GENERAL TERMS

GENERAL TERMS OF TRADE OF THE INTERNET STORE Motokingsparts.com

CONTENT

1. FUNDAMENTAL GUIDELINES
2. E-COMMERCE SERVICES DELIVERED BY THE WEB STORE
3. CONCLUSION OF THE PURCHASE-SALE AGREEMENT
4. METHODS AND TERMS OF PAYMENT
5. PRODUCT DELIVERY COSTS, METHODS, AND TIMELINES
6. COMPLAINT REVIEW PROCESS
7. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES AND SUBMISSION OF CLAIMS: PRINCIPLES AND METHODS
8. TERMINATION RIGHT
9. CUSTOMERS WHO ARE ENTREPRENEURS
10. PRODUCT FEEDBACK
11. FINAL PROVISIONS
12. CANCELLATION FORM - SAMPLE

The online store gives due course to the rights of consumers. A user cannot waive the rights imposed by the Consumer Rights Act. All the clauses in the contract that are disadvantageous to the consumer by way of the contents of the law are determined as inapplicable, and the contents of the Consumer Rights Act apply as a priority. These Terms are designed not to exclude or restrict any consumer rights provided by mandatory legal provisions. Any ambiguities should be resolved in favor of the consumer. In the event of any discrepancies between these Terms and the aforementioned provisions, the latter shall prevail.

1. FUNDAMENTAL GUIDELINES

1.1. The online store accessible at Motokingsparts.com is managed by MOTOKINGS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, located in Jaksmanice. The location address is Jaksmanice Street 61, 37-731 Jaksmanice, Poland, and the delivery address is the same. The company is registered in the State Court Register of entrepreneurs with the number KRS 0000863555. The Taxpayer Identification Number is PL7123408268, and the REGON is 387213836. You can contact them via email at office@motokingsparts.com or by phone at +48691439136.

1.2. These General Terms and Conditions shall be applied to all consumers and businesses while using the Online Store, unless specified otherwise in particular provisions of the given Terms and Conditions.

1.3. The seller is responsible for managing personal data processed in accordance with the regulations of the online store. This data is handled based on the scope, principles, and rules outlined in the Privacy Policy, which is available on the Online Store's website. The Privacy Policy explains how the seller processes buyers' personal data, detailing the principles and purposes of data processing, the rights of data subjects, and information about the cookies and analytical tools used by the store. Participation in the online store, including making purchases, is voluntary. Users or customers of the e-commerce platform provide personal data voluntarily, except in cases mentioned in the Privacy Policy, such as contract conclusion and the seller's legal obligations.

1.4. Definition:

1.4.1. SALES AGREEMENT - (1) An agreement for the provision or use of a product, within the meaning of non-digital service and other products, concluded between the customer and the seller through the online store; (2) Product purchase agreement, within the meaning of movable objects and movable objects with digital elements; and (3) Agreement for the provision of a product within the meaning of a digital content or a digital service.

1.4.2. SELLER; SERVICE PROVIDER - MOTOKINGS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ located in Jaksmanice (location address: Jaksmanice Street 61, 37-731 Jaksmanice, Poland, delivery address: Jaksmanice Street 61, 37-731 Jaksmanice, Poland); registered in the register of entrepreneurs of the State Court Register under number KRS 0000863555; Taxpayer identification number: PL7123408268; REGON: 387213836, email address: office@motokingsparts.com and contact phone number: +48691439136.

1.4.3. ONLINE STORE - The online store operated by the service provider at www.motokingsparts.com/.

1.4.4. GENERAL TERMS AND CONDITIONS - These General Terms and Conditions of Trade applicable to the use of the Online Store.

1.4.5. DIGITAL SERVICE - A service provided by a service provider for the benefit of a service recipient digitally through the online store.

1.4.6. CIVIL CODE — The Civil Code of the Republic of Poland of 23 April 1964 (Legislative Gazette 1964 No. 16, item 93 with amendments).

1.4.7 CLIENT - (1) A physical person with a legal capacity; (2) a legal entity; or (3) an organizational unit which is not a legal person, but to which the legal order grants a legal capacity ; - who has concluded or intends to conclude a sales contract with the seller.

1.4.8. ORDER FORM - means an electronic instrument, being an interactive form available in the Shop online, allowing the Customer to place an order, especially by adding items to the electronic basket and choosing the terms of the contract including delivery time and method of payment.

