- DEFINITIONS
- GENERAL PROVISIONS
- ELECTORONIC SERVICES DELIVERY
- TERMS OF CONCLUDING SALES AGREEMENT
- DELIVERY
- PAYMENTS
- WITHDRAWAL FROM THE AGREEMENT
- COMPLAINTS PROCEDURE
- PRIVACY POLICY & DATA PROTECTION
- FINAL PROVISIONS
- DEFINITIONS
The terms used in these Regulations mean:
1.1. PASSWORD – a string of alphanumeric signs indispensable for authorization [by the system] and being granted access to the Account, preset by the Customer while registering [with the system].
1.2. CUSTOMER – a natural person who has full capacity for legal acts but also, in the events as predicted by law, a natural person with limited capacity for legal acts, an entity with a corporate personality or a business activity to which the provisions of law [Civil Code, Commercial Code] assign legal capacity and which intends to enter into or has entered into a Sales Contract or an Agreement to provide internet/electronic services.
1.3. CIVIL CODE – the Civil Code as of April 23, 1964 (Journal of Laws No 16 Item 93 as amended).
1.4. CONSUMER – a natural person who by entering into a sales agreement or into an agreement on provision electronic services is not and will not be directly linked to a business activity or a profession.
1.5. ACOUNT (CUSTOMER’S ACCOUNT) – the subpage of the online shop where information about the Customer’s orders etc. is stored.
1.6. PRODUCT – a movable tangible asset available in the online shop which is a subject of the Sales Agreement between the Customer and the Seller.
1.7. REGULATIONS – these regulations of the online shop.
1.8. REGISTRATION – a single activity that consists in creation of the Customer’s account using a registration form available on the Service Provider’s website.
1.9. ONLINE SHOP (SHOP) – an Internet shop run by the Service Provider available on the www.carsecu.com by means of which the Customer may enter into the Sales Contract or Agreement on provision electronic services.
1.10. SELLER/ SERVICE PROVIDER – an entity under the business name MAXIDO (bussines address: Parski 26; 99-140 Świnice Warckie) entered into the Central Registration and Information on Business kept by the competent minister of economy of Poland, NIP PL5070019786, REGON 101475541, e-mail address: office@carsecu.com, phone number: (+48) 632882444 (a standard fee – according to the price list of an appropriate operator).
1.11. PARTY – Service provider, Seller or a Customer.
1.12. SALES AGREEMENT (AGREEMENT) – an agreement to sell a Product as per the meaning of the Civil Code which is concluded by means of the Online shop.
1.13. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider through the online shop.
1.14. ORDER – a Customer’s declaration of will that directly aims at entering into a Sales Agreement of the product and defining its important conditions.
- GENERAL PROVISIONS
2.1. The resolutions of these Regulations do not aim at excluding or limiting whatever rights of the Customer who is a Consumer at the same time by force of binding legal regulations. Should there be a discrepancy between the resolutions of the Regulations and the said regulations, the regulations shall prevail.
2.2. Regulations define principles determining the Customer’s use of the online shop.
2.3. These Regulations constitute the regulations, as referred to in Art.8 of the Law on the provision of electronic services as of July 18, 2002 (Journal of Laws from 2002, No. 144, item 1204 as amended). They also regulate terms of entering into sales agreements via the online shop.
2.4. The Online Shop is run by the Seller.
2.5. The Service Provider renders the following electronic Services through the Online Shop:
2.5.1. The Customer’s Account with the Online Shop;
2.5.2. An interactive form enabling Customers to place an order in the Online Shop;
2.5.3. A newsletter
2.6. Below are the minimum technical requirements indispensable for functioning within the digital system used by the Service Provider:
2.6.1. A computer with an access to internet;
2.6.2. An access to an e-mail account;
2.6.3. Recommended resolution of the display: 1024 x 768 pixels.
2.6.4. Internet browser: Internet Explorer version 7.0 or higher with enabled JavaScript and cookies, Mozilla Firefox version 3.0 or higher with enabled JavaScript and cookies, or Google Chrome version 8 or higher with enabled JavaScript and cookies.
