Terms of service

Regulations of the Online Store – www.maxtondesign.com

Contents

  1. General Provisions
  2. Definitions
  3. Terms of Use of the Online Store
  4. Services
  5. Procedure for Concluding a Sales Contract
  6. Delivery
  7. Prices and Payment Methods
  8. Entitlement to Withdraw from the Contract
  9. Product Complaints
  10. Limitation of Liability Regarding Compatibility of Products
  11. Complaints Regarding the Provision of Services Electronically
  12. Business-to-business (B2B) Sales
  13. Out-of-court Ways of Settling Complaints and Redressing Claims
  14. Protection of Personal Data
  15. Final Provisions

I. General Provisions

  1. These Regulations define the general conditions, method of providing services electronically and sales conducted via the Online Store www.maxtondesign.com (hereinafter: „Online Store”). The Online Store is operated by Maxton Design spółka z ograniczoną odpowiedzialnością, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number 0000955679, with its registered office at ul. Podlesie 26, 32-830 Wojnicz, NIP 7831852502, REGON 521309872, hereinafter referred to as the Seller.
  2. Contact with the Seller is made through:
    • a) e-mail: for Individual Clients: sales@maxtondesign.eu; for Counterparties (Dealers): info@maxtondesign.eu;
    • b) phone: for Individual Clients: +48 14 307 06 04; for Counterparties (Dealers): +48 14 307 06 04;
    • c) Meta's instant messaging services: Messenger (www.facebook.com/maxtondesign); Instagram Direct (www.instagram.com/maxtondesign_official).
  3. These Regulations are uninterruptedly available on the website www.maxtondesign.com, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
  4. The Seller informs that the use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the Client's data communications system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular anti-virus and firewall software.
  5. These Regulations do not apply to Dealers, i.e. entrepreneurs within the meaning of Article 43(1) of the Law of April 23, 1964, Civil Code (hereinafter: „Civil Code”), who are engaged in business or professional activities on their own behalf and plan to purchase Products from the Seller for further distribution in the area where they have a registered and active business. For Dealers, the General Contract Terms and Conditions for Dealers apply, which set out the detailed rules for the use of electronically provided services and the rules for sales through the Online Store.
  6. The rules for purchasing and using Gift Cards are set out in the Gift Card Terms and Conditions, available at maxtondesign.com/pages/regulamin-karty-podarunkowej-maxton-design. In matters concerning Gift Cards, the Gift Card Terms and Conditions take precedence over these Regulations; in matters not covered by them, these Regulations apply.

II. Definitions

The terms used in the Regulations shall mean:

  1. Business Days – days from Monday to Friday, except for public holidays;
  2. Gift Card – an electronic voucher with a specified nominal value, expressed in Polish zloty or euro, bearing a unique code, issued by the Seller and entitling its holder to pay for Products in the Online Store under the terms set out in the Gift Card Terms and Conditions;
  3. Client – a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;
  4. Civil Code – Law of April 23, 1964;
  5. Account – a part of the Online Store assigned to a given Client, through which the Client can perform certain actions within the Online Store;
  6. Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code or a Client who is an individual who has entered into a contract directly related to his/her business activity, when the content of this contract shows that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity (Entrepreneur with consumer rights);
  7. Transportation Law – Law of November 15, 1984 – Transportation Law;
  8. Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code. The provisions concerning Entrepreneurs do not apply to Entrepreneurs with consumer rights, as referred to in item II.6 of the Regulations;
  9. Regulations – these Regulations of the Online Store – www.maxtondesign.com;
  10. Gift Card Terms and Conditions – the terms and conditions setting out the rules for purchasing and using Gift Cards, referred to in item I.6 of the Regulations;
  11. Online Store – an Internet service available at www.maxtondesign.com, including language variants of the site, which may have different domain endings, not limited to „.com” only. The Seller, through the e-commerce platform, allows Clients to browse products and services, place Orders and conclude Sales Contracts remotely, as well as make payments and receive information on Orders;
  12. Product – a product presented in the Online Store with a detailed description available on the sub-page of each product presented, excluding Gift Cards;
  13. Sales Contract – a contract for the sale of Products or Gift Cards within the meaning of the Civil Code, concluded between the Seller and the Client;
  14. Services – services provided by the Seller to Clients electronically within the meaning of the Law of 18 July 2002 on the provision of services electronically;
  15. Law on Consumer Rights – Law of May 30, 2014 on consumer rights;
  16. Law on the Provision of Services Electronically – Law of July 18, 2002 on the provision of services electronically;
  17. Order – a declaration of will of the Client, aimed directly at concluding a Sales Contract, specifying in particular the type and number of Products or Gift Cards.