1.4.9. WORKING DAY - Mondays to Fridays, exclusive of declared holidays.

1.4.10. PRODUCT – Product refers to movable property offered in the online store, which includes items with digital elements. These are products that contain digital content or a digital service, or are connected to such digital components in a way that their proper functioning is dependent on the digital content or service. This is the subject of a sales agreement between the client and the seller. 

1.4.11. CONSUMER RIGHTS LAW - Act of May 30, 2014, regarding Consumer Rights, as published in the Journal of Laws of 2014, item 827, with subsequent amendments.

1.4.12. ORDER - a statement of the Customer's will, submitted using the form available on the website, which constitutes an offer to enter into a sales agreement with the Seller.

1.4.13. RECEIVER OF SERVICES - (1) A legal entity; (2) an organizational unit that is not a legal entity but is granted legal capacity by the legal order; - who uses a digital service or intends to do so; (3) an individual with full legal capacity or, in legally justified cases, also an individual with limited legal capacity;

2. E-COMMERCE SERVICES DELIVERED BY THE WEB STORE

2.1. The online store provides the following digital services: order form and news updates.

2.1.1. The use of the order form begins when the customer adds the first product to their online shopping cart. To place an order, the customer must complete two steps. First, they fill out the order form. Second, they click on the "Place order" button on the online store's website after completing the form. Customers can modify their entered data until the final submission. The messages and information enclosed on the store's website should be reviewed with a lot of attention. Upon ordering, every customer is supposed to mention his first and last names, or the name of his company, as well as the address: street name and house number, postal code, city, and country. Also, customers are required to enter an email address and contact phone number. This form also includes the exact details of the sales contract, including purchased products, quantity, place, and method of delivery, and method of payment. In the case of business customers, a firm name and tax identification number will also be required.

2.1.2. The digital service known as the "order form" is both free and single-use. Its functionality ceases immediately upon either the submission or cancellation of the order.

2.2. To effectively communicate with the service provider's information system, you must comply with specific technical requirements. A computer, laptop, or any multimedia device with Internet access is essential. Additionally, you will need an email address and one of the latest versions of a web browser, such as Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge. Screen resolution should be at least 1024x768. Ensure that cookies and JavaScript are enabled in your web browser for optimal performance.

2.3. The service recipient must not use the online store for criminal or obscene purposes. They are required to provide accurate information and are prohibited from entering illegal content on the website.

2.4. The procedure for submitting complaints related to electronic services is detailed in section 6 of the Rules.

3. CONCLUSION OF THE PURCHASE-SALE AGREEMENT

3.1. The purchase-sale agreement between the client and the seller is finalized when the client submits an order through the online store using the specified order form, as detailed in clause 2.1.2 of the General Terms and Conditions.

3.2. The product price or remuneration displayed on the online store's website is shown in euros (EUR) and includes all applicable taxes. Customers will be informed on the online store's pages about the total price or remuneration, inclusive of taxes. If the nature of the product makes it impractical to predict these amounts in advance, the method for their calculation will be provided. Additionally, the cost of delivery, which encompasses transport, delivery, or postal charges, along with any other applicable costs, will be disclosed. In cases where these fees cannot be determined at the time of order submission, the obligation to pay them will be communicated both at the point of submitting the order and when the client indicates their intention to enter into the sales contract.

3.3. The procedure for concluding a contract through the online store using the order form involves the client submitting an order, as described in clause 2.1.2 of the General Terms and Conditions. Upon receiving the order, the seller promptly confirms its receipt and accepts the order for fulfillment. This confirmation is carried out by sending an email to the address specified during registration. The notification will include a statement from the seller that the order has been successfully received and accepted for fulfillment, as well as confirmation of the conclusion of the relevant sales contract. From the moment the client receives this message, the sales contract between the client and the seller is considered successfully concluded.

3.4. The process of consolidating, preserving, and providing the content of the concluded sales contract involves several steps. Firstly, the General Terms and Conditions are made available on the online store's website. Additionally, an email is sent to the client as outlined in Clause 3.3 of the General Terms and Conditions. Furthermore, the content of the sales contract is securely stored and protected within the seller's online store computer system.

