Online store regulations

These Regulations contain the rules for the operation of the dwparts.eu store. Here you will find, in particular, information about the rules for placing an order, the offer, the right to withdraw from the contract, and liability for non-compliance of the goods with the contract.

1 Definitions

Store – the online store located at www.dwparts.eu.

Seller – Bracia Wydmuch sp. z o.o. sp. k. with its registered office at ul. Śląska 69, 42-130 Wręczyca Wielka, entered in the register of entrepreneurs maintained by the District Court in Częstochowa, XVII Commercial Division of the National Court Register under the number KRS: 0000790847, with NIP: 5742068289, phone number: +48 792 252 222, email: czesci@braciawydmuch.pl.

Customer – a natural person, a legal person, or an organizational unit that is not a legal person but is granted legal capacity by specific regulations, placing an order within the Store and making purchases through the Store.

Consumer – a natural person concluding a contract with the Seller, the subject of which is not directly related to their business or professional activity.

Entrepreneur with consumer rights – a natural person running a sole proprietorship concluding a contract directly related to their business activity, if the content of this contract indicates that it does not have a professional character for them.

Account – the Customer’s account created on the Store’s online platform, enabling access to purchased services and goods.

Sales Contract – a contract for the sale of Goods concluded between the Seller and the Customer through the Store.

Goods – a physical item that is the subject of sale in the Store.

Seller’s Data – the Seller’s contact details, in particular for complaints and returns: Bracia Wydmuch sp. z o.o. sp. k., address: ul. Śląska 69, 42-130 Wręczyca Wielka. czesci@braciawydmuch.pl.

User – a Customer or recipient of services provided by the Seller.

2 Preliminary provisions

These regulations specify the rules for using the Store and the principles and procedure for concluding distance sales contracts through the Store.

The Regulations are continuously available on the Store’s website in a manner that allows them to be downloaded, reproduced, and recorded by printing or saving on a storage medium at any time.

Making purchases in the Store requires access to a computer or mobile device with Internet access, a standard operating system, access to a web browser supporting JavaScript and necessary cookies, as well as an email account. Additionally, completing the order process requires providing the data necessary to process the order.

If the Seller offers digital content or services, and their use requires meeting additional technical conditions, these conditions are specified in the description of those products in the Store.

In the case of announcing a price reduction for goods, the Seller informs about the lowest price from the 30-day period before the price reduction, in accordance with Article 4(2) of the Act of May 9, 2014, on informing about the prices of goods and services.

The specifics of each Good and its characteristic features are included in the descriptions of the Goods in the Store.

Sending unlawful content via forms is prohibited.

3 Making purchases in the Store

The Customer can make purchases in the Store after logging into the customer account or without registration.

The gross price of the goods, including VAT, is provided on the Store’s website. The prices of goods do not include delivery costs, which are indicated each time during the order placement process.

Information about goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract, as defined in Article 71 of the Civil Code.

After selecting the Goods, to make a purchase, the Customer should follow the steps according to the messages displayed on the Store’s pages. If the Customer has a discount code, they can enter it in the cart or during the order placement process. The Customer can then calculate the cart costs and proceed to payment.

The Customer has the option to reduce the final price of the Order by using a discount code provided by the Seller as part of promotional campaigns. To activate the discount, the Customer is obliged to enter the correct code in the designated field in the Order form before its final confirmation. The use of the code will result in a reduction of the Order value by the amount or percentage rate assigned to the given discount code. In the case of Customers who are entrepreneurs making a purchase in direct connection with their business activities, it is possible to reduce the price of the Goods by the applicable value-added tax (VAT) rate. A necessary condition for taking advantage of this possibility is to provide a correct and active Tax Identification Number (NIP) in the Order form. It is stipulated that exercising the right to reduce the Price by the value of VAT, as referred to in section 2 of this paragraph, precludes the simultaneous application of a discount code in the same Order. Discounts from both titles cannot be combined.

To place an order, the Customer must provide the data marked as mandatory in the forms. Until the button finalizing the order is clicked, the Customer can modify the order or the provided data.

