General terms of sale

I. DEFINITIONS:

Seller - Przedsiębiorstwo Wielobranżowe AUTOS Sp. z o. o. with its registered office in Solec Kujawski at ul. Unii Europejskie 2B, 86-050 Solec Kujawski, KRS 0000021284. The Seller may act independently or through its representatives or agents. In case of any doubts about the scope of authorization of a given representative or agent, the content of the power of attorney document or agency agreement is decisive,
Buyer - a natural person, legal person, organizational unit without legal personality, placing an order or purchasing the Seller's Goods or Services,
Parties - Seller and Buyer,
Goods - movable items offered for sale by the Seller,
Services - services provided by the Seller, in particular in the field of delivery of Goods,
GTS - this document - the Seller's General Terms and Conditions of Sale,
Incoterms - means the rules announced by the International Chamber of Commerce in Paris regarding the supply of goods in international conditions (2010).

II. GENERAL RULES:

These General Terms and Conditions of Sale issued by the Seller apply to the sale of Goods and Services in the scope of all forms and modes of sale, unless separate conditions result from individual sales contracts concluded by the Parties, or from other regulations and contractual templates used by the Seller, in particular Regulations of the AUTOS Online Store.
The GTCS constitute the general terms and conditions of contracts within the meaning of Art. 384 ff. of the Civil Code. They are an integral part of the agreements concluded by the Seller and are binding for both Parties to the agreement, unless the Parties expressly agree otherwise.
The GTCS are made available on the website of PW AUTOS sp. z oo at the following address: https://autos.com.pl/pl/ogolne-warunki-sprzedazy, or by posting/publicly available at the Seller's Branches.

III. CONCLUSION OF THE AGREEMENT:

Information, price lists and other advertising and commercial materials addressed to an unspecified recipient do not constitute an offer, but only an invitation to negotiations or an invitation to submit offers by recipients of Goods or Services. The above applies in particular to the materials presented on the websites and in the AUTOS Online Store.
The Seller's offer is a letter from the Seller addressed to an individual recipient, or an electronic message marked as "offer" sent from the address with the "autos.com.pl" domain, indicating the quantity and type of Goods or Services that the Seller may provide under a given contract, the price, the date of delivery or performance, and the place of delivery or performance, as well as the validity period of the offer, if it expresses directly and directly the Seller's will to conclude a contract with the addressee of the offer. The above applies accordingly to contracts concluded via the AUTOS Online Store, where the Order Confirmation and the change of the Order status to "Confirmed pending" or "Back order" prove that the Seller has accepted the offer submitted by the recipient of the Good or Service via the New Order.
The validity period of the offer submitted by the Seller results from its content. The offer may be accepted by the recipient of the Goods or Services only without reservations. Subject to further provisions of these GCS, and other provisions of the AUTOS Online Store Regulations, the contract is concluded when the last of the Parties signs the contract, or when the Seller accepts the Buyer's order in writing, by fax or e-mail, as evidenced by the return a letter, fax or e-mail of the Seller containing the minimum elements of the contract, i.e. the quantity and type of Goods or Services that the Seller undertakes to deliver under a given contract, price, date of delivery or performance, and place of delivery or performance, if any before the expiry of the period of validity of the offer submitted by the Seller.
Any reservations or modifications of the Seller's offer made by the recipient of the Good or Service shall be considered a new offer.
The Buyer places orders at the Seller's headquarters in Solec Kujawski, or at the headquarters of one of the Seller's Branches throughout the country, in writing, by fax or e-mail, as well as in the AUTOS Online Store. The minimum content of the order includes:
- the name and code of the Goods or Services used by the Seller,
- quantity of Goods,
- proposed delivery date,
- place (exact address) of delivery.
In addition, if the Buyer has not provided this data before, the order should also include the full name (company) of the Buyer, the exact address of the company's registered office, correspondence address, telephone number, fax number, e-mail address, details of persons authorized to act on behalf of the Buyer, The buyer is registered in the business register or KRS number, as well as NIP and REGON numbers.
In addition to the regulations contained in the GTCS, the Seller allows the possibility of concluding individual contracts and reserves the right to accept orders in part and to reject them in whole or in part without giving any reason.
Persons involved in the sale of the Seller's goods are not authorized to release the Seller from the requirement to confirm the acceptance of the order in the form, on time and in the manner specified in the GTCS, to agree on conditions with a different content, or to make guarantees regarding the properties of the Goods or Services.

