TERMS AND CONDITIONS OF THE STORE

§ 1 GENERAL PROVISIONS

1. The Online Store available at the internet address www.optimacars.eu is run by Paweł Powała, who conducts business activity under the name OPTIMA Paweł Powała, registered in the Central Business Register and Information Service of the Republic of Poland, maintained by the minister competent for the economy, with the address of the place of business and the service address: Majdan ul. Racławicka 7, 05-200 Wołomin, NIP 1251700215, REGON 384835454.
2. Email address: info@optimacars.eu, telephone number: 510768611.
3. These Terms and Conditions are addressed both to consumers and entrepreneurs using the Internet Store and define the principles of using the Internet Store as well as the principles and procedure of concluding Distance Sales Agreements with the Customer through the Internet Store.
4. The Seller is the Administrator of the personal data processed in connection with the provisions of these Terms and Conditions. Personal data shall be processed for the purposes in the scope and based on the principles indicated in the Terms and Conditions of the Online Store. The provision of personal data is voluntary. Each person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it.

§ 2 DEFINITIONS

1. Consumer - a natural person concluding an agreement with the Seller within the framework of the Store, the subject of which is not directly connected with their economic or professional activity.
2. Entrepreneur as a Consumer - a natural person running a sole proprietorship, having an entry in the Central Business Register and Information Service, concluding a contract directly related to their business activity, but not of a professional nature for them, resulting from the subject of the performed business activity, verified based on the provisions on the Central Business Register and Information Service. However, this only applies to distance and off-premises contracts.
3. Client – an entity who is a user of the Store's website, for whom, in accordance with the Terms and Conditions and legal regulations, services may be provided via the Online Store.
4. Seller - a natural person conducting business under the name OPTIMA Paweł Powała, entered into the Central Business Register and Information Service (CEIDG) maintained by the minister competent for the economy, NIP 1251700215.
5. Entrepreneur - a natural person, a legal person or an organisational unit not being a legal person but to which a separate act grants legal capacity, performing in its own name a business or professional activity and undertaking a legal action directly related to its business or professional activity.
6. Online Store – the Seller's Online Store available at www.optimacars.eu.
7. Sales Agreement – umowa sprzedaży Produktów zawarta pomiędzy Sprzedawcą a Klientem, której warunki określa w szczególności niniejszy Regulamin. Umowa Sprzedaży jest zawierana z wykorzystaniem środków porozumiewania się na odległość, po akceptacji Zamówienia przez Sprzedawcę na zasadach określonych w niniejszym Regulaminie.
8. Terms and Conditions - means these terms and conditions of the Online Store.
9. Guarantee - a voluntary declaration concerning the quality of a Product made by the Guarantor.
10. Guarantor - the entity providing the Guarantee as part of its guarantee declaration.
11. Guarantee document - guarantee card or guarantee booklet.
12. Registration Form – a form available in the Internet Store which enables creating an Account.
13. Order Form – an Electronic Service, an interactive form available in the Internet Store, enabling the placement of an Order, in particular by adding Products to an electronic cart and specifying the conditions of a Sales Agreement, including the method of delivery and payment.
14. Account – Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Service User, in which data provided by the Service User and information about Orders placed by them in the Online Store are stored.
15. Order - Customer's declaration of will placed via the Order Form and aiming directly at concluding a Sales Agreement of a Product or Products with the Seller.
16. Product – an item available at the Online Store, which is the subject of a Sales Agreement between the Client and the Seller.
17. Cart – an element of the Store's software in which the Products the Customer selects for purchase are displayed.
18. Electronic Service – a service provided electronically by the Seller to the Client through the Internet Store.
19. Working day – one day from Monday to Friday, excluding bank holidays.
20. Civil Code – the Civil Code Act of 23 April 1964.

