Terms and Conditions of the Online Store – ecucentre.com
I. General Provisions
- These Terms and Conditions define the general terms, method of providing electronic services, and sales conducted through the ecucentre.com Online Store. The Store is operated by Przemysław Pasiut, conducting business activity under the company name "PROMIX" PASIUT PRZEMYSŁAW, entered into the register of entrepreneurs of the Central Registration and Information on Business maintained by the minister responsible for the economy, at ul. Zaciszańska 28, 42-202 Częstochowa, NIP 9491894921, REGON 240685348, BDO 000290120, BDO 000290120, hereinafter referred to as the Seller.
- Contact with the Seller is available through:
- email address: automotiveelectronics@outlook.com;
- telephone number: +48 533 347 457;
- the contact form available on the Online Store website.
- These Terms and Conditions are continuously available on the ecucentre.com website in a manner enabling their acquisition, reproduction, and recording by printing or saving them on a data carrier at any time.
- The Seller informs that the use of services provided electronically may involve risks for every Internet user, consisting in the possibility of introducing malicious software into the Customer’s ICT system and obtaining and modifying their data by unauthorized persons. To avoid such risks, the Customer should use appropriate technical measures minimizing their occurrence, in particular antivirus software and a firewall.
- The Seller has designated a single point of contact for communication with Customers, authorities of the Member States of the European Union, the European Commission, and the Digital Services Board referred to in the DSA Regulation. Communication through this point takes place via the email address indicated in point 2 above, in Polish and English.
II. Definitions
The terms used in these Terms and Conditions shall mean:
- Business Days – days from Monday to Friday excluding public holidays;
- Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality to which specific provisions grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Content – content publicly made available by the Seller and added by Customers through the functionalities of the Online Store;
- Account – a part of the Online Store assigned to a given Customer through which the Customer may perform specific actions within the Online Store;
- Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Terms and Conditions – this document;
- DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act);
- Goods – a product presented in the Online Store, the description of which is available for each product;
- Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code concluded between the Seller and the Customer;
- Services – services provided electronically by the Seller to Customers within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827);
- Act on Providing Services by Electronic Means – the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
- Order – a declaration of intent by the Customer aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.
III. Rules for Using the Online Store
- Use of the Online Store is possible provided that the Customer’s ICT system meets the following minimum technical requirements:
- a computer or mobile device with Internet access,
- access to email,
- Microsoft Edge, Mozilla Firefox, Google Chrome, Opera, or Safari web browser – version from the last 12 months,
- enabled Cookies and JavaScript in the web browser.
- Use of the Online Store means any activity by the Customer leading to familiarization with the content contained in the Store.
- The Customer is obliged in particular to:
- not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties;
- use the Online Store in a manner that does not disrupt its functioning, particularly through the use of specific software or devices;
- refrain from activities such as sending or posting unsolicited commercial information (spam) within the Online Store;
- use the Online Store in a manner that is not burdensome to other Customers or the Seller;
- use all content posted within the Online Store solely for personal use;
- use the Online Store in accordance with the laws applicable in the Republic of Poland, these Terms and Conditions, and general principles of Internet use.
- The Seller may voluntarily undertake verification activities regarding Content added by Customers, particularly with respect to compliance with point 3 above.
- When carrying out verification activities, the Seller does not use algorithmic decision-making. All decisions concerning Content result from human review.
- The Seller enables Customers to report Content (hereinafter: “Report”) that violates, in particular, point 3 above, including content violating Polish law and European Union law.
- The Customer may submit a Report via the dedicated contact form at ecucentre.com/contact or by email at contact@ecucentre.com.
- If the Report contains the electronic contact details of the Customer who submitted it, the Seller shall, without undue delay, send confirmation of receipt of the Report.
- After carrying out the verification activities referred to in point 4 above or after receiving a Report from a Customer, the Seller shall, within 14 days from receipt of the Report, make a decision regarding the reported Content.
- The decision referred to in point 9 above (hereinafter: “Decision”) may consist of:
- limiting the visibility of or removing the Content to which the Report relates;
- suspending or closing the Account of the Customer who added the Content to which the Report relates.