IV. PRICES:

All prices of Goods or Services are net prices, to which VAT should be added according to the regulations and rules in force at the time of issuing the invoice by the Seller.
The unit price includes the cost of loading the Goods onto the means of transport at the Seller's point of sale or at the plant/warehouse of the suppliers cooperating with him. Unless stated otherwise, any additional conditions for the delivery of Goods purchased on the basis of these GTCS shall be determined in accordance with the Incoterms 2010 rules, according to the EXW formula, unless the Parties have agreed otherwise in an individually concluded contract.
The price of the Goods is determined by the Seller individually for a given Buyer and separately for each concluded contract, unless the Parties have agreed fixed commercial terms, sales limits, discount levels, discounts, etc. in the mode of individual negotiations.
The Seller reserves the right to freely grant discounts and rebates for the Goods and Services sold.
The Seller is entitled to unilaterally index the prices of the Goods, without having to go to court for this purpose, taking into account additional costs, surcharges, charges, taxes, etc. resulting from the mandatory provisions of law, the effects of which occurred after the conclusion of the contract. In the case of long-term orders, with a delivery date longer than 90 days, the Seller is additionally entitled to change the prices of the Goods in the event of changes in the prices offered by the Seller's suppliers. In the latter case, the Seller shall notify the Buyer of any change in the prices of the Goods in writing or by e-mail. The Buyer will be entitled to cancel the order / withdraw from the contract within 3 days from the date of delivery of the information as above, otherwise the change in the prices of the Goods shall come into force and be binding on the Parties without the need to submit any additional statements or fulfill other formalities.