4. METHODS AND TERMS OF PAYMENT

4.1. The seller provides several payment options to the client for fulfilling obligations under the sales contract. Clients can make cash payments upon personal delivery. Alternatively, they can opt for a bank transfer directly to the seller's account. Electronic payments and card payments are also accepted through Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro cards. These transactions can be processed via Przelewy24.pl, PayPal.com, or Fondy.eu. The specifics of the available payment methods are detailed on the online store's website in the payment information section.

4.1.2. Clients have the flexibility to choose their preferred payment processor from BlueMedia.pl, Przelewy24.pl, PayPal.com, or Fondy.eu, with comprehensive details about these processors provided accordingly. Details of these payment processors are as follows:

4.1.2.1. Przelewy24.pl is operated by PAYPRO SPÓŁKA AKCYJNA, located at 8 Pastelów Street, 60-198 Poznań. It is registered in the State Court Register by the District Court of Poznań - Nowe Miasto and Wilda, VIII Economic Department, under KRS number 0000347935, with a share capital of PLN 5,476,300.00, TIN 7792369887, and REGON 301345068.

4.1.2.2. PayPal.com is managed by PayPal (Europe) S.ar.l. & Cie, S.C.A., located at 5th floor, 22-24 Boulevard Royal, L-2449, Luxembourg.

4.1.2.3. Fondy.eu is operated by eCard Spółka Akcyjna, located at 16/22 Krucha Street, 00-526 Warsaw. It has a fully paid share capital of PLN 30,259,488.00 and is registered in the State Court Register by the District Court for the Capital of Warsaw, XII Commercial Department, under KRS number 0000042304, TIN 5213103040, and REGON 016341786.

4.2. Payment Terms:

4.2.1. Should the client opt for payment via bank transfer, electronic payment, or card payment, the payment must be completed within three calendar days following the execution of the sales contract.

4.2.2. If the customer decides to pay in person upon transfer, the payment is required at the time of delivery.

5. PRODUCT DELIVERY COSTS, METHODS, AND TIMELINES

5.1. The product delivery to the customer is typically paid for by the customer unless stated otherwise in the sales contract. The delivery cost (including transportation, delivery, or postal charges) is provided to the customer on the online store pages and during the order placement process, including when the customer commits to the sales contract.

5.2 Customers can collect the product in person at no charge.

5.3 The seller offers the following delivery or pickup options:

5.3.1. Postal delivery.

5.3.2. Pallet delivery.

5.3.3. Personal pickup at: Str. Jaksmanice 6137-731 Jaksmanice, available on weekdays from 08:00 to 18:00 and on Saturdays (excluding public holidays) from 08:00 to 14:00.

5.4. The delivery period for the product is up to 10 working days unless otherwise specified in the product description or during order placement. For products with varying delivery times, the longest stated time applies, but it will not exceed 10 working days. The delivery period starts as follows:

5.4.1. When payment is made through bank transfer, electronic payment, or card payment, the period begins on the day the funds are deposited into the seller's bank account.

5.5. If the customer opts for personal pickup, the product will be ready within 5 working days unless a different timeframe is specified in the product description or during order placement. For products with varying preparation times, the longest stated time applies, but it will not exceed 5 working days. The seller will notify the customer when the product is ready for pickup. The preparation period starts as follows:

5.5.1. If payment is made via bank transfer, electronic payment, or card payment, the period starts from the day the funds are credited to the seller's bank account.

6. COMPLAINT REVIEW PROCESS

6.1. This section outlines the procedure for handling all complaints submitted to the seller. This includes issues related to products, sales contracts, electronic services, and any other matters concerning the seller or the online store.

6.2. For products identified as used or defective, the seller is not liable for deficiencies in quantity, durability, safety, packaging, accessories, or instructions if the consumer was explicitly informed about the non-compliance of specific properties before the contract was concluded and agreed to this non-compliance separately.

6.3. You can submit a complaint through the following methods: (1) In writing: Send by mail to the address: ul. Jaksmanice 61, 37-731 Jaksmanice, Poland. (2) By email: Send to office@motokingsparts.com.

6.4. Products being returned as part of a complaint should be sent to: ul. Jaksmanice 61, 37-731 Jaksmanice, Poland.

6.5. To facilitate and expedite the processing of your complaint, it is recommended to include the following in your description: (1) Information and circumstances regarding the complaint, especially the nature and time of the defect or non-conformity. (2) Your request for a resolution method, whether it be repair, price reduction, contract waiver, or other claims. (3) Your contact details. Please note, these recommendations are advisory and not mandatory for the complaint to be considered valid.