III. Terms of Use of the Online Store

  1. The use of the Online Store is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
    • a) computer or mobile device with Internet access,
    • b) e-mail access,
    • c) a current version of a web browser, e.g. Chrome, Firefox, Safari, Edge or Opera,
    • d) Cookies and JavaScript enabled in the web browser.
  2. Use of the Online Store means any activity of the Client that leads to his/her familiarization with the content contained in the Online Store.
  3. In particular, the Client shall:
    • a) not provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
    • b) not use, without the prior consent of the Seller, the descriptions of the Products located in the Online Store, in particular in the case of further sale of Products within the Client's business or professional activity,
    • c) use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
    • d) not take actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
    • e) use the Online Store in a manner that is not burdensome to other Clients and to the Seller,
    • f) use any content posted within the Online Store only for their own personal use,
    • g) use the Online Store in a manner consistent with the law in force in the Republic of Poland, the provisions of the Regulations, as well as the general rules of Internet use.
  4. The Seller shall not be liable for unauthorized use by Clients of the descriptions of the Products available in the Online Store, or for the use and/or violation by Clients of the intellectual (industrial) property rights of the entities referenced in the Online Store and in connection with which the Products are sold; in particular, the Seller shall not be liable for unauthorized use by Clients of trademarks protected under applicable law.

IV. Services

  1. The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of services consisting in maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Client sends a request to delete the Account.
  3. Clients have the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter service). For this purpose, the Client must provide a valid e-mail address or activate the corresponding field in the registration form or Order form. Clients may revoke their consent to receive commercial information at any time. The contract for the Newsletter service is concluded for an indefinite period of time and is terminated when the Client sends a request to remove his/her e-mail address from the Newsletter subscription or unsubscribes using the link in the content of a message sent within the Newsletter service.
  4. The Seller has the right to organize occasional contests and promotions, the terms and conditions of which will be stated each time on the pages of the Online Store. Promotions in the Online Store are not combinable, unless the terms and conditions of a given promotion state otherwise. A Gift Card is neither a promotion nor a discount and may also be used to pay for Products covered by a promotion.
  5. If the Client violates the provisions of these Regulations, the Seller, after an ineffective request to cease or remedy the violations within a reasonable period, may terminate the contract for the provision of Services upon 14 days' notice. In exceptional cases of gross violations of the law or elementary rules of conduct, the Client's account may be blocked.
  6. The Online Store offers the opportunity to leave feedback on Products. Reviews are provided by Clients through the Trusted Shops platform. The opportunity to give feedback through the above-mentioned platform is available to those who have made a purchase from the Seller's Online Store. These reviews are verified by the Trusted Shops platform provider and made available in the Seller's Online Store.