To finalize the order, the Customer must place the order by clicking the ‘Order and pay’ button on the order summary page. To place an order, it is required to first add goods to the cart, provide the necessary data, and express the required consents, including acceptance of the regulations.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate email to the email address provided during the order placement process, which contains at least the Seller’s statements regarding the receipt of the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Contract. Upon receipt of the above email by the Customer, the Sales Contract is concluded between the Customer and the Seller.

The recording, securing, and provision of the content of the concluded Sales Contract to the Customer is done by making these Regulations available on the Store’s website and sending the Customer an email. The content of the Sales Contract is additionally recorded and secured in the Seller’s online Store’s IT system.

The Seller reserves the right to suspend the processing of an order in case of justified doubts regarding the truthfulness and reliability of the data entered by the Customer in the registration form. In such a case, the Store will immediately contact the Customer.

4 Delivery and payments

Delivery of Goods is available within the European Union and outside the EU. For shipments outside the EU, delivery costs and times are determined individually.

Delivery is carried out via a courier company.

Delivery of Goods to the Customer is payable when the Goods require physical shipment, unless the sales contract provides otherwise. Delivery costs (including fees for transport, delivery, and postal services) are indicated to the Customer on the Store’s website in the information section regarding delivery costs and during the order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Contract. In justified cases, the Store may send several separate shipments within one order without additional costs for the Customer.

The delivery time of Goods to the Customer within the EU is up to 7 business days, unless a different time is specified in the description of the given Goods or during the order placement process. If the ordered Goods have different delivery times, the delivery time specified for the Goods with the longest delivery time applies.

The Store accepts payment methods available during the order placement process, including in particular traditional bank transfer and electronic payments.

The Seller provides the Customer with the following payment methods for the Sales Contract:

• Cash on delivery,
• Payment by bank transfer to the Seller’s bank account,
• Electronic payment via BLIK,
• Electronic payment via Przelewy24, operated by PayPro S.A. in Poznań, 60-198 Poznań, ul. Pastelowa 8, entered in the Register of Entrepreneurs maintained by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the number KRS 0000347935. The Przelewy24 regulations can be found at: https://www.przelewy24.pl/regulamin

If the Customer chooses payment by bank transfer or electronic payments, the Customer is obliged to make the payment within 5 business days from the date of concluding the Sales Contract. After this period, the order may be canceled.

The Customer agrees to receive an invoice in electronic form.

5 Non-compliance of goods with the contract; complaints

The basis and scope of the Seller’s liability towards the Customer, if the sold Goods are defective, are determined by generally applicable legal provisions, in particular the Consumer Rights Act.

The Seller hereby informs about the liability of the entrepreneur for the compliance of the performance with the contract as provided by law. The Consumer has the right to use a warranty if it has been granted.

Before submitting a complaint and sending the Goods to the Seller, the Customer is requested to contact the Seller by phone or email to expedite the complaint procedure and resolve the issue. (+48 792 252 222 czesci@braciawydmuch.pl).

The correspondence address for complaints and the address for returning goods is: Bracia Wydmuch sp. z o.o. sp. k., address: ul. Śląska 69, 42-130 Wręczyca Wielka.

Goods are compliant with the contract if, in particular, their description, type, quantity, quality, completeness, and functionality remain compliant with the contract, and in the case of goods with digital elements, also their compatibility, interoperability, and availability of updates, as well as suitability for a specific purpose for which the Consumer needs them, which the Consumer notified the Seller about no later than at the time of concluding the contract and which the Seller accepted.

If the goods are not compliant with the contract, the consumer may demand their repair or replacement.

The Seller may perform a replacement when the consumer demands repair, or the Seller may perform a repair when the consumer demands replacement, if bringing the goods into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If both repair and replacement are impossible or would require excessive costs for the entrepreneur, they may refuse to bring the goods into compliance with the contract.

The Seller shall carry out the repair or replacement within a reasonable time from the moment they were informed by the consumer about the non-compliance with the contract, and without undue inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, shall be borne by the Seller.

The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at their own expense. The consumer is not obliged to pay for the normal use of the goods that were subsequently replaced.

In cases specified in the Consumer Rights Act, the consumer may submit a statement requesting a price reduction or withdrawal from the contract. This applies in particular to situations where the Seller has refused to bring the goods into compliance with the contract or has failed to bring the goods into compliance with the contract.