6.6. If your contact details change during the complaint review process, you must notify the seller promptly.

6.7. You may attach evidence related to the complaint (e.g., photographs, documents, or the product). The seller may request additional information or evidence if it helps to facilitate and expedite the handling of the complaint.

6.8. The seller is required to respond to complaints promptly, but no later than 14 calendar days from the receipt of the complaint.

6.9. The seller's legal responsibility is governed by widely accepted laws, specifically the Civil Code, the Consumer Rights Act, and the Law on the Provision of Electronic Services dated July 18, 2002 (Legislative Gazette No. 144, item 1204 as amended). Additional details on the seller's responsibility for product conformity with the sales contract are outlined below:

6.9.1. Provisions applicable to complaints regarding products, that is, movable items purchased under a sales contract with the seller concluded before December 31, 2022, are contained in the Civil Code as amended up to the date noted above. The relevant sections are Articles 556-576, which regulate the grounds and scope of the seller's liability for physical or legal defects, known as warranty. Article 558 § 1 of the Civil Code does not by any means take into account a seller's liability in warranty for such products towards non-consumer customers.

6.9.2. For complaints regarding products (movable items, including those with digital elements but excluding those solely serving as carriers of digital content) purchased under a sales contract with the seller from January 1, 2023, the Consumer Rights Act, effective from January 1, 2023, is applicable. Specifically, Articles 43a to 43g of the Consumer Rights Act outline the grounds and extent of the seller's responsibility if the product fails to conform to the sales contract.

6.9.3. Complaints concerning digital content, digital services, or movable items that solely function as carriers of digital content, purchased before January 1, 2023, but delivered on or after this date, are subject to the provisions of the Consumer Rights Act effective from January 1, 2023. In particular, Articles 43h to 43q of the Consumer Rights Act delineate the grounds and scope of the seller's liability for any non-compliance with the sales contract.

6.10. In addition to legal liability, a product warranty may be provided. This is a contractual (additional) liability and applies if the product is covered by a warranty, which may be issued by entities other than the seller (e.g., manufacturer or distributor). Detailed conditions of the warranty, including the responsible party and the beneficiary, are outlined in the warranty description, such as a warranty card or related documentation. The seller notes that legal remedies for product non-conformity are provided at the seller's expense, and the warranty does not affect these legal remedies.

6.11. The provisions in clauses 6.9.2 and 6.9.3 regarding consumer rights also apply to clients who are natural persons entering into contracts directly related to their business activity, provided that the contract does not have a professional nature for the person. This is determined based on the subject of the business activity as recorded in the Central Register and Information on Business Activity.

7. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES AND SUBMISSION OF CLAIMS: PRINCIPLES AND METHODS

7.1. Out-of-court dispute resolution methods include: (1) Convergence of Parties' Positions: This can be achieved through mediation, where parties work towards a mutual agreement. (2) Proposing a Resolution: This involves conciliation, where a proposed solution is presented to both parties. (3) Imposing a Resolution: This occurs through arbitration, such as in a conciliation court, where an external party imposes a decision. For detailed information on out-of-court complaints and claims procedures, including rules for access and the system for amicable dispute resolution, visit the Competition and Consumer Protection Authority's website at polubowne.uokik.gov.pl.

7.2. A designated contact point under the authority of the President of the Office of Competition and Consumer Rights Protection offers consumers guidance on out-of-court dispute resolutions. Consumers are able to access this contact point through various means:

7.2.1. Phone: Call 22 55 60 332 or 22 55 60 333.

7.2.2. Email: Send an email to kontakt.adr@uokik.gov.pl.

7.2.3. Mail or In-Person: Visit or write to the main office at pl. Warsaw Insurgents 1, Warsaw (00-030).

7.3. Consultations are available via email at porady@dlakonsumentow.pl and through the consumer hotline at 801 440 220 (available on weekdays from 8 a.m. to 6 p.m., with charges depending on the operator's tariff).Consumers have several options for out-of-court procedures:

7.3.1. Permanent Consumer Conciliation Court: Submit an application for dispute resolution.

7.3.2. Voivodship Supervision Inspector: Submit an application for out-of-court settlement.

7.3.3. Consumer Ombudsman or Public Organizations: Seek assistance from municipal consumer ombudsmen or organizations like the Consumers' Union or Polish Consumers' Union.