V. Procedure for Concluding a Sales Contract

  1. Clients have the option to place an Order:
    • a) via the Online Store;
    • b) by sending an e-mail to the Seller's contact address;
    • c) by phone.
  2. Information about the Products given in the Online Store, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code (by merely placing an order, the Client does not conclude a contract with the Seller).
  3. All Products available in the Online Store are brand new and have been legally introduced into the Polish market.
  4. The Seller notes that the offered Products are compatible with the standard model of the vehicle for which the Products are intended. For details on the obligations of the Client and the Seller in the case of non-standard versions/models of vehicles, please refer to item X of these Regulations.
  5. Placing Orders through the Online Store:
    • a) The condition for placing an Order is to have an active e-mail account.
    • b) Clients can log in to the Online Store or use the option of placing an Order without registration.
    • c) An Order placed through the Order form available on the website of the Online Store is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Contract for the Products that are the subject of the Order.
    • d) The Client places an Order after completing the necessary data and clicking the „Order with obligation to pay” button (or equivalent).
    • e) After an Order is placed, the Seller will send to the e-mail address provided by the Client a confirmation of receipt of the Order (order receipt confirmation No. X). However, such confirmation is not equivalent to the Seller's acceptance of the offer. Acceptance of the offer takes place at the time indicated in the item below.
    • f) An offer made in electronic form is binding on the Client for 7 days, if the Seller sends a confirmation of acceptance of the Order to the e-mail address provided by the Client (commencement of Order No. X). The Seller shall inform about the acceptance or rejection of the Order immediately, no later than 7 days after the Order is placed. The aforementioned confirmation is the Seller's statement of acceptance of the Client's offer. This means that as soon as the Client receives the confirmation of acceptance of the Order, the Sales Contract concerning this Order is concluded, which entails the obligation to pay for the ordered Products.
  6. Placing Orders via e-mail or by phone:
    • a) Placing an Order in the Online Store by phone or by e-mail is possible on Business Days and during the hours indicated on the Online Store website. To this end, the Client should: (i) give verbally during a phone call or in writing in an e-mail addressed to the Seller the name and number of the Product from among the Products in the Online Store, (ii) indicate the method of delivery and form of payment from among those listed in the Online Store, (iii) provide the data needed to complete the Order, in particular: name, place of residence and e-mail address.
    • b) Information on the total value of the Order referred to in item V.6 above is given each time by the Seller verbally after the entire Order has been completed or by e-mail, together with the information that the conclusion of the Sales Contract by the Client entails the obligation to pay for the ordered Products; at that moment the Sales Contract is concluded.
    • c) In the case of a Client who is a Consumer, the Seller, each time after an Order is placed by phone or e-mail, sends the Client a confirmation of the terms of the Order placed.
  7. The Sales Contract is concluded in Polish, English, French or German, with content in accordance with the Regulations.
  8. If the Client has prepaid for an Order and the Seller does not accept that Order, any payment made for the unaccepted Order will be refunded to the Client using the same method of payment used by the Client, unless the Client expressly agrees to or indicates another method of refund.
  9. The Client has the option of ordering an additional service of installing the Product on a vehicle belonging to the Client at the Seller's premises. The Parties shall, by individual agreements, establish the terms and conditions for the provision of installation services, including the price and completion date, subject to the following provisions.
  10. In the case of ordering the installation of the ordered Product in a vehicle, the Consumer agrees to the commencement of the service before the expiry of the 14-day period for withdrawal from the contract. The Consumer is aware that in such a case he/she will not have the right to withdraw from the contract. If the Consumer, despite agreeing to the commencement of the service before the expiry of the aforementioned period, decides to withdraw from the contract, the Seller (Service Provider) will be entitled to payment for the Products or for activities performed up to the moment of withdrawal, in proportion to the agreed service price.
  11. Item V.5 applies accordingly to Orders including Gift Cards. A Gift Card is sent electronically to the e-mail address of the Client or of a person indicated by the Client immediately after the payment has been credited or, if the Client has selected a delivery date, on that date.

VI. Delivery

  1. Delivery of Products shall be made to the address indicated by the Client when placing the Order and shall take place within or outside the European Union.
  2. Delivery of ordered Products is carried out through a carrier (courier company), the cost of which is borne by the Client in accordance with the delivery option selected when placing the Order.
  3. The Seller passes on to the carrier the delivery data that the Client provided in the purchase form on the Seller's website. The Seller is not responsible for the correctness of the information necessary to send the goods and does not verify its accuracy and authenticity.
  4. In the description of the Product on the pages of the Online Store, the Seller informs the Client about the number of Business Days required to process the Order and deliver it, as well as the amount of delivery fees.
  5. The Seller provides the Client with proof of purchase.
  6. If different lead times are stipulated for the Products covered by the Order, the longest of the stipulated periods shall apply to the entire Order.
  7. The Client, pursuant to Article 545 § 2 of the Civil Code in conjunction with Articles 74 and 76 of the Transportation Law, is obliged to examine the shipment at the time and in the manner appropriate to the type of shipment, and if it is found that there was a loss or damage to the item during carriage, the Client is also obliged to perform all actions necessary to determine the carrier's liability.
  8. If the Client notices visible defects or damage upon receipt of the shipment, the Client should request the carrier to record the condition of the shipment in a report. If the Client notices defects or damage that could not be seen from the outside upon receipt, the Client should report this to the Seller or the carrier immediately after discovering the damage, but no later than within 7 days of receipt of the shipment. If the damage is reported directly to the carrier, the Client should at the same time request that the carrier determine the condition of the shipment.
  9. In order to facilitate the complaint process, the Client should immediately, no later than within 7 days of receipt of the shipment, inform the Seller of any damage or defects in the Products or non-conformity of the Products with the contract in the form of incompleteness (e.g. missing individual parts).
  10. The consequence of failure to comply with the above obligations to examine the Products in accordance with items VI.7–9 of the Regulations may be the rejection of the Client's complaint that the Products are not in conformity with the contract.
  11. Items VI.1–10 do not apply to Gift Cards, which are delivered electronically free of charge in accordance with item V.11 of the Regulations.