- The Seller shall make the Decision in a timely, non-arbitrary, objective manner and with due diligence.
- The Seller shall, without undue delay, inform the Customer who submitted the Report about the Decision made.
- If the Seller has the Customer’s electronic contact details, the Seller shall inform the Customer who added the reported Content about the Decision and provide reasons for it.
- The Customer who added the reported Content may appeal the Seller’s Decision within 14 days from receiving notification of the Decision.
- The appeal may be submitted to the Seller by email at contact@ecucentre.com and should contain the first name, surname, and email address of the Customer who added the reported Content, together with a comprehensive justification.
- The Seller shall consider the appeal referred to in point 14 above within 14 days from its receipt.
IV. Services
- Through the Online Store, the Seller enables the use of free Services provided 24 hours a day, 7 days a week.
- The Account maintenance service in the Online Store is available after registration. Registration takes place by completing and accepting the registration form made available on one of the Online Store pages. The agreement for the provision of the Account service is concluded for an indefinite period and is terminated when the Customer submits a request to delete the Account.
- The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter Service). For this purpose, the Customer should provide a valid email address or activate the appropriate checkbox in the registration form or Order form. The Customer may withdraw consent to receive commercial information at any time. The Newsletter Service agreement is concluded for an indefinite period and is terminated when the Customer requests removal of their email address from the newsletter subscription or unsubscribes using the link included in a newsletter message.
- The Customer may send messages to the Seller using the contact form. The agreement for providing the service consisting of making available an interactive contact form enabling Customers to contact the Seller is concluded for a fixed term and terminates upon the Customer sending the message.
- The Customer may post individual and subjective statements in the Online Store relating, among other things, to Goods or the course of a transaction. By posting statements, the Customer declares that they hold all rights to such content, including economic copyrights, related rights, and industrial property rights. The agreement for providing the service of posting reviews of Goods in the Online Store is concluded for a fixed term and terminates upon posting the review.
- Statements should be clear and understandable and must not violate applicable laws, including the rights of third parties—particularly they must not be defamatory, infringe personal rights, or constitute an act of unfair competition. Posted statements are published on the Online Store website.
- By posting a statement, the Customer consents to the Seller’s free use and publication of the statement, as well as the creation of derivative works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
- The Customer may send messages to the Seller using the “ask about product” form available on the page of each Good. The agreement for providing the service consisting of making available the interactive “ask about product” form enabling Customers to contact the Seller regarding Goods is concluded for a fixed term and terminates upon the Customer sending the message.
- The Customer may add Goods to a wishlist. The agreement for providing the service consisting of adding Goods to a wishlist is concluded for a fixed term and terminates upon removal of the Goods from the list or upon the Customer ending the browser session.
- For Goods unavailable in the Seller’s warehouse, the Customer may receive a notification when the Goods become available through the “notify about availability” service. Provision of the service is possible by indicating the email address to which the notification should be sent. The agreement for the service consisting of selecting the option to receive a notification about the availability of Goods is concluded for a fixed term and terminates when the “notify about availability” button is clicked.
- The Seller has the right to organize occasional competitions and promotions, the conditions of which will each time be published on the Store’s website. Promotions in the Online Store cannot be combined unless the terms of a given promotion provide otherwise.
- In the event of a Customer violating these Terms and Conditions, the Seller may, after a prior ineffective request to cease or remove the violations and after setting an appropriate deadline, terminate the service agreement with 14 days’ notice.
V. Procedure for Concluding a Sales Agreement
- Information about Goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
- All Goods available in the Online Store have been lawfully placed on the Polish market and conform to the Agreement, except for used Goods whose specific characteristics differ from conformity requirements. The Seller shall inform the Customer in the Goods description which characteristics differ from conformity requirements and shall provide technical means enabling the Customer to separately and expressly accept such characteristics.
- If the Seller applies mechanisms for individual price adjustment based on automated decision-making, the Seller shall each time provide this information to the Consumer when placing an Order, taking into account the requirements imposed by personal data protection regulations.
