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Statute

I General Provisions

1.Regulation of the Terms of Use in the ACP - American Car Parts online store, available at www.americancarparts.pl

2. These Regulations are the regulations referred to in Article 8 of the Act on the Provision of Services by Electronic Means

3. The ACP - AMERICAN CAR PARTS online store, operating at www.americancarparts.pl, is operated by the owner of the "ACP" brand - TMCG International Sp. z o.o. Sp.K., Tax Identification Number (NIP): 5213849868, with its registered office at 47 Domaniewska Street, 02-672 Warsaw, Poland, contact email: shop@americancarparts.pl

4. The Terms of Use specify:

- the rules for protecting registration and use of the account within the online store.

- the rules and regulations available within the online store.

- the rules included in the sale of utility services within the online store. - Using the online store is a technical solution.

- Internet access.

- Access to the website. To do this, you must familiarize yourself with copyright and the user's internet access, including Javascript and cookies.

- Have an email address and the ability to receive email.

5. In accordance with the law, ACP - American Car Parts may extend its services via the internet to individuals who are not connected to the internet under the age of 18. In such a case, potential customers may benefit from notification.

6. Customers can access the terms and conditions at any time via the "Terms and Conditions" tab on the store website www.americancarparts.pl.

7. Privacy policies are defined in the Privacy Policy located on the home page of the website www.americancarparts.pl.

8. Making a purchase in the online store www.americancarparts.pl constitutes acceptance of the terms and conditions.

 

II Terms of Use of the Online Store

1. Registration in the Online Store is optional. The Customer may place an order without registering in the Store and after reviewing these Terms and Conditions.

2. Registration is completed by completing and accepting the registration form available on one of the Store's pages.

3. Registration is conditional upon consent to the Terms and Conditions and providing the personal data marked as mandatory.

4. ACP - American Car Parts may deprive the Customer of the right to use the Online Store and may also limit their access to some or all of the Online Store's resources, with immediate effect, if the Customer violates the Terms and Conditions, in particular if the Customer:

- provides false, inaccurate, or outdated information during registration in the online store, misleading information, or information that violates the rights of third parties,

- violates the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,

- engages in other behavior that ACP - American Car Parts deems inconsistent with applicable law or general principles of internet use, or that harms the reputation of ACP - American Car Parts. A person who has been deprived of the right to use the online store may not re-register without the prior consent of American Car Parts. 5. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data transmitted online. 6. The Customer is obligated in particular to:

- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the general principles of using the Internet,

- not to provide or transmit content prohibited by law, e.g., content that promotes violence, is defamatory, or violates personal rights and other rights of third parties,

- use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,

- not to engage in activities such as sending or posting unsolicited commercial information (spam) within the Online Store,

- use the Online Store in a manner that does not cause a nuisance to other customers and ACP - American Car Parts, - use all content posted within the Online Store only for personal use. 

 

III. Procedure for Concluding a Sales Agreement

1. To conclude a Sales Agreement via the Online Store, visit the website www.americancarparts and select the Goods by completing the technical steps based on the messages displayed to the Customer and the information available on the website.

2. The Customer selects the Goods to be ordered by adding them to the shopping cart. During the Order process – until the button confirming the Order is clicked – the Customer can modify the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the website.

3. After the Customer using the ACP - American Car Parts Online Store provides all necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include, among other things, a description of the selected goods or services, the total price, and all other costs.

4. To submit the Order, it is necessary to accept the Terms and Conditions, provide personal data marked as mandatory, and click the button confirming the Order.

5. Information about the Goods provided on the Store's websites constitutes an offer within the meaning of Art. 66 of the Civil Code. The Customer's submission of an Order constitutes a declaration of intent to enter into a Sales Agreement with American Car Parts, in accordance with the Terms and Conditions. The Agreement is deemed concluded upon receipt of the Customer's Order in the Online Store's IT system, provided that the Order complies with the Terms and Conditions. After concluding the Agreement, the Customer receives an email confirming all essential elements of the Order. The Sales Agreement is concluded in the language selected, with content consistent with the Terms and Conditions. Order data and the General Terms and Conditions (Terms and Conditions of Sale) are recorded, secured, and shared via email. You can view previous orders in your account after logging in.

 

IV Delivery

1. Goods are delivered to the address provided by the Customer when placing the Order.

2. Orders are shipped via courier companies and carriers specializing in the transport of automotive parts and accessories. Oversized products, due to their size, will be delivered using a special transport service. The shipment is carried out via a carrier specializing in oversized transport.

3. The delivery time is 24 hours on a business day and is calculated from the day the Customer places the Order.

4. If the Customer chooses payment by bank transfer, electronic payment, or payment card, the delivery time is from the date the Seller's bank account is credited.

