Online shop terms and conditions

§ 1. General provisions

1. These terms and conditions set out the rules for using the online shop available at sklep.qindito.pl (the “Shop”), placing orders, concluding and performing sales contracts, and the procedure for complaints and withdrawal from the contract.
2. The terms and conditions are made available free of charge before the contract is concluded, in a way that allows them to be downloaded, stored and printed.
3. Terms used in these terms and conditions mean:
   • Seller — the entity indicated in § 2;
   • Customer — a natural person with full legal capacity, a legal person or an organisational unit without legal personality to which the law grants legal capacity, placing an order in the Shop;
   • Consumer — a Customer who is a natural person making a purchase not directly related to their business or professional activity;
   • Entrepreneur with consumer rights — a natural person running a sole proprietorship who concludes a contract directly related to that business, where the content of the contract shows that it is not of a professional nature for that person (in particular in the light of the business activity disclosed in the Polish CEIDG business register);
   • Business Customer — a Customer who is neither a Consumer nor an Entrepreneur with consumer rights;
   • Part — goods offered in the Shop: a part of a truck, tractor unit or semi-trailer, in particular a used part obtained from dismantling a vehicle;
   • Business day — a day from Monday to Friday, excluding public holidays in Poland.

§ 2. Seller and contact

1. The Seller is Qindito Sp. z o.o., ul. Tytusa Chałubińskiego 8, 00-613 Warszawa, KRS 0000564755, NIP 7010493172, REGON 361866412.
2. Contact with the Seller: e-mail sklep@qindito.pl, phone +48500830805, pon–pt 7:00–16:00. Phone numbers of individual departments are given in the Shop footer.
3. Warehouse address to which returns and Parts subject to complaint should be sent: ul. Południowa 15, 97-310 Michałów.

§ 3. Technical requirements

1. To use the Shop you need: a device with internet access, an up-to-date web browser with JavaScript enabled and an active e-mail address.
2. The Customer is prohibited from providing unlawful content.

§ 4. Parts offered in the Shop

1. Each offer concerns a specific item from the Seller’s warehouse. The condition of the Part (used, remanufactured, new) and its features are described in the offer.
2. Used Parts show signs of previous use. Signs of wear consistent with the description of the offer and the nature of a used part do not constitute a lack of conformity of the goods with the contract.
3. OE numbers (the vehicle manufacturer’s catalogue numbers) and information about matching vehicles serve to identify the Part. Before purchase, we recommend checking that the Part number matches the number in the vehicle; at the Customer’s request, the Seller will help with verification, including on the basis of the VIN.
4. Parts are also offered through other sales channels, so final availability is confirmed by the Seller in accordance with § 6.

§ 5. Prices

1. Prices in the Shop are gross prices in Polish zloty (PLN) and include VAT.
2. The delivery cost depends on the size of the Part (parcel, courier, oversize, pallet, freight) and is shown with the Part and in the cart. If a Part requires an individual transport quote, the Seller gives the delivery cost in the order confirmation.
3. The price of the Part applicable at the time the order is placed is binding.

§ 6. Orders and conclusion of the contract

1. To place an order, add Parts to the cart, fill in the order form, accept the terms and conditions and click the “Place order with obligation to pay” button.
2. After placing the order, the Customer receives an e-mail confirming its receipt with a link to the order status page. The ordered Parts are reserved for the Customer and are removed from the Shop’s offer.
3. Within 1 business day, the Seller checks the availability of the Parts and the delivery cost and then sends an e-mail confirming the order, stating the total amount payable and the bank transfer details. The sales contract is concluded when the Customer receives this e-mail.
4. If the delivery cost was set individually, the Customer may cancel the order after receiving the confirmation, free of charge — it is enough to reply to the e-mail or not to make the payment.
5. If a Part turns out to be unavailable, the Seller informs the Customer by e-mail and the order is cancelled in that respect. Any amount paid for an unavailable Part is refunded without delay, no later than within 14 days.
6. An order that is not confirmed and paid within 72 hours of being placed expires and the reservation of the Parts is released.

