Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

§ 1 GENERAL PROVISIONS

The Store operates under the rules set out in these Terms and Conditions.

These Terms and Conditions define the rules for concluding and terminating Product Sales Agreements, the complaint procedure, the types and scope of services provided electronically by the Centrum Diagnostyki Pojazdowej Store, the rules for providing those services, and the rules for concluding and terminating agreements for electronic services.

Every Service User who begins using the Store's Electronic Services is obliged to comply with these Terms and Conditions.

In matters not regulated herein, the applicable provisions of Polish law shall apply, including the Act on the Provision of Electronic Services of 18 July 2002, the Consumer Rights Act of 30 May 2014, the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016, the Civil Code of 23 April 1964 and other applicable provisions.

§ 2 DEFINITIONS

ORDER FORM – the form available on the Centrum Diagnostyki Pojazdowej website which enables an Order to be placed.

CUSTOMER – a Service User who intends to conclude or has concluded a Sales Agreement with the Seller.

CONSUMER – a natural person who enters into a legal transaction with a business which is not directly related to that person's business or professional activity.

ENTREPRENEUR / BUSINESS CUSTOMER – a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name.

PRODUCT – movable goods available in the Store which are the subject of a Sales Agreement between the Customer and the Seller.

TERMS AND CONDITIONS – these Store Terms and Conditions.

STORE – the Service Provider's online store operated under the Centrum Diagnostyki Pojazdowej brand.

SELLER / SERVICE PROVIDER – Centrum Diagnostyki Pojazdowej, Sikorskiego 87C, 27-400 Ostrowiec Świętokrzyski, Poland, Tax ID (NIP) 6612295863.

SALES AGREEMENT – a Product sales agreement concluded between the Customer and the Seller through the Store.

ORDER – the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

PRICE – the monetary amount the Customer is required to pay the Seller for the Product.

§ 3 PRODUCT INFORMATION AND ORDERING

The Centrum Diagnostyki Pojazdowej Store sells Products via the Internet.

Products offered in the Store are new, conform to the contract and have been lawfully placed on the Polish market.

Information published on the Store's website does not constitute an offer within the meaning of the applicable law. By placing an Order, the Customer makes an offer to purchase the specified Product under the conditions set out in its description.

The Product price shown in the Store is stated in Polish zloty (PLN), includes all price components and does not include delivery costs unless otherwise stated.

Orders may be placed through the website using the Order Form 24 hours a day, throughout the year.

To place an Order, the Customer must read and accept these Terms and Conditions during checkout.

§ 4 CONCLUSION OF A SALES AGREEMENT

To conclude a Sales Agreement, the Customer must first place an Order using a method made available by the Seller in accordance with § 3 points 5 and 6.

After the Order is placed, the Seller promptly confirms receipt of the Order.

Confirmation of acceptance of the Order binds the Customer to the Order. Confirmation is sent by e-mail.

The confirmation contains the essential elements of the Order, a withdrawal form and these Terms and Conditions containing information on the right of withdrawal.

The Sales Agreement is concluded when the Customer receives the e-mail referred to above.

Each Sales Agreement is confirmed by proof of purchase, which is supplied with the Product or otherwise made available to the Customer.

§ 5 PAYMENT METHODS

The Seller makes available the payment methods offered during checkout, including traditional bank transfer, cash on delivery where available, and electronic payment methods.

For a traditional bank transfer, payment should be made to bank account number 90291000060000000002584100. The transfer title should state “Order no. …”.

Where an electronic payment system is used, the Customer pays before Order processing begins. The electronic payment system may enable payment by card or by fast bank transfer from supported banks.

The Customer is required to pay the price under the Sales Agreement within 2 working days from conclusion of the Agreement unless the Agreement states otherwise.

A Product requiring prepayment is dispatched only after payment has been received.

§ 6 COST, TIME AND METHODS OF PRODUCT DELIVERY

Delivery costs, payable by the Customer unless stated otherwise, are determined during checkout.