5. Free delivery is available for orders exceeding PLN 250 and applies only to deliveries within Poland.

6. Personal collection of the order is possible; please contact us in advance to arrange collection and determine the location. Contact details are available on the store's website at www.americancarparts.pl.

7. Damage to Goods occurring during delivery. In the case of consumer distance purchases, our Store always bears the risk of accidental damage or loss of goods in transit. If goods are delivered with obvious damage incurred during transportation, we kindly ask you to report such a defect to the carrier as soon as possible and contact us. Delays in filing such a complaint or contacting us will not affect your statutory claims or their satisfaction, in particular your rights under the statutory warranty for defects. Reporting any damage observed during transportation sooner will assist us in pursuing our own claims against the carrier or transport insurer. Information on the order processing method and time is available on the Store's website under the "Delivery/Personal Pickup Time and Method" tab. 

 

V Prices and Payment Methods

1. Prices for Goods are displayed in Polish zloty or euro, depending on the language selected. Prices include all components, including VAT, customs duties, and all other fees.

2. The online payment service provider is AutoPay S.A. Available payment methods:

- Online payments (Przelewy 24, Autopay)

- BLIK

- Payment cards (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro)

- Paypo

- Googlepay

 

VI Right of withdrawal

1. The Customer has the right to withdraw from this contract within 14 days only if the product has not been used, tested, etc. The withdrawal period expires after 14 days from the date on which the Customer or a third party other than the carrier and indicated by the Customer acquired possession of the goods.

2. To exercise the right of withdrawal, the Customer must notify the ACP - American Car Parts Store, owned by TMCG International Sp. z o.o. Sp, K. with its registered office in Warsaw, Domaniewska 47, 02-672 Warsaw, Poland, of its decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or email to the following address: shop@americancarparts.pl)

Link to download the withdrawal form: Withdrawal form

3. To meet the withdrawal deadline, it is sufficient for the Customer to send information regarding the exercise of their right of withdrawal before the withdrawal deadline expires.

4. The Customer bears the direct cost of returning the goods.

5. In the event of withdrawal from this contract, the Store will refund all payments received to the Customer immediately, and in any case no later than 14 days from the date on which the Store was informed by the Customer of the decision to exercise the right of withdrawal. The Seller will make the refund using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer agrees to a different solution.

6. The Store may withhold the refund until the ordered products have been received.

7. In the event of if the withdrawal from the contract is due to failure to collect the order from the shipping company carrying out the delivery, the customer bears the costs of returning the order to the Store.

 

VII. Address for Returns/Complaints

1. Please send returns/complaints to:

ACP - American Car Parts

Malwowa 152

60-185 Skórzewo

tel: 509926301, email: shop@americancarparts.pl

2 For Customers who are Consumers: We are obligated to deliver goods free from defects. The statutory liability law for defects in sold goods (warranty for defects) applies to the extent specified in Article 556 and Articles 556[1]-556[3] and subsequent Articles of the Civil Code. Complaints can be submitted: - by mail to the following address: TMCG International, ul. Domaniewska 47, 02-672 Warsaw, Poland. - via email to: shop@americancarparts.pl

3. In the event of exercising warranty rights,

if we deem it necessary to process the complaint, you are obligated to deliver the defective goods at our expense. We undertake to respond to the complaint immediately, no later than 14 days from the date of its submission. In the complaint, it is recommended that you (1) provide information regarding the subject of the complaint, in particular the type and date of the defect; (2) specify the request for removal of the defect (replacement of the goods with new ones, repair of the goods, price reduction, withdrawal from the contract – if the defect is significant); and (3) provide the contact details of the complainant

– this will facilitate and expedite the processing of the complaint by the Store. The recommendations set out in the previous sentence are intended as non-binding guidelines only and in no way affect the effectiveness of complaints submitted without providing the recommended information. 4. A Buyer who is not a Consumer loses warranty rights if they fail to inspect the goods within the time and manner customary for such items and fail to promptly notify the seller of the defect, or if the defect is discovered later if they fail to notify the seller immediately after discovering it. In the absence of notification of the defect, the goods are deemed accepted. This does not apply if we fraudulently conceal the defect. 

 

VIII. Final Provisions

1. The court with jurisdiction over disputes with Consumers shall have jurisdiction over the applicable provisions of the Code of Civil Procedure.

2. Any disputes arising between ACP - American Car Parts and a Customer who is not a Consumer shall be resolved by the court with jurisdiction over our registered office.

3. In matters not regulated by these Terms and Conditions, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2014, item 121, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). In the event of any conflict between these Terms and Conditions and the rights of Customers and provisions arising from generally applicable provisions, the generally applicable provisions of Polish law shall apply.