VII. Prices and Payment Methods

  1. The prices of the Products are given in Polish zloty, euro or US dollars at the Client's choice and include VAT. The price is defined as the regular price. The Products are available at regular prices, which are the ordinary price the Client pays if the Products are not subject to a discount, promotion, rebate, etc. The promotional price is the price that the Client finally pays with the benefits granted by the Seller, such as a discount, promotion, rebate, etc. The quoted prices do not include delivery costs and any other costs that the Client will be required to pay in connection with the Sales Contract, which the Client will be informed about when choosing the delivery method and placing the order. Gift Cards are offered only in Polish zloty and euro, and a Gift Card may only be used to pay for an Order placed in the currency in which it was issued.
  2. Products may be presented in the Online Store at promotional prices. The price indicated by the Seller next to the promotional price is the lowest price at which the product was available from the Seller in the last 30 days.
  3. Clients can choose from the payment methods available in the Online Store, including primarily the following methods:
    • a) bank transfer to the Seller's bank account (in this case, processing of the Order will begin after the Seller sends the Client a confirmation of acceptance of the Order, and shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
    • b) electronic payment (in this case, processing of the Order will begin after the Seller sends the Client a confirmation of acceptance of the Order and after the Seller receives information from the payment agent's system that the Client has made the payment, and shipment will be made immediately after the Order is completed). Electronic payments can be made via PayPal or Przelewy24;
    • c) Gift Card – in full or in part, with the remaining amount paid by the Client using one of the methods listed above. A Gift Card cannot be used to pay for another Gift Card.
  4. The Client shall pay for the placed Order in advance, no later than 14 days after placing it.
  5. If a Sales Contract is concluded and the Client fails to make payment within the period referred to above or another period agreed between the Parties, the Seller may withdraw from the contract (cancel the Order).
  6. If the Products are sold outside the European Economic Area, the Buyer shall be responsible for the payment of taxes and customs duties related to the import of the product into the destination country (hereinafter: „import duties”). In this case, the price that the Client is obliged to pay to the Seller does not include any taxes payable outside the EEA, customs duties or other similar charges.
  7. The amount of import duties depends on local customs regulations and the value and type of product. Buyers should familiarize themselves with applicable regulations or contact the relevant authorities in the destination country before making a purchase to avoid unexpected costs. Import duties are usually charged when the product is imported into the destination country. The Buyer shall pay any import duties that may be charged upon import of the product directly to the customs office or through a designated customs agent before receiving the Products. The same applies to returning the Products to the Seller.