2.7. The Customer is prohibited to deliver unlawful content.
2.8. The Customer is obliged to enter true and complete data.
2.9. The Customer is obliged to use the Online Shop in accordance with the law and good practices and with respect to personal goods and third party’s intellectual property rights.
2.10. In order to guarantee security of a transfer the Service Provider implements technical and organizational means appropriate to the level of a threat to security of provided electronic Services.
- ELECTORONIC SERVICES DELIVERY
3.1. The Service Provider undertakes to provide electronic services via an online shop in the scope and upon terms as defined in these Regulations.
3.2. The provision of electronic Services by the Service Provider is free of charge.
3.3. Terms of entering into agreements concerning provision of electronic Services:
3.3.1. The Agreement to provide an electronic service consisting in keeping the Consumer’s account in the Online Shop is concluded at the moment of the Consumer’s registration.
3.3.1.1. To register the Consumer must fill in the registration form with the following data: name and surname, address (street, house number, town and post code), e-mail address, phone number and Password.
3.3.2. The Agreement on provision of an electronic service consisting in an access to an interactive registration form enabling the Customer to place an order in the Online Shop is concluded at the moment the Customer commences using this service (adding a Product to a cart).
3.4. The Agreement on provision of an electronic service consisting in keeping the Customer’s Account shall continue until terminated (indefinite term).
3.5. The Agreement on provision of an electronic service consisting in an access to an interactive registration form enabling the Customer to place an order in the Online Shop shall be terminated in the moment of placing an Order (specified term).
3.6. Below are the terms of termination of agreements to provide electronic Services:
3.6.1. The customer can terminate an agreement on provision of electronic services for an indefinite term at any time upon 7 days’ notice without any indication of reason.
3.6.2. The Service Provider may terminate the agreement to provide electronic services for an indefinite term when the Customer breaches grossly and persistently Regulations, especially when the Customer delivers unlawful content. Breach of Regulations must be objective and unlawful. Termination may be executed after at least single ineffective appeal to stop or remove breach with the indication of the appropriate term. In this case termination is effective upon 14 days’ notice.
3.6.3. Termination of the agreement on provision of electronic services concluded for an indefinite term by any Party does not breach rights or benefits acquired by the Parties during the period of agreement.
3.6.3. Termination of the agreement on provision of electronic services concluded for an indefinite term by any Party does not breach rights or benefits acquired by the Parties during the period of agreement.
3.6.4. Irrespective of the above resolutions the Parties hereto may terminate the agreement on provision of electronic services at any time by the mutual agreement of the Parties.
- TERMS OF CONCLUDING SALES AGREEMENT
4.1. Notices, advertisements, price lists and other information on the Products listed on the web sites of this Online Shop, in particular their descriptions, technical parameters and user specifications, and prices constitute an invitation to enter into a contract within the meaning of Art. 71 of The Civil Code.
4.2. The product price as displayed on the Online Shop web page is denominated in Euro (EUR). The delivery costs are not included; if applicable, they are indicated in the process of placing an Order. Delivery costs are available on the Online Shop web page under the bookmark Shopping info under the address: www.carsecu.com/shopping-info.
4.3. The product price as displayed on the Online Shop web page is binding at the moment of placing an Order. This price shall not change irrespective of price changes in the Online Shop, which may concern particular Products after the Customer has placed the Order.
4.4. To conclude a sales agreement of the Product via an interactive form the Customer should enter the Online Shop web page, select a Product and place an Order following displayed instructions.
4.4.1. When placing an Order the Customer should indicate the following indispensable data: name and surname, address (street, house number, town and post code), e-mail address, phone number, Product, its quantity, place of delivery, method of delivery, and a payment method.
4.5. An Order is placed via an interactive form upon the clicking the button PLACE ORDER on the form.
4.6. After an Order has been placed, the Seller shall immediately:
(1) confirm its receipt, which binds the Customer by his declaration, and
(2) accept the Order for processing – at this moment the Sales Agreement is concluded. Confirmation of the Order receipt and acceptance for processing is performed by sending an appropriate notification to the e-mail address indicated by the Customer.