The Product delivery period consists of the order-preparation period and the carrier's delivery period.

Delivery of physical Products by a carrier takes place within the period declared by that carrier, stated in the source terms as up to 2 working days from dispatch. Delivery is made on working days, excluding Saturdays, Sundays and public holidays.

The order processing time displayed in the offer, on the product page or during checkout is only an indicative, fastest possible processing time counted from the moment payment is credited or the Order is confirmed for processing.

Orders are delivered using the method selected by the Customer, including in particular courier, parcel locker, cash-on-delivery courier, or cash-on-delivery courier with a parcel-content inspection service where offered.

The stated processing time is neither guaranteed nor binding and may change both while the Order is being prepared and during delivery, in particular for reasons beyond the Seller's control, such as carrier delays, logistical problems, increased order volumes, random events or other circumstances outside the Seller's control.

Delivery time depends on the selected delivery method and the entities providing the transport service and is also indicative.

By placing an Order, the Customer acknowledges that the indicated processing and delivery times are estimates and do not in themselves constitute grounds for claims if extended, unless the delay results from intentional fault on the part of the Seller.

If the processing or delivery time is materially extended, the Seller will make reasonable efforts to inform the Customer as soon as possible.

Products purchased in the Store may be sent through Poczta Polska or a courier company. The Store may fulfil Orders both from within Poland and under a dropshipping model, including from warehouses located outside the European Union, for example in China.

For dropshipping Orders, delivery times may differ from the standard time stated for Products shipped from a domestic warehouse.

The Customer acknowledges that shipments sent from outside the European Union may be subject to additional costs independent of the Seller, in particular customs duties, import taxes or other public-law charges.

The Seller is not responsible for customs duties, import taxes or other charges imposed on a shipment by the customs authorities of the country of delivery.

The delivery time shown on a Product page is indicative and may be extended. The delivery estimate shown in the offer refers to standard processing time and does not guarantee delivery on a specific date or at a specific hour, in particular because the actual delivery process is performed by an external carrier.

§ 7 RETURNS, COMPLAINTS AND DIGITAL SERVICES

If a Consumer withdraws from the agreement, the Seller refunds the Product price no later than 14 days after receiving the returned goods or proof that they have been sent back. In the event of withdrawal, the Consumer must promptly return the goods to the Seller.

A response to a complaint is provided on paper or another durable medium, for example by e-mail or SMS.

The complaint form indicated in the original Polish version is available at: https://www.easypaste.org/file/ksjQcWuJ/Reklamacjaform.docx?lang=pl.

Complaints and responsibility for digital services

1. The Seller exercises due care to ensure that digital services offered are available and correspond to their description. The Buyer acknowledges, however, that services based on external systems or providers may experience temporary interruptions, functional limitations or other disruptions outside the Seller's control.
2. The Seller is not responsible for unavailability or limited operation resulting from causes attributable to third parties, in particular external system providers, servers or technical infrastructure.
3. Temporary service interruptions, technical problems on the provider's side or other disruptions outside the Seller's control do not in themselves constitute grounds for accepting a complaint or demanding a refund.
4. If a problem is reported, the Seller may take action to resolve it, including contacting the provider or making alternative access available. Such action is voluntary and does not constitute acknowledgement of the Buyer's claims.
5. To the extent permitted by applicable law, the Seller's liability to the Buyer is limited to the value of the purchased service.
6. These provisions do not exclude mandatory consumer rights. The Buyer acknowledges the specific nature of digital services and their dependence on external infrastructure.

Digital products and access services

1. Products offered by the Store may constitute digital content or digital services, in particular the provision of access credentials to accounts, platforms, databases, service catalogues, diagnostic systems or other external resources.
2. Such Products may be provided using a shared-access model (shared account), which means that access to the service may be used by more than one user.
3. The Buyer acknowledges that the Seller is not the owner or administrator of the systems, platforms or services to which access is provided and only intermediates in providing access credentials.
4. The Seller undertakes to provide access credentials enabling access to the service in accordance with its description at the time of sale.
5. Performance of the agreement means successful provision of the access credentials to the Buyer.