V. TERMS OF DELIVERY:

If the subject of the contract is the provision of the Goods delivery service, specified in the Seller's offer, contract, order confirmation or in the schedule agreed by the Parties, the delivery date begins to run only when the Buyer provides the Seller with all documents and information necessary for the correct delivery, in particular, provide the necessary technical data, the exact place of delivery, delivery dates, hours when the delivery can be made, a person authorized to accept the goods, a contact number at which the Buyer can be informed about unforeseen obstacles during transport affecting the delivery date , etc., and if payments have been agreed before delivery, also when it makes the agreed prepayments in full.
The place of delivery is the place indicated by the Buyer, which should meet at least the following minimum conditions: paved area and free access, enabling transport by a truck or van adequate to the quantity and type of ordered Goods.
Confirmation of the release of the Goods is made on the WZ document, waybill, CMR document, or on the basis of other documents required by the Seller. Confirmation of the release of the Goods by the Buyer is made only by an employee authorized by name to accept them. In the absence of the authorization, presented at the latest before the commencement of unloading the Goods, the presumption of its possession, resulting from the very fact of signing the WZ document, or the actual act of accepting the goods on the Buyer's account, shall be effective.
The Buyer who collects the Goods with his own transport or through a carrier is responsible for proper securing of the load. Any losses, destruction or damage caused during transport shall not be charged to the Seller. In this case, the Seller is responsible for documented quantitative and qualitative shortages of the Goods as of the moment of their receipt by the Buyer or a carrier acting on his behalf.
In a situation where the Goods are delivered by the Seller to the place indicated by the Buyer, the Buyer is obliged to accept the Goods in terms of quality and quantity immediately after the completion of transport and unloading. Depending on the order placed, the delivery of Goods may be carried out in two variants:
- with unloading,
- without unloading (in this case, the Buyer should provide all necessary means to enable efficient unloading of the car).
It is the Buyer's obligation to ensure that at the indicated place of delivery there is a person authorized to collect the Goods (applies to the Buyer's drivers, respectively, in the case of collecting the Buyer's own transport). If there is no person with the required authorization at the place indicated by the Buyer, the Seller has the right to release the Goods to any person who undertakes to accept them on behalf of and for the account of the Buyer, at the Buyer's cost and risk. The risk related to the release of the Goods shall be borne by the Buyer in such a situation, as long as the release of the Goods takes place on the date and place of delivery in accordance with the concluded contract.
In the event of force majeure or other unforeseeable, extraordinary circumstances not attributable to the Seller, such as those indicated in point IX of these GCS, the Seller reserves the right - if the above circumstances make it impossible to perform the delivery on time - to postpone the delivery date or to provide another service, as the duration of the obstacle, and for an appropriate period necessary to resume deliveries or to perform another service.
At the time of handing over the Goods by the Buyer, the Goods must be checked in terms of quality and quantity. The Buyer is obliged to immediately report any visible defects and defects in the Goods or their packaging, on the CMR document or in the bill of lading, and additionally, no later than within 3 working days from the date of delivery, in writing or in the form of an e-mail to address of the Seller's registered office, or to the address of the Seller's Branch handling a given order, together with photo documentation.
Goods received by the Buyer without reservations are considered free from obvious defects. Receipt of the Goods on the Seller's release document is tantamount to the Buyer's loss of claims related to quantity shortages or defects or obvious defects of the released Goods.
Long-term orders, in particular "back orders", remain in force despite exceeding the delivery date, if this occurs for reasons for which the Seller is not responsible, in particular as a result of supplier delays and other external reasons. In such cases, the Seller shall inform the Buyer about the change in the delivery date in writing, by e-mail, or via a message generated on the Buyer's account in the AUTOS Online Store, unless the Parties agree to cancel the order. The Seller is entitled to invoice and pay for the Goods not released to the Buyer in accordance with the agreed date/schedule, for reasons for which the Seller is not responsible. Notwithstanding the foregoing, if the delivery deadline is exceeded for reasons attributable to the Buyer, the Seller may cancel the order/withdraw from the contract - within 90 days from the ineffective expiry of the delivery date.

VI. RISK PASSAGE:

The risk of accidental loss or damage to the Goods is transferred to the Buyer when they are handed over to the Buyer or a person authorized to collect the Goods, including the person responsible for transport, in particular the carrier, driver, etc.
In the event of a delay in the release/shipment of the Goods for reasons attributable to the Buyer, the transfer of the risk of loss or damage to the delivery item takes place when the goods are ready for release/shipment.