4.7. In the process of placing an Order via an interactive form the Customer can modify data until the Order is placed. The Customer should follow displayed instructions available on the Online Shop web page.
- DELIVERY
5.1. When the Sales Agreement has been concluded, delivery of the Product will be executed not later than within 14 calendar days from the day of the Sales Agreement conclusion.
5.2. The Seller shall deliver Products in accordance with the Customer’s preferences:
5.2.1. personal collection of the Product at the site of the Seller;
5.2.2. by the post or a courier indicated by the Customer when placing an Order.
5.3. Products are delivered worldwide.
5.4. Delivery costs shall be indicated at the time of placing an Order and are available on the Online Shop web page in the bookmark Shopping info under the address: www.carsecu.com/shopping-info.
- PAYMENTS
6.1. The Seller accepts the following methods of payment (available on the Online Shop web page in the bookmark Shopping info under the address: www.carsecu.com/shopping-info):
6.1.1. on-line payments (credit & debit cards, PayPal, Apple Pay, Google Pay);
6.1.2. bank transfer (available upon prior arrangement);
6.1.3. in cash with the option of personal collection.
6.1.4. COD (cash on delivery) is not available;
6.2. The Customer is obliged to make payment within 3 days from the conclusion of the Sales Agreement.
6.3. In case of Customers who are not Consumers at the same time, the Seller is entitled to limit available methods of payments and demand a prepayment in part or in full amount.
- WITHDRAWAL FROM THE AGREEMENT
7.1. The Customer who is a Consumer at the same time and has concluded a Sales Agreement or an Agreement on provision of electronic services may withdraw from the Agreement without any indication of reason submitting a written declaration within 14 days. To keep the term the Customer should send the declaration before term expiration by post to the address: MAXIDO; Parski 26; 99-140 Świnice Warckie or via electronic mail to the e-mail address: office@carsecu.com.
7.2. The 14-day term for a withdrawal from the Sales Agreement or from the Agreement on provision of electronic services runs respectively from the day of a product receipt and from the day of the agreement conclusion.
7.3. In case of withdrawal the agreement shall be considered null and void and the Customer shall be free from any obligations. Whatever the parties have rendered shall be returned unchanged save when the change was necessary in the ordinary course of administration. The return shall be made immediately not later than within 14 days. Where the consumer has effected any prepayment, the statutory interest rates are applicable.
7.4. The Seller shall return payment to the banking account indicated by the Consumer or in any way as indicated by the Consumer.
7.5. The right to withdraw from the distance contract shall not be vested in the consumer in the following cases:
(1) provision of services if performance started with the consumer’s consent before the end of the period referred to in Article 7.1 and 7.2;
(2) performance with characteristics specified by the consumer in his/her order or directly linked to his/her person.
- COMPLAINTS PROCEDURE
8.1. Complaints related to the lack of conformity of the product with the Sales Agreement:
8.1.1. The Seller is liable to the Consumer who is a natural person purchasing the product not related to his/her professional and business activity for any lack of conformity of the product with the Sales Agreement within the scope as defined especially by the Law on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code as of July 27, 2002 (Journal of Laws from 2002 No 141, Item 1176 as amended).
8.1.2. Complaints related to the lack of conformity of the product with the Sales Agreement can be submitted in writing by post to the address: MAXIDO; Parski 26; 99-140 Świnice Warckie or via electronic mail to the e-mail address: office@carsecu.com.
8.1.3. The Seller shall reply to the complaint immediately, not later than in 14 days. The reply shall be sent to the address as indicated by the Customer or in other way specified by the Customer.
8.1.4. The Seller informs that in case of products with commercial guarantee the Customer’s related entitlements shall be performed in accordance with the conditions in the guarantee document. A commercial guarantee for a sold product does not limit, exclude or suspend the Seller’s responsibility for the lack of conformity of the Product with the Sales Agreement within the scope as specified in the Law on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code as of July 27, 2002 (Journal of Laws from 2002 No 141, Item 1176 as amended).
8.2. Complaints related to the provision of Electronic Services and other complaints related to the performance of the Online Shop:
8.2.1. Complaints related to the provision of Electronic Services and other complaints related to the performance of the Online Shop may be submitted in writing by post to the address: MAXIDO; Parski 26; 99-140 Świnice Warckie or via electronic mail to the e-mail address: office@carsecu.com.
