1. GENERAL PROVISIONS

1.1. The Online Store is available at the following internet address: www.optima-parts.com (hereinafter: Online Store).

1.2. The owner of the Online Store is Arkadiusz Pasch, who runs a business under the name ARKADIUSZ PASCH, with its registered office at ul. Kardynała Wyszyńskiego 2/9, 64-400 Międzychód, entered into the Central Register and Information on Economic Activity, NIP: 5951380631, REGON: 300491840, e-mail address: kontakt@optima-parts.com.

1.3 These Regulations are intended both for Customers who are Consumers and for Customers who are not Consumers who use the Online Store.

1.4. Acceptance of these Regulations is voluntary, but necessary to create a Customer Account, and above all for the Customer to place an Order in the Online Store.

1.5 The Regulations are made available free of charge by the Seller in the Online Store in a way that allows customers to read its content and record its content by printing or saving on an external medium.

1.6 The information presented in the Online Store is only an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, addressed by the Seller to the Customers, and not an offer in accordance with the provisions of the Civil Code.

1.7. DEFINITIONS. Whenever the following capitalized terms are used in the further part of the Regulations, they should be understood in the meaning given below, unless the context of their use clearly indicates otherwise:

1. SIDE - the Seller's Customer Service Office, which provides customers with information on the activities conducted by the Online Store, in particular on the Products, the activities of the Online Store, the Regulations and current Promotional Actions, on working days, during the hours indicated in the Online Store in the "Contact" tab, at the telephone numbers and e-mail address indicated therein.
2. PRICE - the amount of gross remuneration (including tax) specified in Polish zlotys due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotional Action in force at the time in the Online Store provide otherwise.
3. CLIENT - (1) a natural person; or a legal person acting by an authorized person (2); or (3) an organizational unit without legal personality which the law recognizes as having legal capacity; with full legal capacity. If the Customer is a natural person with limited legal capacity, he undertakes to obtain legally effective consent of his statutory representative for the conclusion of the Service Provision Agreement / Sales Agreement and to present such consent at each request of the Seller, and in principle the Sales Agreements concluded as part of the Online Store are contracts commonly concluded in minor everyday matters.
4. CONSUMER - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
5. ENTREPRENEUR - CONSUMER - A customer who is a natural person concluding a contract directly related to his business, when the content of this contract shows that it does not have a professional nature for him, resulting in particular from the subject of business activity, made available on the basis of the provisions on the Central Registration and Information Business.
6. CUSTOMER ACCOUNT - Electronic Service; a set of resources in the Seller's ICT system marked with an individual name (Login) and Password provided by the Customer, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipping Products, tracking the status of the Order, accessing the history of Orders, making consumer returns and other services provided by the Seller.
7. SHOPPING CART - a service made available to every Customer who uses the Online Store, consisting in enabling him to easily place an Order for one or more Products, entering discount codes enabling a price reduction on the terms set out in separate Regulations of Promotional Actions, displaying a summary of the Prices of individual Products and all Products in total (including possible shipping costs). The basket collects the offers submitted by the Customer to conclude a Sales Agreement, i.e. within one Order, you can submit more than one offer to conclude a Sales Agreement.
8. LOGIN - Customer's e-mail address provided as part of the Store when creating the Account.
9. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller, against payment of the Price.
10. PROMOTIONAL CAMPAIGN- special conditions of sale or provision of services, regulated on the terms expressed in the Online Store, proposed by the Seller at a specific time, which the Customer may use on the terms specified therein, such as, for example, a reduction in the Price for a Product or a Promotional Set, or a reduction / no shipping costs. Details of the Promotional Action are regulated by the Regulations of the Promotional Action, in accordance with the information provided as part of the Online Store.
11. STATUTE - this document specifying the rules for concluding Sales Agreements and the rules for the provision and use of services provided by the Seller through the Store for customers. The Regulations define the rights and obligations of the Customer and the Seller. In terms of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services.
12. SELLER / OWNER - Arkadiusz Pasch, conducting business activity under the name ARKADIUSZ PASCH, with its registered office at ul. Kardynała Wyszyńskiego 2/9, 64-400 Międzychód, entered into the Central Register and Information on Economic Activity, NIP: 5951380631, REGON: 300491840.
13. CONTENT / CONTENT - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional films, descriptions, comments), including works within the meaning of the Act on copyright and related rights and images of natural persons that are posted and disseminated as part of the Online Store by the Seller, contractors of the Seller, the Customer or another person using the Online Store, respectively.
14. SALES AGREEMENT - a sales contract within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Product for the payment of the Price increased by any additional fees, including shipping costs, the terms of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order on the terms set out in these Regulations. The Sales Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of a separate Sales Agreement. The Seller, as part of the functionality of the Online Store, for objective (substantively justified) reasons, may reserve the conclusion of only one Agreement for several Products due to a direct relationship between the Products - e.g. a Promotional Kit, according to the Regulations of the Promotional Action.
15. ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of electronic services by the Seller to the Customer via the Online Store, in accordance with the Agreement for the Provision of Services. To the extent that services are provided by entities cooperating with the Seller, relevant provisions regarding the rules for using these services can be found in the regulations governing the provision of services by these entities.
16. ORDER - Customer's declaration of will expressing the direct will to conclude a Distance Sale Agreement, submitted using means of distance communication, specifying the Product for which the Customer submits an offer to conclude a Sales Agreement and the Customer's data necessary for the possible conclusion and performance of the Sales Agreement. The order of each Product will be treated as an independent offer of the Customer to conclude a Sales Agreement (technical facilitation). During the Promotional Action, the Seller, as part of the functionality of the Online Store, may, for objective reasons, make the conclusion of one Sales Agreement for several Products as part of the Promotional Set conditional, due to the direct relationship between the Products. An order may be assigned one number, and all offers will be processed simultaneously. Acceptance of the Order means conclusion of the Sales Agreement.