VIII. Entitlement to Withdraw from the Contract

  1. In the case of the sale of a single Product, the period for withdrawal from the contract expires 14 days from the date on which the Client took possession of the Product or on which a third party other than the carrier and designated by the Client took possession of the Product (in the case of the purchase of multiple Products – from taking possession of the last Product).
  2. In the case of the purchase of Products delivered in batches or parts, the period for withdrawal from the contract expires 14 days after the date on which the Client took possession of the last batch or part or on which a third party other than the carrier and designated by the Client took possession of the last batch or part of the Products.
  3. In the case of a contract for the regular delivery of Products for a fixed period of time, the period for withdrawal from the contract expires 14 days from the date on which the Client took possession of the first of the products, or on which a third party other than the carrier and designated by the Client took possession of the first of the products.
  4. In order to exercise your right to withdraw from the contract, you must inform Maxton Design spółka z ograniczoną odpowiedzialnością, ul. Podlesie 26, 32-830 Wojnicz, e-mail: sales@maxtondesign.eu, phone: +48 14 307 06 04 of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You may use the model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
  5. In order to identify the Client returning the goods and the goods themselves, the Client is asked to include in the return shipment a document enabling identification in any form. Such a document may be a return form, order number, invoice number, data of the Client who placed the order including the e-mail address, or other. If no identification document is provided in any form, handling of the return may be impossible, which may result in its delay or rejection.
  6. The Consumer's right to withdraw from the contract is excluded in the circumstances provided for in Article 38 of the Law on Consumer Rights, in particular in the case of:
    • a) the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the Seller's performance he/she will lose the right to withdraw from the contract;
    • b) a contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period;
    • c) a contract in which the subject of the performance is a non-prefabricated Product, produced to the Consumer's specifications or serving to meet his/her individualized needs;
    • d) a contract in which the subject of the performance is a Product delivered in a sealed package that cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;
    • e) a contract in which the subject of the performance are Products which, after delivery, due to their nature, are inseparably combined with other items;
    • f) a contract in which the Consumer expressly requested that the Seller come to him/her to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the Consumer has the right of withdrawal with respect to the additional services or Products;
    • g) a contract concluded by way of a public auction;
    • h) a contract for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer's express consent before the end of the withdrawal period and after the Seller has informed him/her of the loss of the right of withdrawal.
  7. In the event of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the Parties have provided shall be returned unchanged (in original packaging, with protective foil, if any), unless a change was necessary to establish the nature, characteristics and functioning of the Products. The return should be made immediately, no later than 14 days after the submission of the statement of withdrawal. The purchased Products should be returned to the Seller's address.
  8. The Seller shall immediately, 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 him/her, including the cost of delivery of the Products. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund which does not involve any cost for the Consumer. If the Order was paid for in full or in part with a Gift Card, the amount paid with the Gift Card is refunded to that Gift Card, and the remaining amount using the other method of payment used by the Consumer. The Seller may withhold the refund until it receives the item back or the Client provides proof of its return, whichever occurs first, unless the Seller has offered to collect the item from the Client itself.
  9. If the Consumer has chosen a method of delivery other than the cheapest standard delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred.
  10. The Client shall bear only the direct cost of returning the Products, which may amount to a maximum of PLN 4,000, unless the Seller has agreed to bear this cost.
  11. The rules for withdrawal from a contract for the purchase of a Gift Card are set out in the Gift Card Terms and Conditions.