8.2.2. It is recommended to include as many as possible information concerning circumstances and concerning the subject of the complaint, especially the type and date of irregularity and contact data – this will enable and speed up the handling of the complaint by the Service Provider.
8.2.3. The Seller shall reply to the complaint immediately, not later than in 14 days.
8.2.4. The reply to the complaint shall be send to the Customer’s e-mail address as indicated in the complaint notification or in other way specified by the Customer.
- PRIVACY POLICY & DATA PROTECTION
9.1. The Seller is the administrator of the Customer’s personal data stored through the Online Shop.
9.2. The Customer’s personal data collected through the Online Shop (name and surname, company’s name, NIP, address, telephone number, e-mail-address) are processed in order to execute the concluded Sales Agreement or Agreement on provision of Electronic Services.
9.3. The Customer is entitled to access his/her data and to modify them.
9.4. The Customer submits his/her data voluntarily, however if he/she refrains from submission of indicated herein personal data indispensable to concluding the Sales Agreement or Agreement for provision of electronic services, such an agreement shall not be concluded. Data indispensable to concluding the Sales Agreement or Agreement on provision of electronic services are indicated on the Online Shop web page.
- FINAL PROVISIONS
10.1. Agreements as entered into by the online shop are concluded in English.
10.2. To all matters not settled herein Polish legal regulations shall apply, such as The Civil Code, the Law on providing services by electronic means as of July 18, 2002 (Journal of Laws from 2002 No 144, Item 1204 as amended), the Law on protection of certain consumer rights and liability for damage caused by a hazardous product as of March 2, 2000 (Journal of Laws of 2000 No. 22, Item 271, as amended), the Law on specific terms and conditions of consumer sale and amendments to the Civil Code as of July 27, 2002 (Journal of Laws from 2002 No 141, Item 1176 as amended) and other appropriate Polish legal regulations.
10.2.1. The choice of Polish legislation does not deprive the Consumer of the protection granted [to him] by the provisions which cannot be excluded contractually, by virtue of law, which shall be appropriate in the event of the lack of choice i.e. law of the state, that is the Consumer’s place of permanent residence, and the entrepreneur
(1) performs business or professional activity in the state, where the Consumer’s place of permanent residence is or
(2) in any way directs this activity to this state or to several states, including the said state, and the agreement belongs to the scope of this activity.
10.3. The Service Provider reserves the right to amend these Regulations. Amended Regulations are binding for Customers if requirements specified in Art.384 of the Civil Code (the Customer has been notified about changes in the right way) have been fulfilled and if the Customer has not terminated the continuous Agreement within a 14-day notice. Changes in Regulations shall not breach any acquired rights or entitlements, especially they shall not impact placed or processed Orders and signed Sales Agreements, which shall be executed according to previous principles. If the change of Regulations effected in introduction of any new fees or increase in present fees, the Consumer is entitled to terminate the Agreement.
10.4. The Customers may access Regulations at any time using a jump bar on the main page of the Online Shop and download it and print it. Regulations of the Online Shop are available under the address www.carsecu.com/terms-and-conditions and are delivered to the Customer electronically free of charge at any request.
Previous versions of Regulations are available at the address: www.carsecu.com/terms-and-conditions.
10.5. Recording, protection and making available of the Sales Agreement and the Agreement on provision of electronic services is rendered through:
(1) making available Regulations on the pages as indicated in the point 10.4 and
(2) sending an e-mail to the Customer, and in case of the Sales Agreement also by
(3) attachment of a purchase receipt, Order specifications and written confirmation in accordance with provisions concerning agreements concluded remotely.
10.6. Any dispute arising between the Service Provider, Seller and the Customer who is a consumer shall be settled by appropriate common courts. Any dispute arising between the Service Provider, Seller and the Customer who is not a consumer shall be settled by a competent court of law, appropriate for the legal seat of the Service Provider or Seller.
Previous version of Terms & Conditions:
– version from 2012-10-15