§ 3 GENERAL PROVISIONS AND USE OF THE ONLINE STORE

1. All rights to the Online Store, including the proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to patterns, forms, and logotypes placed on the Store's Website (except for logotypes and photographs presented on the Store's Website to present goods, the copyrights to which are held by third parties) belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
2. The following Electronic Services are available in the Online Store: The Account and Order Form.
3. The use of the Account is possible after the Client has completed the Registration Form and clicked on the "Save" field. In the Registration Form, the Client must provide the following Client's details: name and surname, e-mail address and password. When filling in the registration form, the Client has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
4. Creating an electronic account is free of charge for an indefinite period.
5. The Client has the possibility, at any time and without giving reasons, to delete the Account (resignation from the Account) by sending an appropriate request to the Seller via e-mail to the address: info@optimacars.eu.
6. After submitting the completed registration form, the Client will immediately receive the confirmation of the Registration by the Seller by e-mail to the e-mail address provided in the registration form. From this moment on, an agreement for the electronic provision of Client's Account services is concluded, and the Client obtains the possibility to access the Client's Account and to make changes to the data provided during the Registration.
7. The Client can browse the Store's assortment without creating an Account. The Client can place an order after registering through his account as well as without having an account. In both cases, it is necessary to fill in an order form to place an order.
8. The use of the Order Form starts from the moment the Client adds the first Product to the electronic shopping cart in the Online Store. The Order shall be placed after the Client completes two consecutive steps in total - fills in the Order Form and clicks the field "Place order" on the Online Store's website after filling in the Order Form - up until this moment, the Client shall be able to modify the entered data (for this purpose the Client shall be guided by the messages displayed and information available on the Online Store's website). In the Order Form, the Client must provide the following details concerning the Client: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), the quantity of Product(s), place and method of delivery of the Product(s), the method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and NIP number (Tax Identification Number).
9. The Electronic Service of Order Form is provided free of charge, has a one-time character and terminates at the moment of placing an Order via the service or at the moment of earlier termination of placing an Order via this service by the Seller.
10. Technical requirements necessary for the cooperation with the ICT system used by the Seller: computer, laptop or other multimedia device with access to the Internet; access to e-mail; Internet browser; enabling the Internet browser to save Cookies and Javascript to run correctly.
11. The Client is obliged to use the Online Store in a manner consistent with the law and good practice, with due regard for personal rights, copyrights, and intellectual property of the Seller and third parties. The Client is obliged to enter factually correct data. The Client is prohibited from submitting content of an unlawful nature.
12. The Seller does not allow Clients to leave opinions on the quality of service and the quality of the Products offered.
13. The Seller does not use a mechanism to place Products in the search results list.

§ 4  CONDITIONS FOR ENTERING INTO A SALES AGREEMENT

1. The conclusion of the Sales Agreement between the Client and the Seller takes place after placing an order by the Client with the help of the Order Form in the Online Store, in accordance with §3 point 8 of the Terms and Conditions.
2. Contracts executed through the Online Store are concluded in Polish and English.
3. The price of the Product shown on the website of the Online Store is given in Polish zloty and in Euro and includes taxes. The Client will be informed of the total price, including taxes of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the obligation to pay them, on the pages of the Online Store during the placement of the Order, also at the moment of expressing by the Client the will to be bound by the Sales Agreement.
4. After placing an Order, the Seller shall immediately confirm its receipt and, at the same time, accept the Order for execution. Confirmation of receipt of an order and its acceptance for execution is made by the Seller sending an appropriate e-mail to the Client's e-mail address given during logging on to the website of the Store, which contains at least a statement of the Seller on receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. As soon as the Client receives the above-mentioned e-mail, the Sales Agreement between the Client and the Seller is concluded.
5. The customer acknowledges that the offered products are a substitute for the original product, the external form of which is protected by the vehicle manufacturer as an industrial design.  This product may only be used for the purpose indicated above. In the event of violation of the above, the Customer shall be obliged to compensate the Seller for any damages, including payment of damages to the design holder, payment of legal fees incurred by the Seller in connection with such violation.
   If the Vendor becomes aware or if, in light of all relevant circumstances, the Vendor has reasonable grounds to believe that the purchased part will be used by the Customer contrary to the above requirements, the Vendor may refuse to sell the product to the Customer.