VII. TERMS OF PAYMENT:

Payment for the Goods and Services shall be made immediately after the invoice is issued by the Seller, within the period specified therein, or according to the payment terms separately agreed by the Parties.
The date of payment shall be considered by the Parties as the date of receipt of funds on the Seller's account (date of crediting his account).
The Seller may require the Buyer to make a prepayment (advance payment) in the amount agreed in the specific contract, as an appropriate amount, or an appropriate percentage of the order value, before the date of their delivery, within the period agreed in the specific contract.
In the event of a delay in payment, the Seller has the right to charge statutory interest for delay in commercial transactions, regardless of the right to suspend delivery.
After the expiry of the payment deadline for any obligations of the Buyer, the Seller has the right to suspend the delivery of any Goods to the Buyer or the performance of any Services for the Buyer, and all financial obligations of the Buyer towards the Seller become immediately due and payable, regardless of the previously agreed payment dates. Suspension of deliveries or the Seller's use of other rights provided for in these GTS in the event of the Buyer's delay in payment deprive the Buyer of the possibility of pursuing any claims for non-performance or improper performance of the contract, in particular claims for damages for damages caused to the Buyer as a result of suspending deliveries, making all receivables of the Seller against the Buyer payable, or the Seller exercising other rights referred to in the GTCS.
The Buyer, who makes regular purchases from the Seller, may be granted a trade credit, ie a postponement of payment deadlines by the Buyer for the purchased Goods or Services, on the terms and in the amount individually agreed by the Parties.
Granting a trade credit to the Buyer may be conditional on providing the Seller with the documents required by him, in particular:
- current certificate of no arrears with the payment of public and legal liabilities,
- declarations on pending bankruptcy, reorganization, liquidation or any other proceedings with similar premises or effects,
- lack of any payment arrears of the Buyer towards the Seller,
- making/providing by the Buyer of securing the payment of the Seller's receivables in the form previously approved by the Seller in writing. The final decision regarding the choice of the method and amount of security, or waiving the security requirement, rests with the Seller.
The Seller may refuse to conclude a contract or accept/confirm or execute an order if the trade credit granted to the Buyer is exceeded.
In the event of late payment, the Seller is entitled to claim, in addition to the principal amount and statutory interest for delay in commercial transactions, also other side costs, in particular court costs, enforcement costs, legal representation, and all costs related to the recovery of this amount, also on pre-litigation stage.
At the Seller's request, in particular if the Buyer applies for a trade credit, the Buyer shall provide the Seller with a bank or insurance guarantee, a recognized credit or insurance institution, or other appropriate security chosen by the Seller (e.g. blank promissory note, surety, etc.), securing the Seller's claims for payment of the price/remuneration for the Goods or Services. The seller is entitled to demand such security at any time, at its sole discretion. Until the Buyer presents the above-mentioned security, the Seller may suspend the conclusion of the contract, acceptance/confirmation of the order, or execution of the order without any obligation to the Buyer.
In the event of becoming aware of any circumstances/indications indicating the Buyer's loss of financial liquidity or the Buyer's lack of creditworthiness, in particular if it is not possible to execute bills of exchange or checks issued by him, or the Buyer is late with any payments, etc., the Seller may, at its own discretion and choice, withhold the execution of submitted but unrealized orders, or make their execution conditional on the submission of certain securities by the Buyer, or on the payment by the Buyer of the price/remuneration in advance, before the previously agreed payment dates - in this case, the Seller's receivables for payment become due upon the expiry of the deadline set for the Buyer by the Seller in writing, under pain of suspending the execution of the order. In the event of ineffective expiry of the above-mentioned deadline, the Seller may, at its own discretion, withdraw from the order/contract or from any contracts concluded with the Buyer, without separate requests, in whole or in part. The Buyer is not entitled to any claims against the Seller on this account. The right to withdraw referred to above may be exercised by the Seller within 90 days from the date on which the Seller became aware of the grounds for withdrawing from the order/contract.
If the Seller exercises the right of withdrawal referred to above, the Buyer shall reimburse the Seller for all costs previously incurred by the Seller in order to conclude and perform the contract. This does not affect the Seller's right to pursue further claims for damages.
The Seller has the right to transfer any receivables due to the Seller from the Buyer to any third party, in particular to a bank (factor) - without the need to obtain a separate consent of the Buyer. If the Seller exercises the above right, the Buyer will be notified in writing about the transfer of the claim and the obligation to repay the debt to the account of the assignee/factor indicated in the letter. Any collateral for claims obtained by the Seller from the Buyer will remain valid and effective in such a case, and may be transferred to the assignee/factor - without the need to obtain a separate consent of the Buyer.
The Buyer undertakes to immediately notify the Seller in writing of each change of its registered office or address for deliveries, including the e-mail address and fax number, if they have been provided to the Seller. Failure to notify means that deliveries made to the addresses and numbers indicated in orders or in signed contracts are considered effective.