IX. Product Complaints

  1. The Seller undertakes to deliver to the Consumer Products in conformity with the Sales Contract, and in the case of Entrepreneurs – free from defects.
  2. The Seller is liable to the Client who is a Consumer for non-conformity of the Products with the contract under the terms of Chapter 5a of the Law on Consumer Rights and the relevant provisions of the Civil Code, taking into account the provisions of these Regulations.
  3. Towards the Client who is an Entrepreneur, the Seller is liable under the warranty for defects (rękojmia) under the terms of Articles 556–576 of the Civil Code, subject to the provisions of these Regulations.
  4. Complaints arising from the violation of the Client's rights guaranteed by law or under these Regulations should be addressed to Maxton Design spółka z ograniczoną odpowiedzialnością, ul. Podlesie 26, 32-830 Wojnicz, e-mail: sales@maxtondesign.eu (Individual Client) / info@maxtondesign.eu (Counterparty – Dealer), phone: +48 14 307 06 04.
  5. In the case of Clients who are Entrepreneurs, complaints must be submitted immediately, but no later than 72 hours from the discovery of a defect in the Products (or 72 hours from the date of receipt of the Products in the case of quantity shortages).
  6. In order for the complaint to be processed, the Client should send or deliver the Product concerned, if possible attaching proof of purchase. The Seller undertakes to collect the Product at its own expense if it is collected from a country in continental Europe. If the Product is to be collected from a country outside continental Europe, the cost of shipping and export duties shall be borne by the Client, who sends the Product to the address indicated in item 4.
  7. The Seller confirms electronically the receipt of a complaint submitted by the Client by e-mail.
  8. The Seller undertakes to process each complaint within 14 days of receipt of the Product concerned.
  9. After processing the complaint, the Seller changes the status of the complaint visible in the Client's Account. At this point, the Client is automatically informed of the change by e-mail.
  10. The refund for an accepted complaint will be made within 14 business days from the moment the complaint is accepted. The amount due will be refunded using the method chosen by the Client when placing the order. If the Order was paid for in full or in part with a Gift Card, the amount paid with the Gift Card is refunded to that Gift Card.
  11. If the complaint is incomplete, the Seller will request the Client to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receipt of the request by the Client.
  12. The Seller shall not be liable for defects or non-conformity of the Products with the contract resulting from:
    • a) damage caused by installation that is improper or inconsistent with the installation instructions provided by the Seller,
    • b) damage to the mounting holes of the Products resulting from attempts to install the item in an improper manner (the item should be test-fitted first),
    • c) damage to add-ons (diffusers) caused when the vehicle on which the Product is mounted does not have the original exhaust system,
    • d) damage to add-ons (diffusers) caused by driving at too high a speed, i.e. above 250 km/h,
    • e) incompatibility of the Products with additional vehicle equipment not provided for in the basic versions of the vehicles for which the Products are intended,
    • f) damage to the Products caused by improper maintenance, including the use of overly aggressive chemicals,
    • g) and is not responsible for the loss of the warranty provided by the vehicle manufacturer.
  13. The Client is informed in each case about the restrictions on the use or durability applicable to individual Products in the description of the respective Product on the website of the Online Store. These limitations result primarily from the specific durability of the materials used in production, over which the Seller has no real control. When concluding the Sales Contract, the Client declares, using a dedicated form, that he/she has read and accepted the absence of certain features of the Product.
  14. The Seller shall not be liable for damage to the Client's vehicle resulting from the use of the Products in an improper manner, inconsistent with the installation instructions provided by the Seller or with the intended use of the Products.

X. Limitation of Liability Regarding Compatibility of Products

  1. The Seller notes that the offered Products may not fit the specific model of the Client's vehicle, especially in the case of non-standard versions, such as hybrid versions, or when the vehicle has been modified at the Client's special request. The Seller makes and delivers Products compatible with the standard version and model of the vehicle indicated in the description of the Product. Therefore, when purchasing automotive parts, the Client should consider the risk of product incompatibility.
  2. In order to avoid misunderstandings, the Client is required to report, when placing an Order, any modifications of his/her vehicle relative to the standard version/model.
  3. If the Client fails to report significant modifications of his/her vehicle before placing the Order or, despite the Seller's warning, decides to proceed with the Order, all risks and additional costs resulting from the incompatibility of the Products will be borne by the Client. This includes, but is not limited to, costs associated with replacing a part, returning it, or potential damage to the vehicle resulting from the use of an unsuitable part. Such incompatibility will not be considered non-conformity with the contract.
  4. The above reservations do not affect the Consumer's statutory right to withdraw from the contract.
  5. The Seller informs that Products may currently be delivered with different versions of the Seller's logo, as a result of an ongoing update of its visual identity. Any differences are purely visual and do not affect the quality, functionality or properties of the Products. The current version of the Seller's logo is shown in the header of the Seller's Online Store. Receiving a Product with a logo different from the photos presented in the offer in the Online Store does not constitute a defect of the Product or its non-conformity with the Sales Contract.

XI. Complaints Regarding the Provision of Services Electronically

  1. Clients may submit complaints to the Seller in connection with the operation of the Online Store and the use of the Services. Complaints can be submitted in writing to Maxton Design spółka z ograniczoną odpowiedzialnością, ul. Podlesie 26, 32-830 Wojnicz, by e-mail: sales@maxtondesign.eu (Individual Client) / info@maxtondesign.eu (Counterparty – Dealer), or by phone: +48 14 307 06 04.
  2. In the complaint, the Client should include his/her name, mailing address, and the type and description of the problem.
  3. The Seller undertakes to process each complaint within 14 days, and if this is not possible, to inform the Client within this period when the complaint will be processed. If the complaint is incomplete, the Seller will request the Client to supplement it to the necessary extent within 7 days from the date of receipt of the request by the Client.
  4. Complaints concerning Gift Cards, in particular non-delivery of a Gift Card, a malfunctioning code or an incorrect balance, may also be submitted under the procedure set out in this section, unless the Gift Card Terms and Conditions provide otherwise. The complaint should include the number of the Order in which the Gift Card was purchased or the Gift Card code.