- A condition for placing an Order is having an active email account.
- If an Order is placed through the Order form available on the Online Store website, the Order is submitted electronically by the Customer to the Seller and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An electronically submitted offer is binding on the Customer if the Seller sends confirmation of acceptance of the Order for processing to the email address provided by the Customer. Such confirmation constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon its receipt by the Customer, the Sales Agreement is concluded.
- The Sales Agreement is concluded in Polish, English, or German and has content consistent with these Terms and Conditions.
VI. Delivery
- Delivery of Goods is carried out to the address indicated by the Customer when placing the Order.
- The Customer may choose the following delivery methods for ordered Goods:
- courier service;
- delivery to a parcel locker;
- personal collection at the Seller’s collection point.
- On the Store’s website, in the Goods description, the Seller informs the Customer about the number of Business Days required to process the Order and deliver it, as well as the amount of delivery charges.
- The delivery and Order processing period is calculated in Business Days in accordance with Section VII, point 2.
- The Seller shall provide the Customer with proof of purchase.
- If Goods covered by the Order have different processing times, the longest processing period applies to the entire Order.
VII. Prices and Payment Methods
- Prices of Goods are stated in euros and include all components, including VAT, customs duties, and other charges.
- The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case, Order processing will begin after the Seller sends confirmation of Order acceptance to the Customer, and shipment will take place immediately after funds are credited to the Seller’s account and the Order is completed);
- cash upon personal collection – payment at the Seller’s collection point (in this case, Order processing will take place immediately after the Seller sends confirmation of Order acceptance to the Customer, and the Goods will be handed over at the Seller’s collection point);
- cash on delivery, payment to the carrier upon delivery (in this case, Order processing and shipment will begin after the Seller sends confirmation of Order acceptance and completes the Order);
- electronic payment (in this case, Order processing will begin after the Seller sends confirmation of Order acceptance and receives information from the payment agent’s system that the Customer has made the payment, and shipment will take place immediately after completion of the Order).
- The Seller informs the Customer on the Store’s website of the deadline by which payment for the Order must be made. If the Customer fails to make payment within that period, the Seller may, after a prior ineffective demand for payment and after setting an appropriate deadline, withdraw from the Agreement pursuant to Article 491 of the Civil Code.
VIII. Right of Withdrawal from the Agreement
- A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before it expires.
- The Customer may formulate the declaration independently or use the template declaration provided by the Seller on the Store’s website.
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of a Service Agreement, from the day of its conclusion.
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send confirmation of receipt of the declaration to the Consumer’s email address.
- The Consumer’s right of withdrawal is excluded in the case of:
- service agreement for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s express prior consent and after informing the Consumer before performance begins that they will lose the right of withdrawal after the service has been fully performed, and the Consumer acknowledged this;
- an agreement where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires;
- an agreement where the subject of performance is non-prefabricated Goods manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs;
- an agreement where the subject of performance is Goods liable to deteriorate rapidly or having a short shelf life;
- an agreement where the subject of performance is Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- an agreement where the subject of performance consists of products which, after delivery, become inseparably mixed with other items due to their nature;
- an agreement where the subject of performance consists of alcoholic beverages whose price was agreed upon when the Sales Agreement was concluded and whose delivery may occur only after 30 days and whose value depends on market fluctuations beyond the Seller’s control;
- an agreement where the Consumer expressly requested the Seller to visit them to carry out urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer or supplies Goods other than spare parts necessary for repair or maintenance, the right of withdrawal applies to those additional services or Goods;
- an agreement where the subject of performance consists of audio or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
- an agreement for the supply of newspapers, periodicals, or magazines, except subscription agreements;
- an agreement concluded through a public auction;
- a service agreement for which the Consumer is obliged to pay a price and where the Consumer expressly requested the Seller to visit them to carry out a repair and the service has already been fully performed with the Consumer’s express prior consent.
- an agreement for accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the day or period of service provision;
- an agreement for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller began performance with the Consumer’s express prior consent, after informing the Consumer that they would lose the right of withdrawal once performance began, and the Consumer acknowledged this, and the Seller provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
- Other exceptions to the right of withdrawal are specified in Article 38(2) of the Consumer Rights Act.