2. RULES OF USING THE ONLINE STORE

2.1 The use of the Online Store may only take place on the terms and to the extent specified in the Regulations.

2.2 The use of the Online Store requires that the end device and the IT system used by the Customer meet the relevant technical requirements. The minimum technical requirements of the User's device enabling full and correct use of the Online Store:

1. a device with access to the Internet;
2. access to electronic mail (email);
3. the latest version of a web browser with JavaScript enabled;

2.3. The Seller declares that he makes every effort to provide Users with permanent access to the Online Store and the Services provided. However, the Seller does not guarantee that the use of the Online Store will be without errors and technical breaks. The Seller reserves the right to suspend or limit access to the Online Store at any time without informing the Customers in advance.

2.4. The Seller is not responsible for the content and content of other websites and portals to which the Customer may be redirected using the links placed in the Online Store.

3. ELECTRONIC SERVICES IN THE ONLINE STORE

3.1 The Seller provides the following Electronic Services for customers free of charge via the Online Store:

1. Customer Account, in case of its registration;
2. enabling Customers to place Orders, conclude Sales Agreements, on the terms set out in these Regulations;
3. presenting customers with advertising content tailored to their interests;
4. enabling customers to use the Cart's services;
5. enabling viewing of the Content placed on the Store;

3.2 The Seller additionally provides the following services free of charge via the Online Store to the Customers who have created the Account:

1. maintaining the Customer's session after logging in to the Account (using a browser);
2. storing and sharing the history of orders with the Customer via the Account;
3. registration of the willingness to return the Products.

         3.3. Using the Account is possible after completing the following steps by the Customer:

1. Completing the registration form, consenting to the processing of personal data, accepting the provisions of these Regulations,

3.4. The Agreement for the Provision of Services is concluded upon receipt by the Customer of the confirmation of registration of the Customer Account, sent by the Seller to the e-mail address provided by the Customer during registration. The account is provided free of charge for an indefinite period. The Customer may, at any time and without giving any reason, delete the Account (resign from the Account) by sending a relevant request to the Seller, in particular via e-mail to the following address: kontakt@optima-parts.com or in writing to the Seller's address. The customer may also delete the account on his own, using the deletion of the customer account module. Creating an Account is not required to place an Order in the Online Store. The Seller may, however, introduce such a limitation as part of the functionality of the Online Store, in particular due to the relationship of a given Product or type of Products with the services provided under the Account.

3.5. The use of the Cart begins when the Customer adds the first Product to the Cart.

3.6. The basket is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.

3.7. The customer is obliged in particular to:

1. provide only true, current and all necessary customer data in the forms provided as part of the Online Store;
2. immediately update the data, including personal data, provided by the Seller's Customer in connection with the conclusion of the Agreement for the Provision of Services or the Sales Agreement, in particular to the extent necessary for their proper performance; The Customer may change the data entered when creating the Account at any time using the options available under the Account;
3. use the services and functionalities provided by the Seller in a manner that does not interfere with the functioning of the Seller and the Online Store;
4. use the services and functionalities provided by the Seller in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in a given area;
5. use the services and functionalities provided by the Seller in a way that is not inconvenient for other Customers and for the Seller;
6. timely payment of the Price and other costs agreed by the Customer and the Seller in full;
7. timely receipt of Products ordered using the method of delivery and cash on delivery;
8. not to provide or transfer within the Store any Content prohibited by the provisions of applicable law, in particular Content infringing the proprietary copyrights of third parties or their personal rights;
9. not taking actions such as:

•          sending or posting in the Online Store Content that violates the law (prohibition of posting unlawful content);
•          undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interference with the principles or technical aspects of the Store's operation and payment processing;
•          unauthorized modification of the Content provided by the Seller, in particular the prices or descriptions of Products provided in the Online Store;

3.8. Complaints related to the provision of Electronic Services may be submitted by phone, e-mail or to the address of the Seller.