VIII. RESERVATION OF OWNERSHIP:

Until full payment for the Goods, they remain the sole property of the Seller.
In the event of a delay in payments, the Seller may submit to the Buyer, or to each other, current (according to the date of sending the request for return) holder/administrator of the Goods, a written request for the return of the Goods issued and not paid in 100%. The Buyer is obliged to return all unpaid Goods to the Seller at its own expense and risk, to the place indicated by the Seller, not later than within 7 days from the date of delivery of the request for their return.

IX. HIGHER POWER:

In the event of circumstances that could not have been foreseen at the time of confirmation/acceptance of the order or conclusion of the contract, such as, for example, non-performance of deliveries by the Seller's sub-suppliers, any disruptions in the operation of the Seller's plant caused by fire, water and other similar circumstances, failure of production facilities and machinery, strike, suspension of media supplies, in particular electricity, ICT services, etc., no possibility of transport, road accidents and collisions, actions of public authorities, etc., the Seller is released from the obligations arising from confirmed/accepted orders or from concluded contracts, and from these GTS, for the entire duration of such circumstances, and for the additional time necessary to resume deliveries of Goods or resume the provision of Services, and does not bear any negative legal consequences on this account.

X. INTELLECTUAL PROPERTY:

The Seller reserves all intellectual property rights to documentation, drawings, calculations, technical calculations, consultative studies and other documents provided or made available to the Buyer by the Seller in order to place or accept/confirm an order, or to conclude a contract, or execution. They are intended only for purposes related to the conclusion and performance of the contract and may not be, in whole or in part, reproduced or made available to third parties without the prior written consent of the Seller, as well as used by the Buyer for purposes unrelated to the conclusion or performance of the contract concluded with the Seller.