Abuse, rules of use and the Buyer's responsibility

The Buyer is required to use the digital service in accordance with its intended purpose, generally accepted rules of conduct, these Terms and Conditions and the offer description. The service may provide access to external resources, including shared accounts, which requires compliance with technical and organisational rules.

Access is assigned to a specific user and is intended solely for that user's own use. In particular, the following are prohibited:

• sharing login credentials with third parties in any form;
• reselling, transferring or publishing access;
• using the account by more than one person contrary to the rules of the service;
• simultaneous login on multiple devices in a manner indicating sharing of access;
• using VPNs, proxies, intermediary servers or IP-changing mechanisms in a manner that makes user identification difficult;
• frequent changes of IP address, location or devices indicating use by multiple entities;
• attempts to interfere with account data, including changing the password, e-mail address or security settings.

The Buyer acknowledges that external systems may use security mechanisms based on IP-address analysis, location, number of devices and the way an account is used. Breaching the above rules may lead to automatic limitation, suspension or permanent blocking of access by the service provider.

If the rules of use are breached, any resulting access problems may be treated as circumstances attributable to the Buyer.

In such a situation, the Seller may, at its discretion and subject to mandatory law, suspend or restrict access, refuse to provide further access credentials, end provision under the relevant access, or regard a complaint as unfounded.

The Buyer must cooperate in verification of a report, in particular by providing information about how the service was used. A failure to cooperate or a refusal to provide necessary information may constitute grounds for refusing the complaint to the extent permitted by law.

The service is based on access to external systems whose operation, availability and security remain outside the Seller's control. Restrictions resulting from a provider's policies, including blocks triggered by detected sharing, do not in themselves mean that the Seller performed the service incorrectly where access was supplied as described.

Operation of services and limitations

The Buyer acknowledges that digital services may be changed, restricted or temporarily interrupted for reasons outside the Seller's control. Such events may include temporary service interruptions, functional limitations, interface/language/content changes, blocks resulting from provider policies, restrictions based on IP address or location, and disruptions resulting from other users' use of shared accounts.

These circumstances do not constitute non-conformity of the Product with the agreement where access was supplied in accordance with its description, subject always to mandatory consumer law.

Complaints regarding access

If access problems occur, the Buyer should report them promptly. The Seller first attempts to restore service functionality, including by verifying the report, providing replacement access credentials, making alternative access available or contacting the external provider.

The Buyer must cooperate with the complaint process and provide information necessary to verify the problem. Until verification is complete, the Buyer should refrain from actions that could prevent proper investigation of the report.

Refunds and liability relating to digital services

A refund may be granted in the event of permanent and complete inability to provide the service after the available means of restoring it have been exhausted, subject to mandatory law.

If the Buyer obtained access and used the service, a claim may concern a proportional price reduction where applicable under law.

Temporary interruptions, functional limitations or changes resulting from third-party operation do not in themselves constitute grounds for a refund. The Seller is not responsible for service unavailability resulting from acts or omissions of third parties to the extent permitted by law.

To the extent permitted by law, the Seller's liability to the Buyer is limited to the value of the purchased Product.

Right of withdrawal for digital products

For digital products not supplied on a tangible medium, the Order is performed immediately after payment. Before placing the Order, the Buyer may be required to expressly agree to performance beginning before the expiry of the 14-day withdrawal period and to acknowledge the resulting loss of the right of withdrawal where the law so provides.

Once access credentials have been provided and the legal conditions for loss of the right of withdrawal are satisfied, the Product is treated as performed and the Buyer loses the right of withdrawal in accordance with the applicable provisions.

By purchasing, the Buyer confirms that the nature and limitations of the Product and the risks inherent in services dependent on external or shared infrastructure have been explained.