7.4. Consumers and sellers can access the EU-level platform for online dispute resolution, known as the ODR platform, at ec.europa.eu/odr. This platform functions as an interactive, multilingual website that serves as a central hub for resolving disputes related to online purchases or services out of court. Further information is available on the platform's website or through the Office of Competition and Consumer Protection at polubowne.uokik.gov.pl/platforma-odr,161,pl.html.

8. TERMINATION RIGHT

8.1. Consumers who engage in a distance contract have the right to cancel it within 14 calendar days without needing to provide a reason or incur any costs, except as detailed in Clause 8.8 of the General Terms and Conditions. The cancellation deadline is considered met if the cancellation request is sent within the 14-day period. Cancellation requests can be submitted using the specified methods.

8.1.1. In writing to: Jaksmanice 61, 37-731 Jaksmanice, Poland.

8.1.2. Electronically to the email address: office@motokingsparts.com.

8.2 If a contract is cancelled, the product, including movable items with digital elements, should be returned to the following address: st. Jaksmanice 61, 37-731 Jaksmanice, Poland.

8.3. A sample cancellation form is provided in Appendix No. 2 of the Law on Consumer Rights and is also available in Clause 13 of the Regulations. Use of this sample form is optional.

8.4. The cancellation period begins as follows:

8.4.1. For contracts involving delivery of products, the period starts when the consumer or a third party (not the carrier) receives the product. For contracts involving multiple products delivered separately, in lots, or parts, the period starts upon receipt of the last item. For regular delivery of products over a specified period, the period starts upon receipt of the first product.

8.4.2. For other types of contracts, the period starts from the contract conclusion date.

8.5. Cancelling a distance contract renders it null and void.

8.6. For products, including those with digital elements:

8.6.1. The seller must refund the amounts paid by the consumer within 14 calendar days of receiving the cancellation request. Refunds will be made using the same payment method chosen by the consumer unless an alternative method is agreed upon that incurs no additional cost to the consumer. The seller may withhold the refund until the product is returned or proof of return is provided, whichever occurs first.

8.6.2. Consumers are required to return the product within 14 calendar days from the date of contract cancellation. This return can be made to either the seller or an authorized recipient unless the seller has agreed to collect the product. To comply with the deadline, it is sufficient if the product is dispatched within this 14-day period.

8.6.3. Consumers will be held responsible for any reduction in the product's value if it is used beyond what is necessary to determine its nature, properties, and functionality.

8.7. Products - Digital Content or Services

8.7.1. Upon contract cancellation for digital content or services, the seller must cease using any data other than the personal data provided by the consumer during their use of the digital product or service. However, the following exceptions apply: (1) Data that is relevant solely to the digital content or service that was subject to the contract. (2) Data that pertains exclusively to the consumer's activities while using the seller’s digital content or service. (3) Data that has been integrated with other data by the seller and cannot be separated or can only be separated with disproportionate effort. (4) Data created by the consumer in collaboration with other users who may still need it. Except for the cases mentioned in points 1-3, upon the consumer's request, the seller must provide the consumer with other data (excluding personal data) that the consumer provided or generated while using the digital content or service. When a cancellation occurs, the seller may restrict the consumer's access to the digital content or service, for instance, by blocking access. Nevertheless, this action does not impact the consumer's rights as previously stated. The consumer is entitled to return the digital content to the seller at no cost, without any hindrance, within a reasonable timeframe and in a widely used, machine-readable format.

8.7.2. Upon cancellation of the contract for digital content or services, the consumer must cease using and distributing the digital content or service to third parties.

8.8. Costs Related to Cancellation

8.8.1. The seller is not required to reimburse the consumer for the costs incurred in delivering the goods to the consumer.

8.8.2. The consumer is responsible for the direct costs of returning the product. For items that cannot be returned via regular mail (such as bulky packages), the consumer may incur higher return costs. For example, the pricing of one transport company can be found here: Pogotowie Paczkowe Pricing.

8.8.3. If a service began at the consumer's request before the cancellation period expired, and the consumer then cancels the contract, they must pay for the services rendered up to the point of cancellation. The payment is calculated proportionally to the service performed, based on the agreed contractual price or remuneration. If the price or remuneration is deemed excessive, the market value of the service will be used for the calculation.