XI. QUALITY GUARANTEE, SELLER'S RESPONSIBILITY:

The Seller may provide the Buyer with its own quality guarantee for the Goods, which can only be confirmed by the AUTOS Guarantee Card issued to the Buyer together with the Goods. Failure to provide a quality guarantee by the Seller does not deprive the Buyer of the possibility to use the quality guarantee provided by the manufacturer or by another entity (importer, supplier of the Seller, etc.) - hereinafter jointly referred to as the "Manufacturer".
If the AUTOS Guarantee Card is issued to the Buyer, the Seller shall be liable for the quality of the Goods only under the terms of the quality guarantee it has provided. In this case, the Seller's liability under the warranty will be excluded in full, to the extent permitted by applicable law.
If the AUTOS Guarantee Card is not issued to the Buyer, the Seller shall be liable for the quality of the Goods only under the terms of the warranty, subject to the modification of the provisions of art. 556 ff. of the Civil Code in a manner analogous to that indicated in point XI item 4 - item 21 of these GTS, unless such a change would be legally inadmissible. If the Buyer is a consumer, limitation or exclusion of liability under the warranty is allowed only in cases specified in specific provisions.
If the Seller grants a quality guarantee, the conditions and deadlines arising from these GTS will apply, unless the AUTOS Guarantee Card states otherwise. In the event of any discrepancies between these GTCS and the AUTOS Guarantee Card, the conditions or terms more favorable to the Seller shall apply.
If the Goods are covered by the quality guarantee provided by the Manufacturer, the Buyer will be primarily obliged to submit/report complaints/defects in the warranty regime provided by the Producer, under the conditions and within the time limits specified therein, in particular if he received a warranty card with the Goods, or another equivalent document issued by the Producer of the Goods.
The Seller, if possible, will provide the Buyer with the Goods with a warranty card issued by the Manufacturer and may mediate in the transfer of the complaint or the Goods to which the complaint relates to the Producer of the Goods - at the expense and risk of the Buyer. As part of the quality guarantee provided by the Producer of the Goods, the Seller shall not be charged with any obligations, risks, costs or liability in this respect, unless otherwise expressly stipulated in the contract concluded with the Buyer.
The Manufacturer's decision as to the acceptance or rejection of the complaint submitted by the Buyer is not binding on the Seller, with the proviso that the Seller may base its decision on the justification of the Producer's decision or on the results of tests carried out by the Producer or on his behalf. The Seller will be entitled to reject the complaint under the quality guarantee provided by him, without the need for its substantive consideration, if it is found that the Buyer has not exhausted the quality guarantee provided by the Manufacturer.
Any rights or claims under the quality guarantee provided by the Seller may be acquired by the Buyer provided that the full payment for the Goods or Services is made within the time limit indicated on the invoice. The above means in particular that the Buyer may not withhold the payment of the price for the Goods or remuneration for the Service in connection with the complaint, or make the payment conditional on accepting the complaint or removing the defect. If a complaint is submitted before the deadline for payment of the price for the Goods or remuneration for the Service, the Seller shall be entitled to suspend the complaint procedure until the Buyer pays 100% of the price or remuneration. If a trade credit is granted to the Buyer for a period longer than 3 months from the date of delivery of the Goods, the Buyer's submission of a complaint under the quality guarantee provided by the Seller results in the immediate maturity of the Seller's claim for payment of the price for the complained Good or remuneration for the Service related to the complained Good. In this case, the Buyer will be obliged to pay 100% of the price or remuneration no later than within 14 days from the date of submitting the complaint.
As part of its quality guarantee, the Seller undertakes to remove defects in the Goods free of charge, by repairing or replacing them with new ones, free of defects, at the Seller's discretion. The Seller may release himself from the obligation to remove the defect if the cost of its removal is, in the opinion of the Seller, grossly high. In this case, the Seller may withdraw from the contract with the Buyer, with the return of the price paid by the Buyer, after deducting the benefits obtained by the Buyer related to the use of the Goods in the period before the defect occurred. For the purposes of the above provision, the Parties assume that the period of full depreciation of the Goods will be 3 years, and the value of the Buyer's benefits will be determined in proportion to the period in which the Buyer used the Goods (or could use them) before notifying the Seller of the discovery of its defect.
If it is granted by the Seller, the quality guarantee period for the Goods will be 12 months from the date of their delivery to the Buyer (the first one), unless the Seller stipulated a different quality guarantee period in the AUTOS Guarantee Card issued to the Buyer, but in any case not longer than quality guarantee provided by the Manufacturer.
The Buyer will be entitled to make any claims under the quality guarantee provided by the Seller only if he has previously examined the Goods, and immediately notified the Seller of all noticed (obvious) defects, not later than within 7 days from the date of delivery of the Goods.
The Seller will be released from liability under the quality guarantee if the Buyer knew about their defect at the time of purchase or delivery of the Goods, or should have known about it, in particular if he is a professional.
In the event of defects in the Goods, in order to take advantage of the quality guarantee provided by the Seller, the Buyer will be obliged to:
- refrain from their use, assembly, commissioning, configuration, etc. of the Goods. If the Buyer proceeds to the assembly, commissioning, configuration, use, etc. of the Goods with previously found defects, the Seller shall not bear the costs of disassembly, disassembly and reassembly, commissioning, configuration, etc. of the Goods, as well as for any damages incurred by the Buyer from this title,