The Seller shall refund the amounts due to the consumer resulting from exercising the right to a price reduction immediately, no later than within 14 days from the date of receiving the consumer’s statement requesting a price reduction.

In the event of withdrawal from the contract, the consumer shall promptly return the goods to the Seller at the Seller’s expense. The Seller shall refund the price to the consumer immediately, no later than within 14 days from the date of receiving the goods or proof of their return.

The consumer may not withdraw from the contract if the non-compliance of the goods with the contract is insignificant. It is presumed that the non-compliance of the goods with the contract is significant.

The entrepreneur is liable for the non-compliance of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the goods, as determined by the entrepreneur, their legal predecessors, or persons acting on their behalf, is longer.

It is presumed that the non-compliance of the goods with the contract, which is revealed before the expiry of two years from the moment of delivery of the goods, existed at the time of their delivery, unless proven otherwise or unless this presumption is incompatible with the specificity of the goods or the nature of the non-compliance with the contract.

The Seller is obliged to respond to the consumer’s complaint within 14 days from the date of its receipt.

The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act regarding contracts for the provision of digital content or digital services. The Seller is liable for the non-compliance of digital content or digital services provided on a continuous basis with the contract, which occurs or is revealed during the time they were supposed to be provided under the contract. This period may not be shorter than two years from the moment of delivery of goods with digital elements. It is presumed that the non-compliance of digital content or digital services with the contract occurred during this time if it is revealed within that period.

If a warranty is provided for the goods, information about it, as well as its terms, will be included in the description of the goods in the Store.

The rights arising from the non-compliance of the goods with the contract are granted to the consumer and the entrepreneur with consumer rights.

6 Right to withdraw from the contract

You have the right to withdraw from this contract without giving any reason within 14 days from the date of taking possession of the purchased items. The right to withdraw from the contract expires after 14 days from the date on which you took possession of the items or on which a third party other than the carrier and indicated by you took possession of the items. In the case of purchasing digital content, services, or digital services, you have the right to withdraw from the contract within 14 days from the date of concluding the contract.

To exercise the right to withdraw from the contract, you must inform us (Bracia Wydmuch sp. z o.o. sp. k., address: ul. Śląska 69, 42-130 Wręczyca Wielka) of your decision to withdraw from this contract by an unequivocal statement (for example, by completing the withdrawal form attached as Annex No. 1 or sending a letter by mail or email to the address: czesci@braciawydmuch.pl).

You may use the model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send the information regarding the exercise of your right to withdraw from the contract before the withdrawal period expires.

In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the items (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed of your decision to exercise the right to withdraw from this contract.

We will make the refund using the same payment methods you used in the original transaction, unless you expressly agree to a different solution; in any case, you will not incur any fees in connection with this refund.

We may withhold the refund until we have received the items or until you provide us with proof of their return, whichever occurs first.

The return of the Goods should be made to the address: Bracia Wydmuch sp. z o.o. sp. k., address: ul. Śląska 69, 42-130 Wręczyca Wielka.

Please return or deliver the item to us immediately, and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the 14-day period expires.

You will only have to bear the direct costs of returning the items, unless otherwise agreed with the Seller.

You are responsible for any diminished value of the items resulting from handling them in a way other than necessary to establish their nature, characteristics, and functioning.

In accordance with Article 38 of the Consumer Rights Act, the right to withdraw from the Sales Contract does not apply to the Consumer in relation to, among others, the following contracts:

• for the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the consumer, who was informed before the provision of the service that after the entrepreneur’s performance they will lose the right to withdraw from the contract, and has acknowledged this;
• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires;
• in which the subject of the performance is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to meet their individualized needs;
• in which the subject of the performance is goods that are perishable or have a short shelf life;
• in which the subject of the performance is goods delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
• in which the subject of the performance is goods that, after delivery, due to their nature, become inseparably mixed with other items;
• in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
• in which the consumer explicitly requested the entrepreneur to visit them for the purpose of urgent repair or maintenance; if the entrepreneur provides additional services beyond those requested by the consumer or delivers goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the consumer with respect to the additional services or goods;
• in which the subject of the performance is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
• for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
• concluded through a public auction;
• for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision;
• for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the entrepreneur has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the entrepreneur’s performance they will lose the right to withdraw from the contract, and has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
• for the provision of services for which the consumer is obliged to pay the price, in cases where the consumer explicitly requested the entrepreneur to visit them for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.