§ 8 RIGHT OF WITHDRAWAL

Subject to the exceptions stated below, a Customer who is a Consumer and has concluded a distance contract may withdraw from it without giving a reason by submitting an appropriate statement within 14 days.

Upon withdrawal, the Sales Agreement is treated as not concluded. The Consumer must return the Product to the Seller or a person authorised by the Seller without undue delay and no later than 14 days from the date of withdrawal, unless the Seller has offered to collect the Product. Dispatch before the deadline is sufficient to meet the deadline.

Products should be returned to: Centrum OBD, Sikorskiego 87C, 27-400 Ostrowiec Świętokrzyski, Poland.

The Consumer is responsible for any reduction in the value of a Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless applicable law provides otherwise. To establish those characteristics, the Consumer should handle and inspect Products only in the way that would be possible in a physical shop.

Goods supplied together with an activation key, licence or account access credentials are subject to the statutory rules applicable to digital content/services. The source terms state that such goods are not returnable after activation or, in the case of access credentials, after they have been sent where the applicable legal conditions for loss of the withdrawal right have been met. An unused activation key or licence may be returned subject to the applicable withdrawal rules.

Subject to the applicable statutory exceptions, the Seller refunds the Product value together with the cost of the cheapest ordinary delivery option offered by the Store. The refund is made without undue delay and no later than 14 days after receipt of the Consumer's withdrawal statement, subject to the Seller's statutory right to withhold reimbursement until the returned goods or proof of dispatch are received.

If the Consumer selected a delivery method more expensive than the cheapest ordinary method offered by the Store, the Seller is not required to refund the additional cost.

Unless the Seller has offered to collect the Product, the Seller may withhold reimbursement until it receives the returned goods or proof that the goods have been sent back, whichever occurs first.

The Consumer bears the direct cost of returning the Product to the Seller unless the law or an express offer by the Seller provides otherwise.

For a contract under which the Seller supplies goods and transfers ownership, the 14-day withdrawal period runs from the date on which the Consumer, or a third party other than the carrier designated by the Consumer, takes possession of the Product.

The right of withdrawal from a distance contract does not apply in the statutory cases, including, among others, goods made to the Consumer's specifications or clearly personalised.

The source terms also state that a party may terminate the Sales Agreement if the other party fails to perform an obligation within a strictly specified time, subject to the mandatory rules governing consumer contracts.

For digital content not supplied on a tangible medium, performance may begin immediately after payment. Before placing an Order, the Customer is required, where applicable, to expressly consent to performance beginning before the expiry of 14 days and acknowledge the loss of the right of withdrawal. Once performance begins and the conditions of Article 38 point 13 of the Polish Consumer Rights Act are met, the Customer loses the right of withdrawal.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider enables Service Users to use the Electronic Service consisting of concluding Product Sales Agreements through the Store.

Electronic Services are provided under the conditions specified in these Terms and Conditions.

The Service Provider may publish advertising content on the Store website. Such content forms an integral part of the Store and the materials presented in it.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES

The Electronic Service referred to in § 9 point 1 is provided free of charge.

An agreement for the Electronic Service enabling an Order to be placed is concluded for a fixed period and terminates when the Order is placed or when the Service User abandons the ordering process.

Technical requirements include a computer or mobile device with Internet access, access to e-mail, a web browser and enabling cookies and JavaScript where required.

The Service User must use the Store lawfully and in accordance with good practice, respecting the personal rights and intellectual-property rights of third parties.

The Service User must provide accurate data and is prohibited from supplying unlawful content.

§ 11 COMPLAINTS RELATING TO ELECTRONIC SERVICES

Complaints relating to Electronic Services may be submitted by e-mail to biuro.diagnostyka@pm.me.

The complaint should contain as much information as possible about the matter, in particular the type and date of the irregularity and contact details. This information will facilitate and speed up consideration of the complaint.

The Service Provider considers the complaint without undue delay and no later than 14 days after it is reported.

