to the Online Store, including economic copyrights, intellectual property rights to its name, domain, website, as well as templates, forms, logos displayed on the Store’s website (except logos and photos belonging to third parties for product presentation purposes) belong to the Seller. Use of these rights is allowed only as specified in these Terms or with the Seller’s written consent.
XVI. FINAL PROVISIONS
- Contracts concluded via the Online Store are in Polish.
- The Seller reserves the right to amend these Terms for important reasons, i.e., changes in law, changes in payment or delivery methods – to the extent they affect implementation of these Terms.
- In matters not regulated by these Terms, applicable Polish law shall apply, in particular the Civil Code, the Act on Electronic Services, the Consumer Rights Act, and other relevant legal provisions.
Terms and Conditions (version 1) valid from January 10, 2024.