§ 5 METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

1. The Seller shall make available to the Client the following methods of payment for the Sales Agreement:
   1. transfer payment, electronic payment or payment by card payment to the Seller's bank account, the Client is obliged to make the payment within 7 calendar days from the conclusion of the Sales Agreement. Otherwise, the Order will be cancelled.
   2. Cash on delivery (COD) payment - the Client is obliged to make payment on delivery,
   3. payment in cash upon personal collection.
2. Electronic payments and card payments by Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, via the Przelewy24 service and PayPal - current payment methods are available on the Online Store's website in the information section regarding payment methods and on the website and https://www.paypal.com.
3. In the case of refunds where the payment was made by a payment card, the refund shall be made to the bank account number provided.

§ 6 COSTS, METHODS AND DEADLINE FOR DELIVERY AND COLLECTION OF THE PRODUCT

1. The Seller shall carry out the Delivery within the territory of the Republic of Poland and the countries of the European Union.
2. The Delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Client on the pages of the Online Store and during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
3. Personal collection of the Product by the Client is free of charge.
4. The Seller provides the Client with the following methods of delivery or collection of the Product:
   1. courier delivery, courier parcel with cash on delivery, InPost Paczkomat, InPost Kurier,
5. Personal collection available at the address: Majdan, ul. Racławicka 7, 05-200 Wołomin - on Working Days, from 08:00 am to 4:00 pm,
6. Delivery terms and conditions are individually agreed with the Client before the Order is accepted for the fulfilment, and the content of these arrangements is a necessary part of fulfilling the Client's Order. The start of the period for delivery of the Product to the Client is calculated as follows:
   1. in case of choosing by the Client the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the bank account or settlement account of the Seller,
   2. if the Client chooses cash on delivery - from the date of conclusion of the Sales Agreement.
7. Deadline for Product readiness for collection by the Client - If the Client chooses to collect the Product in person, the Product shall be ready for collection by the Client within 5 working Days, unless a different deadline is specified in the Product description or during the Order placement process. In the case of Products with different acceptance periods, the acceptance period shall be the longest period stated. The Seller will additionally inform the Client about the Product's readiness for collection by sending an appropriate e-mail to the Client's e-mail address provided while placing the Order.
8. The Client will receive a written confirmation from the Seller of the sales contract concluded with the Buyer - a VAT invoice. The invoice will be enclosed with the consignment unless the Parties agree otherwise.
9. The Client authorises the Seller to issue VAT invoices without the Customer's signature and to send them together with the goods.
10. If a courier company is selected as the supplier of the ordered Products:
    1. The Client shall examine the delivered consignment with the ordered Products at the time and in the manner usual for consignments of the given type and check whether the Products are defective.
    2. If any defect or damage is identified during delivery of the consignment containing the ordered Products, the Client shall have the right to require the courier to draw up an appropriate protocol.
    3. The Client acknowledges that if a proper protocol is not taken with the courier, it may be difficult to recognise a complaint, and it is therefore recommended that evidence of the condition of the consignment at the time of delivery is collected. In such a situation, the Client should immediately contact the Seller.
    4. Detailed information on InPost's complaints procedure is made available in the regulations available on the courier companies' websites.
11. If Paczkomat (parcel locker) is selected as the delivery method for the ordered Products:
    1. If any defect or damage is identified when collecting the ordered Products from the parcel locker, the Client should initiate the complaint procedure by completing the instructions in accordance with the instructions displayed on the parcel locker screen. In such a situation, the Client should immediately contact the Seller.
    2. Detailed information on the complaint procedure for Paczkomaty InPost is available in the Rules and Regulations for the provision of the "Paczkomaty 24/7" service by InPost Sp. z o.o. on the InPost website.
    3. The type in question and to check that the Products are not faulty.
12. Paragraphs 10 and 11 of §6 apply to the Client who is a Consumer or an Entrepreneur with consumer rights.