§ 7. Payment and sales documents

1. Payment is made by bank transfer to the Seller’s account indicated in the order confirmation and on the order status page. The order number must be given as the payment reference.
2. Shipment takes place once the payment has been credited to the Seller’s account.
3. The Seller issues a proof of sale for each sale. On request made in the order form, the Seller issues a VAT invoice to a company with a tax identification number, including for entities from other European Union member states.

§ 8. Delivery

1. Delivery is made to the address given in the order: within the territory of the Republic of Poland and, for Customers holding an EU VAT identification number, to all countries of the world. In other cases, shipping abroad is possible by individual agreement with the Seller.
2. The cost of shipping abroad is set individually by the Seller and given in the order confirmation (§ 5(2)). Customs duties and import taxes in a recipient country outside the European Union are borne by the Customer.
3. The Seller dispatches the shipment no later than 24 hours after the payment has been credited, on business days. The expected delivery time depends on the type of shipment and is shown with the Part and in the order confirmation.
4. On receipt, we recommend checking the condition of the shipment in the presence of the carrier and, in the event of damage, drawing up a damage report. For Consumers and Entrepreneurs with consumer rights this is a recommendation and does not affect their rights.

§ 9. Conformity of the goods with the contract (Consumers)

1. The Seller is liable to the Consumer and to the Entrepreneur with consumer rights for any lack of conformity of the goods with the contract on the terms set out in the Polish Consumer Rights Act of 30 May 2014.
2. The Seller is liable for a lack of conformity with the contract that existed at the time the Part was delivered and became apparent within 2 years of that time. For used Parts, this period is shortened to 1 year from delivery, of which the Customer is informed before the contract is concluded.
3. In the event of a lack of conformity with the contract, the Customer may demand repair or replacement of the Part and, in the cases specified in the Act, a price reduction or withdrawal from the contract. Used Parts are usually unique items, so where repair or replacement is not possible, the Customer may declare a price reduction or withdrawal from the contract.
4. The costs of delivering a non-conforming Part to the Seller and of returning it are borne by the Seller. For bulky Parts, the Seller will arrange their collection on request.

§ 10. Complaints

1. A complaint may be submitted by e-mail to sklep@qindito.pl or in writing to the warehouse address given in § 2.
2. The complaint should include: the Customer’s full name or company name, the order number, the Part number, a description of the lack of conformity and the Customer’s demand. Photos make it easier to process the complaint but are not required.
3. The Seller responds to the complaint within 14 days of receiving it. If the Seller does not respond within this period to a complaint from a Consumer or an Entrepreneur with consumer rights, the complaint is deemed accepted.

§ 11. Withdrawal from the contract

Consumers and Entrepreneurs with consumer rights may withdraw from the contract within 14 days without giving any reason. The rules, the returns address and the withdrawal form can be found on the Returns and withdrawal from the contract page.

§ 12. Business Customers

1. The provisions of this paragraph apply exclusively to Business Customers.
2. The Seller’s liability under the statutory warranty for physical and legal defects of the Parts is excluded (Article 558 § 1 of the Polish Civil Code).
3. Business Customers have no right to withdraw from a distance contract. A Part may be returned only after prior agreement with the Seller.
4. The Seller’s liability towards a Business Customer is limited to the price paid for the Part and does not include lost profits, including the costs of vehicle downtime, installation and removal.
5. Disputes with Business Customers are resolved by the court competent for the Seller’s registered office.

§ 13. Personal data

The rules for processing personal data are described in the Privacy policy.

§ 14. Out-of-court dispute resolution

Consumers may use out-of-court methods of handling complaints and pursuing claims, in particular by asking for assistance from a municipal or district consumer ombudsman, a consumer organisation or the provincial inspector of the Trade Inspection. Information is available on the website of the Polish Office of Competition and Consumer Protection (uokik.gov.pl).

§ 15. Final provisions

1. Matters not covered by these terms and conditions are governed by Polish law.
2. The Seller may change the terms and conditions for important reasons, in particular changes in the law or in the way the Shop operates. Orders placed before the change are governed by the terms and conditions in their previous wording.
3. The provisions of these terms and conditions do not limit the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law.