The right to withdraw from a contract concluded remotely does not apply to an entity other than a Consumer or an Entrepreneur with consumer rights.

7 Provision of services electronically

The Seller takes actions to ensure the fully proper functioning of the Store, to the extent resulting from current technical knowledge, and undertakes to remedy any irregularities reported by Customers using the Seller’s Data within a reasonable time.

Free electronic services provided by the Seller include:

• the ability to create an account in the Store,
• the ability to conclude a contract with the Seller electronically.

Creating an account is done by completing the registration form or, if such an option is available, by selecting the appropriate consent during the order placement process. Upon successful account registration in the Store, a free electronic service contract is concluded for an indefinite period.

The Customer may delete the account at any time in the customer panel or send a request for deletion to the Store’s email address.

The customer account stores information regarding the customer’s data and placed orders. In the event of account deletion, the Seller will store information about placed orders until the expiry of the limitation period for possible claims arising from a specific legal relationship or for the entire duration of the Store’s operation – unless the Customer objects to the storage of this information, and the Seller does not have an overriding legally justified interest in storing it.

In the case of submitting a complaint, the Customer should provide their name, correspondence address, the type, and date of occurrence of the irregularity related to the functioning of the Store.

The Seller undertakes to consider each complaint regarding the Store's operation within 14 days. The Customer is requested to send the complaint to the Seller’s email address.

The Consumer may withdraw from the contract for the provision of digital content within 14 days from its conclusion, without giving any reason, by informing the Seller.

Regardless of the above, the User may at any time submit a statement of resignation from the provided services.

8 Provisions concerning entrepreneurs

The provisions of this paragraph apply to Customers who are entrepreneurs.

The Parties completely exclude liability under the warranty for defects.

The Seller may terminate the contract for the provision of electronic services regarding the maintenance of the Customer’s account with immediate effect and without stating reasons. This does not result in any claims against the Seller in this regard.

The Seller has the right to withdraw from the contract without giving a reason within 14 days from its conclusion by sending the entrepreneur an appropriate statement. This does not result in any claims against the Seller in this regard.

The Customer is obliged to inspect the shipment at the time and in the manner customary for the given type of shipment and should immediately take actions to establish the carrier’s liability. The Seller is not liable for the loss, shortage, damage to the Goods, or for delays in the transport of the shipment occurring from the time of its acceptance for transport until its delivery to the entrepreneur.

The Seller has the right to limit available payment methods and require the entrepreneur to make full or partial prepayment.

The Seller’s total liability towards the entrepreneur for non-performance or improper performance of the contract by the Seller is limited to the price paid for the Goods and delivery costs. The Seller is not liable for lost profits in relation to the entrepreneur.

The court competent to resolve disputes between the Seller and the entrepreneur is the court competent for the Seller’s registered office.

The provisions of this paragraph are not intended to limit the rights of an entrepreneur with consumer rights, which are granted to them under generally applicable regulations.

9 Reviews

In the case of presenting consumer reviews, the Seller verifies reviews about services and goods and has implemented appropriate solutions to assess their authenticity. After a review is submitted, it is verified by a store employee. If there are doubts about the authenticity of a review, they are clarified based on the provided evidence of the purchase of a specific service. If it turns out that the information contained in the review and obtained during clarification cannot be linked to the order that was the subject of the review, such a review is removed.

We publish all reviews (both positive and negative) and do not interfere with their content, nor do we offer additional benefits related to submitting or withdrawing a review.

For the above reasons, we can ensure that the reviews available on the Store’s website are verified and authentic and reflect actual shopping experiences.

Reviews about the Store may be submitted on the websites of other entities. In the case of such reviews, the principles applied by those entities apply to the assessment of their credibility and authenticity. For its part, the Store makes every effort to ensure that reviews about the Store are always credible and authentic.