3.9. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) customer requests and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

3.10. The response to the complaint by the Seller takes place immediately, not later than within 30 days from the date of its submission, unless a different deadline arises from legal provisions or separate regulations.

4. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4.1 The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order.

4.2 The Seller allows the Customer to place an Order via the Online Store as follows:

1. The Customer adds the selected Product (s) to the Cart and then proceeds to the order form.
2. The Customer who has an Account confirms in the order form that the data necessary to conclude and implement the Sales Agreement is up-to-date. A User who does not have an Account must fill in the order form on his own in terms of his data necessary for the conclusion and implementation of the Sales Agreement. In any case, providing outdated or untrue customer data may prevent the performance of the Agreement. In the order form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s , quantity of the Product (s), if available, type, color and size of the Product, place and method of delivery of the Product (s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the company, and if they have requested, as part of the VAT invoice form, also the tax identification number. In the case of Entrepreneurs - Customers, the Seller may ask for the entrepreneur's PKD numbers.
3. The customer chooses one of the delivery methods provided by the Seller.
4. The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated in the order form.
5. The customer sends the Seller an Order (submits an offer). In the case of a Customer who does not have an Account and has not previously accepted the Regulations, the acceptance of the Regulations is required.
6. When placing the Order, until the button confirming the order is pressed, the Customer has the option of correcting the entered data in the "Cart" panel by adding or removing a given item from the Cart. Removal of an item may automatically remove another item from the Cart due to a direct relationship between the Products.
7. Depending on the selected method of payment, the Customer may be redirected to the website of an external payment service provider in order to make the payment;

4.3. In response to the Order, the Seller immediately sends the Customer an automatic message to the e-mail address provided for this purpose by the Customer confirming receipt of the Order and commencement of its verification.

4.4. After verifying the Order, without undue delay, the Seller shall send the Customer a message to the e-mail address provided:

1. confirmation of acceptance of one or more individual offers for Products submitted as part of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order in the scope of the Products indicated in the message); or
2. information about the inability to accept all offers for Products submitted as part of the Order due to non-payment, or
3. information that the parcel was not picked up.

4.5. The Sales Agreement is concluded upon the confirmation of the offer (s), i.e. the receipt by the Customer of the message referred to above in the scope of the Products indicated therein.

4.6. If it is not possible to accept all or some of the offers submitted as part of the Order, the owner will contact the customer in order to:

1. informing the Customer about the impossibility of accepting all offers submitted as part of the Order to conclude a Sales Agreement; or
2. confirmation by the Customer of the will to execute the Order in the part in which the Seller has agreed to accept offers to conclude a Sales Agreement. Then the Customer may cancel the entire Order (in the scope of all offers), which does not violate his right to withdraw from the contract. Cancellation of the Order by the Customer releases the Seller from the obligation to perform it. In the event of cancellation of the Order, the relevant applies below.

4.7. If it is not possible to accept the offers / s submitted as part of the Order, the Sales Agreement to the extent indicated by the owner of the Products is not concluded, and the Seller shall immediately, not later than within 14 days, return the payments made by the Customer, to the extent that the Sales Agreement does not has been concluded.

4.8. Independently, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the e-mail or SMS address provided by the Customer or by contacting by phone.

4.9. The Seller strives to ensure the availability of all Products and the implementation of the Sales Agreement. In the event of the inability to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including art. 493-495 of the Civil Code, in particular regarding the obligation to immediately return the benefit to the Consumer.

4.10. The total value of the Order includes the Price, shipping costs and any other costs of optional paid services selected by the Customer. The Seller may, within a period of his choice, set the threshold for the minimum Order value for which the shipment of the Products is free. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - the Customer is informed about the obligation to pay them. when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

4.11. Promotional Actions in force in the Online Store cannot be combined, unless the provisions of the Promotion expressly provide otherwise.

4.12. Each of the Promotional Actions carried out has the relevant Promotional Action Regulations. If a Promotional Action is in force, the provisions of the Regulations of the Promotional Action shall take precedence over the provisions of these Regulations. In matters not covered by the Regulations of the Promotional Campaign, the provisions of these Regulations shall apply.

5. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

5.1 The Seller provides the Customer with various payment methods under the Sales Agreement, in particular:

1. cash on delivery on delivery;
2. by transfer to the Seller's bank account;
3. electronic payments and card payments via authorized external websites, in accordance with the information provided as part of the Online Store;

5.2. Possible current payment methods are specified in the Online Store at the time the Customer expresses the will to be bound by the Sales Agreement. The available payment methods may depend on the method of delivery or the Product selected by the Customer. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

5.3. Settlements of transactions with electronic payments and payment cards are carried out according to the Customer's choice through authorized services.

5.4. If the Seller does not receive the payment of the Customer who has chosen payment in advance, i.e. payment by bank transfer, electronic payment or payment by credit card, the Seller may contact the Customer to remind him about the payment, including by sending an e-mail. Failure to make the payment within 3 days of placing the Order, and then within an additional 1-day period, will result in the lack of acceptance of the offer submitted by the Customer as part of the Order. The Customer may also, until receiving the message about sending the Order, cancel it without bearing any consequences, by contacting the Seller via BOK, which does not violate his right to withdraw from the contract - this does not apply, however, to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.

5.5. If the Customer selects the payment on delivery on delivery, the Customer is obliged to make the payment on delivery. The refusal to collect the Product, despite the appointment of an additional appropriate date, is a condition terminating the Sales Agreement. The Customer may also cancel the Order within the indicated period without suffering consequences, which does not violate his right to withdraw from the contract - however, this does not apply to Products manufactured according to the Customer's specifications or serving to satisfy his individual needs.

6. COST, METHODS AND DELIVERY TIME OF THE PRODUCT

6.1.Delivery of the Product is available on the territory of the Republic of Poland and to selected countries indicated when choosing to finalize the purchase in the Online Store.

6.2 The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.

6.3 The available delivery methods may depend on the payment method or the Product selected by the Customer. The available delivery methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.

6.4 The total time of waiting for the Customer to receive the Product (delivery date) consists of the time of preparing the Order for shipment by the Seller (2 to 9 business days) and the time of delivering the Product by the carrier (in the case of a DPD courier, usually 1-2 business days from the date of delivery). sending in the territory of the Republic of Poland and up to 14 days in the EU).

6.5. If possible, please check that the Product has not been damaged by the courier company. In the event of any inaccuracies, please prepare a damage report.

7. PRODUCT COMPLAINT

7.1 The Customer who is a Consumer is entitled to make a complaint about the purchased Product. The rights contained in point 7 are also entitled to Entrepreneurs - Consumers.

7.2 The basis and scope of the Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty), are specified in the provisions of the Civil Code, in particular in art. 556 and following of the Civil Code.

7.3 The Seller is obliged to provide the Customer with the Product in accordance with the description and photos of the Product.

7.4 A complaint may be made by the Customer, for example

1. in writing to the following address: Arkadiusz Pasch, ul. Cardinal Wyszyńskiego 2/9, 64-400 Międzychód;
2. in electronic form via e-mail to the following address: kontakt@optima-parts.com.

7.5 If the sold Product has a defect, the Customer may:

1. submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. The reduced price should remain in proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect of the Product is irrelevant;
2. demand the replacement of the Product with a Product free from defects or the removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer; with reservations and on the terms specified in the relevant provisions of the Civil Code.

7.6. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a non-defective one or, instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects is taken into account, as well as the type and significance of the defect found, and the inconvenience to which the Consumer would otherwise be exposed.

7.7. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

7.8. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has requested replacement of the item or removal of the defect, or has submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the request was considered as justified.

7.9. If the Seller responds to the Customer's complaint or to exercise the Customer's rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with art. 5612 in connection with joke. 354 § 2 of the Civil Code, the Customer will be obliged to deliver the Product at the Seller's expense at Arkadiusz Pasch, ul. Cardinal Wyszyńskiego 2/9, 64-400 Międzychód.

7.10. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim for the removal of the defect or replacement of the Product with a product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the period of limitation may not end before the expiry of the period referred to in the first sentence.

8. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

8.1. The use of out-of-court complaint and redress procedures is voluntary. The following provisions are informative and do not constitute the Seller's obligation to use out-of-court dispute resolution. The Seller's declaration of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by the Seller on paper or other durable medium if the dispute has not been resolved as a result of the complaint submitted by the Consumer.

8.2. The rules for conducting out-of-court consumer dispute resolution procedures and the obligations of entrepreneurs in this regard are specified separately in legal provisions (including in particular in the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by relevant entities competent in in the field of resolving consumer disputes. Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures may be available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, in particular also at the following internet address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings regarding out-of-court resolution of consumer disputes.