- immediately, not later than within 7 days from the date of disclosure of the defect, in writing or via e-mail to the address ihd.b2b@autos.com.pl , inform the Seller about its disclosure, in particular by sending the Complaint Notification form, which the pattern is available on the Seller's website or at the Seller's Branch,
- securing the Goods against damage,
- cooperate with the Seller in explaining the causes of defects,
- deliver the complained Goods to the Seller or other entities acting on his behalf, in order to examine the Goods and determine the legitimacy of the complaint. In the case of purchases made through the Seller's Branches, the Buyer shall deliver the Goods to the Branch through which he purchased the Goods, at his own cost and risk. The Seller does not accept COD shipments sent to him. The goods will be delivered by the Buyer in the original packaging, or in another equivalent packaging ensuring its safe transport and storage,
- provide the Seller with proof of purchase of the Goods, as well as proof of exhaustion of the quality guarantee provided by the Manufacturer.
The Complaint Report referred to in point 13 lit. b) above, should contain a detailed description of the defect, as well as the date and circumstances of its disclosure. The Buyer shall attach photos of the defective Goods or photos of the defective element of the Goods to the notification. The Seller will be entitled to reject the complaint, without the need for its substantive consideration, in the event of non-performance or improper performance by the Buyer of the notification obligations referred to in the first sentence above.
The seller will consider the complaint immediately. The Buyer will receive a response within 21 days from the date of proper performance by the Buyer of all (last) obligations referred to in item 13 and item 14 above. The deadline for considering the complaint may be extended by the Seller in justified cases, in particular if its assessment requires conducting tests, consulting the Manufacturer or an expert, about which the Seller will inform the Buyer within the time limit specified above, indicating at the same time the estimated date of completion of the complaint procedure.
The Seller's liability under the quality guarantee may only cover defects caused by reasons inherent in the Goods as at the date of delivery of the Goods to the Buyer. The quality guarantee provided by the Seller shall not cover defects in the Goods resulting in particular from: a) improper or inconsistent with the instructions, or with the normal purpose of the Goods and their properties, assembly, commissioning, configuration, use, etc. of the Goods, b) use of inappropriate materials and devices to be installed, commissioned, configured, etc. of the Goods, c) non-compliance, lack of compatibility, etc. of the Goods with other devices, d) improper protection, transport, unloading or storage of the purchased Goods, unless the Seller has assumed responsibility in this regard on the stage of concluding a contract for a given Good, e) natural disasters or other unpredictable random events.
The seller is also not responsible for:
- wear and tear of the Goods (normal or abnormal),
- circumstances for which the Buyer or third parties, independent of the Seller, are responsible,
- defects resulting from omission or improper, and in particular, untimely performance of activities related to the ongoing operation of the Goods, in particular their protection, maintenance, service and cleaning,
- defects caused by external factors, in particular mechanical damage, damage caused by unacceptable chemical agents, etc.,
- defects the existence of which the Buyer knew at the time of concluding the contract,
- defects that the Buyer did not report to the Seller within the time limits referred to in point XI point 11 or in point 13 lit. b) GTCS,
- consequential defects resulting from a delay in notifying the Seller of other defects,
- defects resulting from repairs carried out by the Buyer on its own, or by third parties acting on behalf of the Buyer, without the prior written consent of the Seller,
- defects in elements or IT or electronic components, in particular software, drivers, etc.
If the complaint is accepted, in whole or in part, the Seller will remove the recognized defects immediately, in the shortest possible time, taking into account the technical and organizational possibilities of removing the defects, including logistic conditions and rules of cooperation with the Producers or the Seller's recipients of services.
In the event that the Buyer does not collect the parcel containing the Goods or Goods after the complaint addressed to him (repaired or replaced with a new one, or in an unchanged state when the complaint has not been accepted), or refuses to collect it, and despite an additional request to collect it within 7 days counting from the date of delivery of the request to the Buyer (actual or according to the date of the first notification of the request for collection), it will be tantamount to granting the Seller an irrevocable and unconditional authorization to leave the Goods unattended, to return the Goods for storage at the expense and risk of the Buyer, or to destroy the Goods at the expense and risk of the Buyer - at the Seller's discretion.
Filing a complaint is tantamount to expressing by the Buyer an irrevocable and unconditional consent to the performance of destructive tests by the Seller, or by a third party acting on its behalf, if such tests are necessary to consider the complaint. The Seller shall not be liable for damages related to the necessity to perform destructive tests.
As part of the quality guarantee, the Seller is not obliged and does not bear the costs of delivery, collection, return, assembly and disassembly of the Goods. The above obligations and costs are fully borne by the Buyer. If the Buyer submits an unjustified complaint, the Seller may charge the Buyer with all costs incurred in connection with its submission or consideration.
Any liability of the Seller resulting from the conclusion, performance, non-performance or improper performance of the contract, as well as from torts, is limited to actual and direct damage, and its upper limit is in each case the amount of the price received by the Seller for a given Good or remuneration for a given the service to which the Buyer's complaint relates, or any other allegations or objections of the Buyer. The Seller's liability for lost profits or indirect damages is completely excluded, in particular it does not cover damage caused by the Goods to other items owned by the Buyer or third parties, as well as personal injury. The limitation of the Seller's liability does not include liability for damage caused by willful misconduct and the seller's recourse liability within the meaning of the Civil Code, if the Buyer is a consumer.