§ 7 PRODUCT CLAIMS AND GUARANTEE

1. The contract of sale covers new Products
2. The Seller shall bear the liability provided by law for the conformity of the Product with the Sale Agreement.
3. In the event of the product's non-conformity with the concluded agreement, the Customer has the right to make a complaint based on the provisions of the Consumer Rights Act of 30 May 2014.
4. A complaint can be made:
   1. by e-mail to the Seller's address: info@optimacars.eu
   2. in the traditional way by sending a written complaint to the Seller's address: Majdan, ul. Racławicka 7, 05-200 Wołomin.
5. The complaint should include: name and surname, contact details, description of the defect, date on which the defect was noticed, proof of purchase, how to respond, and the Client's specific request related to the complaint. If the complaint concerns a Product, the Product to be complained about must be sent back together with the complaint letter. If the data or information provided needs to be completed, the Seller will ask the Client making the complaint to supplement it to the extent indicated before considering the complaint.
6. The Seller will recognise the complaint within 14 days from the date of receipt and will inform the Client of its decision in the manner indicated by the Client in the complaint letter.
7. The Seller shall be liable for any lack of conformity of the Product with the contract existing at the time of delivery and discovered within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
8. In the case of a Sales Contract with a Consumer or an Entrepreneur as the Consumer, a lack of conformity of the Product with the contract that becomes apparent before the expiry of two years from the time of delivery of the goods shall be presumed to have existed at the time of delivery unless the contrary is proven or the presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the Product with the contract.
9. The Consumer, if the Product is not in conformity with the contract, may: submit the following:
   1. request for repair or replacement;
   2. a declaration to reduce the price or withdraw from the contract when:
      1. The Seller refused to bring the Product into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act of 30 May 2014;
      2. The Seller has failed to bring the Product into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Consumer Rights Act of 30 May 2014;
      3. the lack of conformity of the Product continues despite the fact that the Seller has tried to bring the Product into conformity with the contract;
      4. the lack of conformity of the Product with the agreement is such as to justify either a reduction in price or withdrawal from the contract without repair or replacement;
      5. it is clear from the Seller's statement or the circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer.
10. The Consumer may not withdraw from the contract if the lack of conformity is immaterial. The product's lack of conformity with the agreement shall be presumed to be material.
11. The Consumer shall make the Product to be repaired or replaced available to the Seller. The Seller shall collect the Product from the Consumer at his own expense. Our Internet Store does not accept any deliveries sent back cash on delivery.
12. The Seller shall reimburse the Consumer the amounts due as a result of the exercise of the right to reduce the price immediately but no later than within 14 days of receipt of the Consumer's declaration of price reduction.
13. In the event of withdrawal, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall reimburse the price to the Consumer immediately, but no later than within 14 days of receipt of the Product or proof of its return. Our Internet Store does not accept any deliveries sent back cash on delivery.
14. The provisions of paragraphs 1-13 of this section shall apply respectively to the Entrepreneur as a consumer.
15. If the Customer is an Entrepreneur, the parties exclude liability for a warranty on the basis of Article 558 §1 of the Civil Code.
16. In the event of non-conformity of the Product with the Sales Agreement, the Client shall be entitled to legal remedies by law on the part and at the Seller's expense. The Guarantee does not affect these remedies.
17. Some Products have a Manufacturer's Guarantee valid in Poland. Information about the coverage of the Product by the Guarantee is shown on the card for the Product in question.
18. The extent of the Guarantor's liability is set out in the Guarantee Document.
19. Guarantee rights must be exercised in accordance with the terms and conditions set out in the Guarantee Document enclosed with the Product.

§ 8 OUT-OF-COURT CLAIM HANDLING AND REDRESS PROCEDURES

1. Out-of-court dispute resolution:
   1. The Consumer has the right to make use of out-of-court dispute resolution, either by requesting mediation or by requesting an arbitration hearing. The application should be submitted after the conclusion of the complaint procedure and if both parties to the dispute agree. List of Permanent Consumer Arbitration Courts operating at the Regional Inspectorates of Commercial Inspection https://www.uokik.gov.pl and https://www.rf.gov.pl. A Consumer may also use the free assistance of a County (Municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
   2. The Seller does not agree to submit any disputes arising in connection with concluded Product supply agreements to mediation proceedings.
2. Court-ordered dispute resolution:
   1. Any disputes arising between the Seller and the Consumer shall be submitted to the competent courts in accordance with the provisions of the generally applicable Polish law.
   2. The settlement of disputes arising between the Seller and a Client who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.
3. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR for consumer disputes), the Seller as a trader established in the Union entering into online sales or service contracts provides an electronic link to the ODR (Online Dispute Resolution) platform for out-of-court dispute resolution: https://ec.europa.eu/consumers/odr. Seller's e-mail address: info@optimacars.eu