8.3. The Customer who is a Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:

1. The customer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Sales Agreement.
2. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding out-of-court dispute resolution between the Customer and the Seller.
3. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
4. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform for online consumer dispute resolution. Arkadiusz Pasch is not currently participating in this voluntary alternative dispute resolution procedure.

9. THE RIGHT TO WITHDRAW FROM THE CONTRACT

9.1. In the event of withdrawal from the contract and return of the purchased products by Customers who are Consumers or Entrepreneurs - Consumers, the Customer is obliged to return the purchased product at his own expense to the following address: Arkadiusz Pasch, ul. Cardinal Wyszyńskiego 2/9, 64-400 Międzychód;

1. PRODUCT REPLACEMENT

10.1. The Customer who is a Consumer is entitled to replace the purchased Product within 30 days from the date of delivery. The rights contained in point 10 are also entitled to Entrepreneurs - Consumers.

10.2. Saturdays and Sundays as well as public holidays are included in the 30-day period.

10.3. In order to replace the Product, the Consumer is obliged to contact the Seller at the following address: kontakt@optima-parts.com

10.4. The Customer is entitled to replace the Product with another Product that is available on the Website, with the proviso that it must be of the same price (the regular price of the Product applies).

10.5. If the Seller does not have the Product in stock for which the Consumer intended to replace the originally purchased Product, the Seller reserves the right to contact the Consumer by BOK in order to propose an exchange for another, available Product in the Online Store, at the same regular Product price.

10.6. The cost of shipping the Product to be exchanged to the Seller is borne solely by the Consumer.

10.7. The consumer is responsible for the proper packaging of the Product so that it is not damaged during transport.

10.8. The implementation of the exchange procedure is up to 14 business days from the date of receipt of the parcel by the Seller. The time of delivery by the carrier is not included in the 14-day period.

10.9. The cost of shipping the replaced Product to the Consumer is borne by the Consumer.

1. INTELLECTUAL PROPERTY RIGHTS

11.1. All rights to the Online Store, in particular proprietary copyrights, intellectual property rights to its name, internet domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photos, and other content posted by the Seller, belong to the Seller , and their use may only be in accordance with the Regulations

11.2. It is forbidden to copy, duplicate, modify, reproduce or distribute any part of the Online Store, Service or its elements without the prior written consent of the Seller, except as expressly permitted by the provisions of applicable law and these Regulations. The Seller may take steps, including in court proceedings, to protect their own interests and the interests of the Online Store customers.

11.3. The rights to use, copy and distribute the data available on the website are subject to the provisions of the Act of February 4, 1994 on copyright and related rights.

11.4. The use of the Online Store's data for commercial purposes may take place after prior notification of the Seller and obtaining its written consent.

2. PERSONAL DATA PROTECTION

12.1. The rules for the protection of personal data are specified in the "Privacy Policy" document, available in the "Privacy Policy" tab.

3. PROVISIONS RELATING TO CUSTOMERS WHO ARE NOT CONSUMERS

13.1. This 13 point of the Regulations and the provisions contained therein apply only to Customers who are not Consumers and Entrepreneurs - Consumers.

13.2. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.

13.3. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.

13.4. Neither the Seller nor its employees, authorized representatives and proxies are liable to the Customer, its subcontractors, employees, authorized representatives and / or proxies for any damage, including loss of profits, unless the damage was caused intentionally by them.

13.5. In each case of determining the liability of the Seller, its employees, authorized representatives and / or proxies, this liability towards the Customer who is not a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the Price paid and delivery costs under the last Sales Agreement, but not more than up to the amount of PLN 1,000.

13.6. Any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

13.7. With regard to Customers who are not Consumers, the Seller may amend the Regulations at any time on the basis of generally applicable law.

4. FINAL PROVISIONS

14.1. The Regulations enter into force on August 31, 2021.

14.2. The Regulations are available only in Polish.

14.3. In matters not covered by these Regulations, the provisions of generally applicable law shall apply.

14.4. Unless the mandatory provisions of law provide otherwise, the law applicable to all disputes arising from these Regulations is Polish law.

14.5. In the event that the provisions of the mandatory law of the country of the Customer's habitual residence provide for more favorable conditions for him than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence will apply.

14.6. Unless the applicable law provides otherwise, any disputes arising between the Seller and the Customer shall be settled by the competent Polish courts having jurisdiction over the seat of the Seller.

14.7. The content of these Regulations may change. The Online Store will inform about any changes by posting information on the Online Store website.