8.9.  The consumer does not have the right to cancel a distance contract under the following conditions:

8.9.1. Service Provision Conditions

8.9.1.1. When the service is fully performed by the seller with the consumer’s explicit and prior consent, and the consumer was informed beforehand about the loss of the right to cancel once the service is performed.

8.9.1.2. When the price is subject to fluctuations in the financial market beyond the seller's control, which may occur before the cancellation period expires.

8.9.1.3. For products (including those with digital elements) that are not pre-manufactured and are tailored to the consumer’s individual orders or needs.

8.9.1.4. Products that are perishable or have a short shelf life are subject to special conditions. 

8.9.1.5. Products in sealed packaging that cannot be returned once opened due to hygiene or sanitary concerns are subject to specific regulations.

8.9.1.6. Products that become inseparably connected to other items after delivery must be considered differently.

8.9.1.7. Alcoholic beverages whose price was agreed upon at the time of the sales contract but can only be delivered after 30 days, and whose price is subject to market fluctuations beyond the seller’s control, are treated uniquely in this context.

8.9.1.8. When the consumer expressly requests immediate repairs or services at their location. If additional services or products not requested by the consumer are provided, the consumer can cancel those additional services or products.

8.9.1.9. Sound or video recordings or computer software delivered in sealed packages, which cannot be returned if the package is opened after delivery.

8.9.1.10. The delivery of newspapers, magazines, or illustrated publications, except for subscription contracts.

8.9.1.11. Contracts concluded within the framework of a public auction.

8.9.1.12. For the provision of accommodation services not intended for permanent residence, transportation of goods, vehicle rentals, public catering, and services related to entertainment, sports, or cultural events, if the contract specifies the time or period of the service.

8.9.1.13. For digital content not delivered on a material medium, when the service has begun with the consumer’s explicit and prior consent, and the consumer was informed of the loss of the right to cancel once the service commenced. The seller must provide confirmation in accordance with the relevant articles of the Consumer Rights Law.

8.9.1.14. For services where the consumer directly requests the seller to perform repairs at their residence, and the service is fully performed with the consumer’s explicit and prior consent.

8.10. The stipulations outlined in section 8 of the General Terms and Conditions regarding the consumer shall be effective from January 1, 2021. They shall apply to contracts entered into from that date onwards. This also includes clients or customers who are natural persons entering into a contract directly connected to their business activities, provided that the content of the contract indicates it is not of a professional nature for them. This determination is based on the subject of their business activities as documented in the Central Register and information on entrepreneurial activity.

9. CUSTOMERS WHO ARE ENTREPRENEURS

9.1. This section of the General Terms and Conditions is exclusively directed at and binding upon non-consumer customers or business clients. Starting January 1, 2021, for any contracts made from this date onward, these terms do not apply to natural persons who enter into contracts directly related to their business activities if it is clear that such contracts do not have a professional nature for them. This determination is based on the Central Register and Information on Business Activity. Provisions of this section will not apply if it is legally prohibited.

9.2 The seller retains the right to withdraw from the sales contract within 14 calendar days of its formation. This right can be exercised without the need to provide any justification, and the customer is not entitled to claim any damages resulting from this withdrawal. The seller's liability for product warranty or any non-conformity with the sales contract is excluded.

9.3. Complaints must be addressed by the seller within 30 calendar days from the date of receipt. The seller has the authority to limit the available payment methods, which may include requiring partial or full advance payment, regardless of the customer's chosen payment method or the existence of a sales contract.

9.4. The service provider may terminate the electronic services contract immediately and without reason by sending a notice to the service recipient. The liability of the service provider or seller to the service recipient or customer is limited to the amount paid for the purchase and delivery, but not exceeding one thousand zlotys. This limitation applies to all claims, regardless of whether they are related to the sales contract or not.

9.5. The service provider or seller is accountable only for the usual damages that were foreseeable when the contract was finalized, and does not bear responsibility for any lost profits or delays in delivery.

9.6. Any disputes arising between the seller or service provider and the customer or service recipient will be resolved under the jurisdiction of the court situated in the location of the seller or service provider.

10. PRODUCT FEEDBACK

10.1. Customers have the chance to leave feedback about their experience with the online store as outlined in this section of the General Terms and Conditions.

10.2. Customers can submit their feedback using the feedback form available on the online store's website. This form may be accessible directly on the site, through an external widget, or via a unique link sent to the customer's email after their purchase.