§ 9 RIGHT OF WITHDRAWAL

1. Pursuant to Article 27(1) of the Consumer Rights Act (Journal of Laws 2014, item 827), a Consumer or Entrepreneur on the rights of a Consumer, concluding a "distance contract" - has the right to withdraw from the agreement without giving any reason - within 14 calendar days from the date of taking possession of the Product.
2. The time period referred to in paragraph 1 shall start from the product's delivery to the Consumer, the Entrepreneur as the consumer or a person indicated by them other than the carrier.
3. In the case of a Sales Agreement, which involves multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
4. A Consumer or an Entrepreneur with consumer rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. A Consumer or Entrepreneur with consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller.
5. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in section 9 of this paragraph. The declaration can also be made on a form, the model of which is attached as Appendix 1 to these Regulations and the appendix to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
6. If the declaration is sent by the Consumer or Entrepreneur with consumer rights by electronic means, the Seller shall immediately send the Consumer or Entrepreneur with consumer rights a confirmation of receipt of the declaration of withdrawal from the Contract to the e-mail address provided by them.
7. Effects of withdrawal from the Sales Agreement:
   1. In the case of withdrawal from a distance Sales Agreement, the Agreement shall be deemed not to have been concluded.
   2. In the event of withdrawal from the Sales Agreement, the Seller shall reimburse to the Consumer or Entrepreneur with consumer rights immediately, no later than within 14 days of receipt of the Consumer's or Entrepreneur with consumer rights' statement of withdrawal from the Sales Agreement, all payments made by the Consumer, including the costs of delivering the item, except for the additional costs arising from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
   3. The Seller shall refund the payment using the same payment methods that were used by the Consumer or the Entrepreneur on the rights of the Consumer in the original transaction unless the Consumer or the Entrepreneur on the rights of the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer. If payment is made by payment card, the refund will be made to the bank account associated with the payment card used to make the payment.
   4. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
   5. The Consumer or Entrepreneur, on the rights of the Consumer, should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Sales Agreement. The deadline will be met if the Consumer or Entrepreneur with consumer rights sends back the Product before the expiry of the 14-day period.
   6. The Consumer or Entrepreneur with consumer rights shall bear the direct costs of returning the Product, including the costs of returning the Product if the Product could not be sent back by post due to its nature.
   7. The Consumer or Entrepreneur on the rights of the Consumer shall only be liable for the diminished value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product. Due to the nature of the Product, it cannot be sent back in the usual way by post, information about this and the costs of returning the Product will be included in the description of the Product in the Shop.
8. The right of withdrawal from an agreement concluded at a distance does not apply to the Consumer and the Entrepreneur on the rights of the Consumer in respect of the Sales Agreement:
   1. in which the subject of the performance is a non-prefabricated product manufactured to the consumer's specification or serving to satisfy his individual needs,
   2. in which the subject of the supply is a product delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons if the package has been opened after delivery,
   3. for the provision of services for which the Consumer is liable to pay the price, where the Entrepreneur has supplied the service in full with the express and prior agreement of the Consumer, who has been informed before the performance of the service by the Entrepreneur that he will lose his right of withdrawal after the Entrepreneur has provided the service, and has acknowledged it,
   4. in which the price or remuneration depends on fluctuations of the financial market over which the Seller does not exercise control and which may occur before the end of the deadline for withdrawal from the Sales Agreement,
   5. in which the subject of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things,
   6. for the provision of services for which the Consumer is liable to pay the price where the Consumer has expressly requested the Seller to come to the Seller for repair, and the service has already been provided in full with the Consumer's express and prior consent.
9. Withdrawal from the agreement - shipping details:
   1. e-mail address:info@optimacars.eu
   2. Seller's address: Majdan, ul. Racławicka 7, 05-200 Wołomin.
10. The shop does not accept any cash on delivery.