The response is sent to the Service User's e-mail address given in the complaint or by another method indicated by the Service User.

§ 12 TERMINATION OF THE AGREEMENT

The Store reserves the right to terminate a Sales Agreement in the following cases, subject to mandatory law:

1. Suspected fraud: where there are grounds to suspect false statements by the Customer, including an Order placed using stolen data.
2. Misleading information: where the Customer provides false information concerning personal data, delivery address or payment method.
3. Product unavailability: where the ordered Product is unavailable. The Customer will be informed promptly and payments already made will be refunded within up to 14 days.
4. Breach of the Terms and Conditions: where the Customer materially breaches these Terms and Conditions.

Termination is made in writing or electronically. The termination statement should state the reason and the legal basis relied upon.

Following termination, the Customer is entitled to reimbursement of payments for Products that have not been delivered or cannot be delivered.

§ 12 RESPONSIBILITY FOR ACCESS TO THIRD-PARTY SERVICE PLATFORMS

The Seller informs Customers that digital Products such as catalogues, wiring diagrams or repair instructions offered by the Store may rely on services provided by external providers (third parties) that are not owned or administered by the Seller.

To the extent permitted by law, the Seller is not responsible for the operation or availability of an external platform, technical interruptions, changes in content, partial or total unavailability, or discontinuation of the service by its owner.

If access is interrupted or discontinued for reasons outside the Seller's control, the source terms provide that the Buyer is not entitled to a refund, compensation or claims against the Seller where the Seller properly performed the Order and supplied access credentials in accordance with the Product description, subject to mandatory consumer rights.

By purchasing, the Buyer acknowledges the risks associated with third-party services and confirms that information has been provided about the Seller's limited control and responsibility in this area.

§ 13 TRIAL PERIOD, SUBSCRIPTION AND CANCELLATION OF DIGITAL CONTENT

1. The service provides the User with paid online access to parts catalogues, diagrams and other technical materials made available in the service.
2. After activation, the User receives a 3-day trial period at a gross price of EUR 0.99.
3. If the User does not cancel the service before 3 days have elapsed from activation of the trial, the service automatically converts into a paid subscription at a gross price of EUR 99 for 12 months or EUR 199 for 24 months, according to the selected variant.
4. The subscription fee is charged in advance for each commenced billing period.
5. The User may cancel the subscription at any time before the end of the trial period or the next billing period using the account panel or another method made available by the Service Provider. Cancellation takes effect at the end of the current billing period and prevents a charge for the following period.
6. Before placing an Order, the User receives clear information about the trial price, subscription price, service duration, automatic-renewal rules, cancellation method, and the right of withdrawal or circumstances in which that right does not apply or expires.
7. Placing an Order requires express confirmation that the User understands that the Order entails an obligation to pay. The purchase button is labelled unambiguously, in particular “Order with obligation to pay” or an equivalent clear message.
8. If the User asks for the service to begin before the withdrawal period expires and the law provides for loss of the withdrawal right or an obligation to pay for services supplied up to withdrawal, the mandatory provisions of law apply.
9. For digital content and digital services, the User also receives information about functionality, technical protection measures and interoperability to the extent required by law.

Payment rules and responsibility for payment processing

10.1. Payments for the trial period and subscription are processed by an external payment operator. The Service Provider is not a payment-services provider and does not store Users' payment-card data, bank-account data or other confidential payment credentials.

10.2. Payment data are processed exclusively by the payment operator under its own terms and privacy policy. The Service Provider does not have access to full payment-card data and cannot independently debit bank accounts or cards outside the authorisation granted by the User to the payment operator.

10.3. The subscription fee may vary depending on the selected offer variant, promotion, trial period, settlement currency, exchange rates, taxes, payment-operator charges or other conditions accepted during checkout. The final payment amount is always presented before purchase or subscription activation.

10.4. The Service Provider is not responsible for differences resulting from currency conversion or fees charged by the User's bank, card issuer or payment operator.