10 Personal data protection

The controller of personal data of Customers collected through the online Store is the Seller.

The rules for processing personal data, their recipients, and the Customer’s rights are included in the Store’s Privacy Policy.

11 User Content

User Content is content posted independently or through the Store by any User:

• reviews or comments about the store or products,
• additional, non-mandatory information provided in the customer account, posted independently or through the Store.

The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise unlawful, inconsistent with these regulations, or good practices, in particular:

• content used to commit an offense or crime,
• content violating personal rights or copyrights,
• content that constitutes spam,
• content used to conduct unfair competitive activities, including prohibited marketing activities,
• content unrelated to the subject matter of the service it concerns.

We may verify, block, and remove content that is unlawful – while maintaining the principles of objectivity and due diligence.

Reporting illegal content should include:

• a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information constitutes illegal content,
• an indication, where possible, of the electronic location of the information, such as the URL address, and additional information enabling the identification of illegal content,
• the name and surname or name and email address of the person or entity making the report – except for reports concerning information considered related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
• a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

If, as a result of verification initiated by us or resulting from a report, we determine that certain content is illegal, we may decide to block or remove it.

Both the User who reported the content and does not agree with our decision, and the User whose content we deemed illegal, have the right to appeal the decisions regarding content through the contact point specified in paragraph 13 below. The appeal should include the name and surname, contact details, and justification for the request to change the decision.

Upon receiving an appeal, we will promptly confirm its receipt and consider it within 14 days. Appeals will not be processed in an automated manner. The justification for our decision will be prepared in accordance with all requirements arising from the Digital Services Act.

The User has the right to appeal decisions regarding content through the contact point specified in paragraph 13 below. The appeal should include the name and surname, contact details, and justification for the request to change the decision.

In the case of gross non-compliance with the provisions of this paragraph and the publication of illegal content, we may decide to temporarily block (suspend) or delete the account, as well as limit the account’s functionality.

The condition for making a decision regarding a User’s account is maintaining the principles of objectivity and due diligence. An appeal against such a decision is available and will not be processed in an automated manner. The appeal will be considered within 14 days, and the User will be promptly informed of its outcome.

We are not liable for User Content if:

• we do not have actual knowledge of illegal activity or illegal content, and with regard to compensation claims – we are not aware of facts or circumstances that clearly indicate illegal activity or illegal content;
• we take immediate appropriate action to remove or disable access to illegal content upon obtaining such knowledge or information.

If we receive any information giving grounds to suspect that a crime threatening the life or safety of a person or persons has been, is being, or may be committed, we will immediately inform the law enforcement or judicial authorities of the relevant Member State or Member States and provide all available information on the matter.

None of the above provisions are intended to limit the User’s rights and should not be interpreted as such. czesci@braciawydmuch.pl.

11 Final provisions

All rights to the Store and the offered goods, including intellectual property rights, proprietary and personal copyrights, belong to the Seller. Without the Seller’s consent, it is not possible, among other things, to reproduce or modify the content offered by the Seller.

The Seller reserves the right to make changes to the Regulations for significant reasons, such as changes in the offer or changes in legal regulations. The new regulations take effect on the date of publication. Registered Users will be informed of the change in the regulations via email.

The Seller reserves the right to change the prices of goods and promotions without prejudice to contracts concluded before these changes.

In matters not regulated by these Regulations, generally applicable provisions of Polish law apply.

None of the provisions of the Regulations are intended to limit the rights of the consumer or entrepreneur with consumer rights guaranteed by the Consumer Rights Act and other applicable legal acts.

In the event of a dispute arising under the concluded sales contract, the parties will strive to resolve the matter amicably.

The Consumer has the option to use out-of-court methods for handling complaints and pursuing claims. The Consumer may, for example:

• apply to a permanent consumer arbitration court with a request to resolve the dispute,
• apply to the regional inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute,
• seek assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

The Consumer may use the EU online ODR platform, available at: https://ec.europa.eu/consumers/odr/

More detailed information can be found at: https://polubowne.uokik.gov.pl/.

Model statements regarding complaints and withdrawal from the contract – the use of the following templates is not mandatory, only recommended.