§ 10 PROVISIONS CONCERNING THE BUSINESS CUSTOMER

1. The Entrepreneur concluding a "distance contract" - has the right to withdraw from the contract within 14 calendar days from the date of taking possession of the Product.
2. The period referred to in paragraph 1 shall start to run from the delivery of the Product to the Entrepreneur or to a person other than the carrier designated by the Entrepreneur.
3. In the case of a Contract involving multiple Products delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Entrepreneur may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. It shall be sufficient for the Entrepreneur to send the declaration before the expiry of the withdrawal period.
5. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 9 point 9. The declaration can also be made on a form, the model of which is attached as Appendix 1 to these Regulations and the appendix to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
6. If the declaration is sent by the Consumer electronically, the Seller shall immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. Effects of withdrawal from the Contract:
   1. In the case of withdrawal from a distance Sales Agreement, the Agreement shall be deemed not to have been concluded.
   2. The Entrepreneur should send back the Product to the Seller's address given in these Terms and Conditions no later than 14 days from the date of delivery of the Product to the Client.
   3. The Seller shall refund the payment upon receipt of the Product.
   4. Electronic and electrical parts are not returnable.
8. The return only covers defects in material and workmanship, it does not cover damage due to incorrect installation, as a result of an accident, normal wear and tear and premature wear due to the improper condition of other parts.
9. The Consumer shall bear the direct costs of returning the Product, which must be complete and factory-packed, delivered in its original packaging in an unaltered state. If the goods are sent in a different condition and packaging, the Seller may not accept it and send it back to the Client at his expense.
10. The Client, when taking over the goods delivered by the carrier or by the Seller's own means, is obliged to examine, in the customary manner and time, whether the delivered goods are in proper condition and in the agreed quantity and to confirm the receipt of the goods, and if there are any quantitative or qualitative defects, they shall be indicated in the protocol of receipt signed by the Client and the carrier. In the absence of an acceptance report prepared in the manner indicated in the previous sentence, the Seller shall be relieved of responsibility for any shortage/defect in the goods/transport unless otherwise stipulated by mandatory law. The Seller is also exempt from liability for damage caused to the goods - despite an acceptance protocol being drawn up - to the extent provided by law, particularly to the extent that the carrier is responsible for the damage.
11. The Seller shall not be liable for any extension of the delivery time of goods issued from his warehouse due to reasons beyond his control.
12. The release of the goods to the Client and the transfer of risk to the Client shall take place at the time of the release or dispatch of the goods from the Seller's warehouse to the Client or to the carrier unless it is expressly agreed with the Client that, as part of the sale, the Seller will deliver the goods to the Customer by its own means to the place indicated by the Client, in which case the release of the goods and the transfer of risk shall take place at the time the goods are released to the Client at the place of delivery.
13. The shop does not accept any cash on delivery.

§ 11 PERSONAL DATA IN THE ONLINE STORE

1. The Seller is the Controller of the Client's personal data collected via the Online Store.
2. The Controller collects the Client's personal data via the Online Store - according to the Client's will - to execute the Sales Agreement or for marketing purposes.
3. Possible recipients of the personal data of the Clients of the Online Store:
   1. In the case of a Client who uses postal or courier delivery method in the Online Store, the Collector shall make the collected personal data of the Client available to a selected carrier or an intermediary performing the delivery on the Order of the Collector,
   2. If a Client pays electronically or by payment card method in the Online Store, the Collector shall make available the collected personal data of the Client to the selected entity handling the aforementioned payments in the Online Store.
4. The Client has the right to access and correct their data. A request in this respect may be made, for example:
   1. in writing to the address: Majdan, ul. Racławicka 7, 05-200 Wołomin.
   2. in electronic form via e-mail to the following address info@optimacars.eu.
5. The provision of personal data is voluntary, although the failure to provide the personal data specified in the Terms and Conditions which are necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services shall result in the impossibility of concluding such an agreement. The data needed for the conclusion of a Sales Agreement or an agreement for the provision of Electronic Services are also specified each time on the Internet Shop website before concluding a given agreement.

§ 12 FINAL PROVISIONS

1. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e., changes to the law, changes to methods of payment and delivery - to the extent that these changes affect the implementation of provisions of these Terms and Conditions.
2. The Seller will inform the Client about any change by sending relevant information to the e-mail address provided during the account registration.
3. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights; Act on personal data protection.
4. The Terms and Conditions shall enter into force on the day of 1/01/2023.

PDF - Terms and conditions of the online store for contracts concluded to 31.12.2022.