XII. Business-to-business (B2B) Sales

  1. In the case of contracts with Entrepreneurs, the Seller has the right to limit the available methods of payment for the ordered Products. This also applies to the possibility of requiring prepayment in full or in part for the Products, regardless of the payment method selected by the Entrepreneur.
  2. Upon handing over the Products to the carrier, the benefits and burdens related to the Products and the risk of accidental loss of or damage to the Products pass to the Entrepreneur.
  3. If the Products are sent to the Entrepreneur via a carrier, the Entrepreneur shall examine the shipment at the time and in the manner usual for shipments of this kind. If the Entrepreneur determines that there was a loss of or damage to the Products during carriage, the Entrepreneur is obliged to perform all actions necessary to determine the carrier's liability.
  4. In the case of services provided electronically, the Seller, being a service provider within the meaning of the Law on the Provision of Services Electronically, may terminate the contract governed by that Law with the Entrepreneur, being a service recipient, with immediate effect and without stating reasons, by sending an appropriate statement to the Entrepreneur's e-mail address.
  5. The Seller shall not be liable, in particular, in the case of storage, transportation or use of Products contrary to the information contained in the description of the Products or on their labels.
  6. The Seller's liability for lost profits towards the Entrepreneur is excluded.
  7. Any liability of the Seller under the contract or the provision of services to the Entrepreneur is limited to the amount of the Order under the concluded contract.
  8. The Client shall not be entitled to any claims against the Seller on account of third-party claims arising from the use of the Products.

XIII. Out-of-court Ways of Settling Complaints and Redressing Claims

  1. Clients who are Consumers have, among others, the following options for out-of-court handling of complaints and claims:
    • a) they are entitled to apply to the permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Contract;
    • b) they are entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Client and the Seller;
    • c) they may obtain free assistance in resolving a dispute between the Client and the Seller, including the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (among others, the Federation of Consumers and the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline +48 800 007 707 and by the Association of Polish Consumers at porady@dlakonsumentow.pl;
    • d) they may submit a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIV. Protection of Personal Data

  1. The Seller collects and processes the personal data provided by Clients in accordance with applicable law and the Privacy Policy available on the pages of the Online Store.
  2. Clients' personal data will be processed by the Seller only for the purpose of performing the activities necessary for the proper conduct of the Sale.
  3. Clients have the right to access, correct and delete the processed data. Providing data is voluntary, but it is necessary to place and fulfil an Order.
  4. Upon deletion of the data, the Client loses the possibility to make purchases.
  5. In the case of a Gift Card sent to a person indicated by the Client, the Seller processes that person's name and e-mail address and the content of the attached message solely for the purpose of delivering the Gift Card and handling its use, in accordance with the Privacy Policy.

XV. Final Provisions

  1. All rights to the Online Store, including economic copyrights and intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms and logos, belong to the Seller, and they may only be used in the manner specified in and in accordance with the Regulations.
  2. Any disputes arising between the Seller and a Client who is a Consumer shall be submitted to the courts competent under the relevant provisions of the Code of Civil Procedure.
  3. Any disputes arising between the Seller and a Client who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
  4. In matters not covered by these Regulations, the provisions of the Civil Code, the Law on the Provision of Services Electronically, the Law on Consumer Rights and other relevant provisions of Polish law shall apply.
  5. The Seller may make changes to the Regulations. With regard to the provisions relating to Consumers, changes will be made only for important reasons, including if the terms of concluding the Sales Contract change, when the applicable regulations change, when new Products or Services are introduced, and when IT solutions change.
  6. Any changes to these Regulations will be communicated to each Client through information on the main page of the Online Store containing a summary of the changes and their effective date. Clients having an Account will additionally be informed of the changes, together with a summary, at the e-mail address they have indicated. The changes will take effect no earlier than 14 days from the date of their announcement. If a Client with an Account does not accept the new content of the Regulations, he/she is obliged to notify the Seller within 14 days from the date of being informed of the change. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the contract.