10.5. Questions concerning payment authorisation, card charges, declined payments, currency conversion or other payment-service issues should in the first instance be addressed to the payment operator or the financial institution serving the User.

§ 14 SELLER'S LIABILITY TOWARDS BUSINESS BUYERS

Under Article 558 § 1 of the Polish Civil Code, the Seller's statutory warranty liability for defects in sold goods towards Buyers who are not Consumers and who are not natural persons concluding a contract directly connected with their business activity where the contract does not have a professional character for them is excluded to the widest extent permitted by law.

In particular, the Seller is not liable towards the entities referred to above, to the extent permitted by law, for:

• the Product's suitability for the Buyer's individual needs or business purposes;
• changes in technical parameters, functionality, software, interfaces or device operation introduced by the manufacturer;
• limitation, suspension, termination or changes to technical support, software updates, online functions, servers, vehicle databases or other digital services provided by the manufacturer or third parties;
• changes to the manufacturer's policy concerning the duration, scope, rules or model for providing updates, subscriptions, licences or digital services;
• lack of compatibility with new vehicle models, electronic systems, software versions or solutions introduced after the sale date;
• interruptions in online functions resulting from maintenance, failure of the manufacturer's infrastructure or third-party decisions;
• lost profits, business downtime, loss of data, the need to reconfigure devices or other indirect or consequential losses, to the extent such exclusion is permitted by law.

A Business Buyer acknowledges that Products may contain digital elements, software, modules communicating with manufacturers' servers and functions requiring access to external IT systems. The scope, duration and operation of such functions depend on manufacturers and software providers and may change independently of the Seller.

Information on the duration of software updates, database access, online functions, coding, adaptations and other digital services is informational and based on manufacturer data current when a Product is added to the offer. The Seller does not guarantee that these conditions will remain unchanged in the future.

The exclusion of statutory warranty liability does not apply where the Seller fraudulently concealed a defect.

§ 15 FINAL PROVISIONS

Agreements concluded through the Store are governed by Polish law.

If any provision of these Terms and Conditions is inconsistent with mandatory law, the relevant mandatory provision of Polish law applies in place of the invalid provision.

Disputes arising from Sales Agreements between the Store and Consumers should first be addressed through negotiations with the intention of reaching an amicable settlement, taking account of the Polish rules on out-of-court consumer dispute resolution. If an amicable settlement is not possible, disputes are resolved by the competent common court in accordance with applicable procedural law.

Disputes between the Service Provider and a Service User who is also a Consumer are submitted to the courts competent under the Polish Code of Civil Procedure.

A Consumer may also use out-of-court dispute-resolution methods, including mediation or a consumer arbitration court after the complaint procedure has been completed, and may obtain free assistance from a local consumer ombudsman or an eligible consumer organisation. The Polish source version contains links to information published by UOKiK and archived information about the EU ODR platform.

The Store declares that it operates with respect for copyright and user privacy and aims to offer lawful products and services.

Any files supplied by manufacturers, where present, may be protected by copyright or related rights. The source terms state that users who do not possess lawful original counterparts should delete such files within 24 hours of download and that files made available for promotional purposes may not be used commercially contrary to applicable law.

The Store does not accept responsibility for unlawful use of such files by users. Manufacturers and distributors are expected to offer goods and services in accordance with applicable European Union law. Product-related claims may be directed to the appropriate distributor, whose details may be supplied to competent authorities where required by law.

The Store states that, where a distributor or manufacturer concealed the actual condition of a Product, it will support the Customer in directing appropriate claims to the competent entities, subject to the Seller's mandatory legal responsibilities.

Under Article 156(1)(3) of the Polish Industrial Property Law, emblems or names visible on a device or appearing in a description, photograph or specification may be used for informational purposes to indicate the vehicle brand for which an item is intended. Such use does not by itself state or imply that the offered Product is an original product of that vehicle brand.