XII. COSTS OF STORAGE OF PRODUCTS NOT COLLECTED ON TIME:

In the event that the Buyer fails to collect the Goods within the period specified in the order/agreement/schedule, the Seller shall be entitled to charge the Buyer with the costs of storing the Goods for the period of delay in collection, based on the average market rates for the storage of goods applicable during the period of storage of the Goods, at where they are stored by the Seller.
The above entitlement of the Seller is not remuneration for storage, but lump-sum compensation. The Seller is not a keeper of the Goods within the meaning of Art. 835 et seq. of the Civil Code, in particular, does not bear the risk and responsibility for keeping the Goods in a non-deteriorated condition.
In the case referred to in points 1 and 2 above, the delivery of the Goods to the Buyer will take place subject to the prior acceptance by the Buyer of a VAT invoice for the storage costs, and (in total) provided that the Buyer pays the full amount due to the Seller on this account.

XIII. FINAL PROVISIONS:

These GTS are valid from May 1, 2019.
By concluding a contract with the Seller, the Buyer expressly or implicitly confirms that he has read these GTS and agrees to them. The GTCS come into force if they are provided to the Buyer before concluding the contract in one of the ways referred to in art. 384 of the Civil Code, with the proviso that the parties confirm that the use of a standard contract in the relations between them or in similar relations is customary, and an accessible and easy form for the Buyer to get acquainted with the content of the Seller's GTCS is to make it available on his website website https://autos.com.pl/pl/ogolne-warunki-sprzedazy, or displaying/ publicly available at the Seller's Branch.
The Seller shall be entitled to unilaterally amend these GCS. If the GTCS are an appendix to a written contract, the Buyer will be informed about the change in their content by delivering written information about the change to the GTS to the Buyer, unless the contract provides for a different form of delivery, and in other cases the Buyer will be informed about the change to the GTS by sending to the e-mail address the Buyer's e-mail information about the change in the GTS in electronic form, enabling its storage and reproduction in the ordinary course of activities, unless the use of a contract template is customary in relations of a given type. In the latter case, both the GTCS and their amendments are also binding when the Buyer could easily read them, in particular via the Seller's website https://autos.com.pl/pl/ogolne-warunki-sprzedazy or information posted/made publicly available at the Seller's Branch. The amendment to the GTCS is effective for the Buyer, unless the Buyer terminates the contract concluded by the parties within the nearest notice period resulting from the concluded contract of a continuous nature, and in other cases after submitting the amendment to the GTCS to the Buyer in accordance with Art. 384 of the Civil Code.
If the Buyer uses a contract template, in particular general terms and conditions of purchase, or other purchase regulations that would be inconsistent with these GTCS, the Buyer, upon conclusion of the contract, authorizes the Seller irrevocably and unconditionally to replace the conflicting provisions of the template used by the Buyer, relevant provisions of these GCS.
The transfer of any rights or obligations arising from the contract concluded by the Parties by the Buyer to third parties may take place only with the prior written consent of the Seller, under pain of nullity.
The Buyer is responsible for the consequences of providing the Seller with incorrect or incomplete data, preventing the correct execution of the order. 7. In all disputed matters, Polish law is applicable.
Any disputes arising from the performance of the contract shall be submitted by the Parties to the court competent for the seat of the Seller.
INCOTERMS 2010 is considered an integral part of these GTS, unless they are in conflict with the above provisions.