10.3. Only customers who have made a purchase from the online store can leave feedback. The seller sends a unique feedback link to the email provided by the customer during the purchase process, ensuring that only verified purchasers can submit feedback. If there are doubts or disputes about the authenticity of the feedback, the seller reserves the right to contact the feedback author for verification.

10.4. Customers must not use the feedback system for illegal activities, including actions that constitute unfair competition or violate personal rights, copyrights, or other legal rights of the seller or third parties. Customers are required to adhere to legal standards, these General Conditions, and good practices when posting feedback.

10.5. Reviews can be displayed directly on the online store's website or through an external feedback service linked on the site, including via external widgets.

10.6. The seller does not verify if the product reviews are from customers who have purchased the product.

10.7. Any comments or objections regarding the verification of feedback or the authenticity of the reviews can be submitted according to the complaints procedure outlined in section 6 of the General Terms and Conditions.

10.8. The seller is prohibited from posting false reviews or testimonials and does not post falsified reviews to promote their products. Both positive and negative feedback are allowed, and the seller does not provide sponsored reviews.

11. FINAL PROVISIONS

11.1. Sales contracts made via the online store are written in German.

11.2. Amendments to the General Terms and Conditions

11.2.1. The service provider may revise these General Terms and Conditions for significant reasons, including:(1) Changes in legislation, (2) Modifications to payment or delivery methods due to legal or regulatory requirements, (3) Changes in the scope or format of electronic services, (4) Introduction of new electronic services, (5) Necessity to address unforeseen and immediate threats such as swindle, malicious software, phishing attempts, data breaches, or other information security, to protect the online store and its users.

11.2.2. Proposed amendments will be communicated at least 15 days before they take effect. Exceptions to the 15-day notice period include: (1) Legal or regulatory obligations that require immediate changes. (2) Immediate modifications needed to counter unforeseen cybersecurity threats. (3) In these cases, changes will be implemented immediately or as required, with appropriate notification provided.

11.2.3. If amendments introduce new fees or increase existing ones, consumers have the right to terminate the contract.

11.3. Disposal of Electrical and Electronic Equipment

11.3.1. It is illegal to dispose of waste electrical and electronic equipment (WEEE) marked for separate collection with general waste. Owners of household WEEE must deliver it to authorized waste collectors.

11.3.2. The seller is required to accept household WEEE free of charge at its sales points, provided it is of the same type and function as the sold equipment.

11.3.3. The seller is responsible for collecting household waste electrical and electronic equipment free of charge during the delivery of new equipment. This applies only if the waste is of the same type and performs the same functions as the new equipment. Customers should notify the seller of their intention to hand over waste equipment via email at office@motokingsparts.com.

11.3.4. Waste electrical and electronic equipment given to the seller must be complete and properly prepared to ensure safe transport. The seller has the right to refuse waste that poses a threat to health or safety due to contamination.

11.4. Information about waste electrical and electronic equipment collection sites nationwide can be found using the BDO register search engine at https://rejestr-bdo.mos.gov.pl/.

11.5. For any issues not addressed by these terms and conditions, the applicable provisions of Polish law will apply. This encompasses the Civil Code, the Law on the Provision of Electronic Services (dated July 18, 2002, published in Legislative Gazette 2002 No. 144, item 1204, as amended), the Law on Consumer Rights (dated May 30, 2014, published in Legislative Gazette 2014, item 827, as amended), along with other pertinent legal regulations.

11.6. These General Terms and Conditions do not supersede the mandatory provisions of the consumer's country of permanent residence that cannot be waived by agreement. In such instances, the seller assures the consumer the protection granted by those non-excludable provisions.

12. EXAMPLE CANCELLATION FORM 

CANCELLATION FORM - TEMPLATE

(Appendix 2 to the Polish Consumer Rights Act)

Sample Cancellation Form

(Please complete and submit this form only if you wish to cancel the contract.)

Addresse:

MOTOKINGS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

str. Jaksmanice 61, 37-731 Jaksmanice, Poland

office@motokingsparts.com

Subject: Contract Cancellation Notification

I/We () hereby inform you of the cancellation of:

The contract for the purchase of the following goods ()

The contract for the supply of the following goods ()

The contract for the provision of the following services ()

(Please cross out what does not apply.)

Contract Details:

Contract concluded on () / Goods received on ()

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (required only for paper notifications)

Date:

(Please cross out the unnecessary information.)