- In the event of withdrawal from a distance contract, the Agreement shall be deemed not concluded. What the parties have provided shall be returned unchanged unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, refund to the Consumer all payments made by them, including the costs of delivery of the Goods. The Seller shall make the refund using the same method of payment as was used by the Consumer, unless the Consumer agrees to a different method of refund, provided that this method will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods have been returned or the Customer has provided proof of their return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Customer themselves.
- If the Consumer chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the Consumer any additional costs incurred by them.
- The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints concerning Goods
- The Seller undertakes to deliver Goods compliant with the Agreement, except for used Goods whose specific characteristic deviates from the requirements of conformity with the Agreement. The Seller shall inform the Customer of the absence of a specific characteristic that deviates from the requirements of conformity with the Agreement.
- The Seller shall be liable for the non-conformity of the Goods with the agreement on the terms set out in the Consumer Rights Act towards a Customer who is a Consumer and a Customer who is a natural person entering into an Agreement directly related to their business activity, when the content of this Agreement indicates that it is not of a professional nature for that person, arising in particular from the subject of the business activity conducted by them, made available pursuant to the provisions on the Central Register and Information on Business Activity. Statutory warranty liability towards entrepreneurs is excluded.
- Complaints resulting from a violation of the Customer's rights guaranteed by law or under these Terms and Conditions should be sent to the address "PROMIX" PASIUT PRZEMYSŁAW, ul. Zaciszańska 28, 42-202 Częstochowa, to the e-mail address: automotiveelectronics@outlook.com, telephone number +48 790 347 457.
- The Customer shall make the Goods subject to the complaint available to the Seller. The Seller shall collect the Goods from the Customer at its own expense.
- The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
- In the event of deficiencies in the complaint, the Seller shall request the Customer to supplement it to the necessary extent without delay, but no later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of services by electronic means
- The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: "PROMIX" PASIUT PRZEMYSŁAW, ul. Zaciszańska 28, 42-202 Częstochowa, by e-mail: automotiveelectronics@outlook.com, tel nr+48 790 347 457.
- In the complaint, the Customer should provide their first and last name, correspondence address, type and description of the problem that has occurred.
- The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the request by the Customer.
XI. Warranties
- The Goods may be covered by a Seller's warranty.
- In the case of Goods covered by a warranty, information concerning the existence and content of the warranty and the period for which it has been granted is presented each time in the description of the Goods on the Store's websites.
XII. Out-of-court methods of handling complaints and pursuing claims
- A Customer who is a Consumer has, among others, the following possibilities of using out-of-court methods of handling complaints and pursuing claims:
- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings concerning an amicable resolution of the dispute between the Customer and the Seller
XIII. Personal data protection
The personal data provided by Customers is collected and processed by the Seller in accordance with applicable laws and the Privacy Policy, available on the Store's website.
XIV. Final provisions
- All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, Online Store website, as well as to forms and logos, belong to the Seller, and their use may take place exclusively in the manner specified in and compliant with the Terms and Conditions.
- The provisions contained in these Terms and Conditions concerning the Consumer, regarding withdrawal from the contract and complaints, shall apply to a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that person, arising in particular from the subject of the business activity conducted by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of resolving complaints and pursuing claims shall not apply.
- The resolution of any disputes arising between the Seller and a Customer who is a Consumer shall be submitted to the courts having jurisdiction in accordance with the provisions of the applicable Code of Civil Procedure.
- The resolution of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Services by Electronic Means, the Act on Consumer Rights and other applicable provisions of Polish law shall apply.
- Each Customer shall be informed of any changes to these Terms and Conditions by means of information on the homepage of the Online Store containing a list of the changes and the date of their entry into force.
- Customers who have an Account shall additionally be informed of the changes, together with a list thereof, at the email address provided by them. The date of entry into force of the changes shall not be earlier than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of being informed of the change to the Terms and Conditions. Notification of the Seller of the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.