Terms and conditions

Terms and Conditions

1. Definitions

Terms used in this Regulation mean:

1.1. PASSWORD - an alphanumeric sequence necessary for authorization when accessing the Account, set independently by the Client during the Registration process.

1.2. CLIENT - a natural person with full legal capacity, and in cases provided for by universally binding regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality to which the law grants legal capacity and which intends to conclude or has concluded a Sales Agreement or an agreement on the provision of an Electronic Service.

1.3. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).

1.4. CONSUMER - a natural person for whom the conclusion of a Sales Agreement or an agreement on the provision of an Electronic Service is not directly related to their business or professional activity.

1.5. ACCOUNT (CLIENT ACCOUNT) - a subsection of the Store where information about the Client's Orders in the online Store is collected, among other things.

1.6. PRODUCT - a movable item available in the online Store that is the subject of a Sales Agreement between the Client and the Seller.

1.7. REGULATION - this regulation of the online Store.

1.8. REGISTRATION - a one-time activity consisting of creating an Account by the Client, carried out using the registration form provided by the Service Provider on the Store's website.

1.9. ONLINE STORE (STORE) - the Service Provider's online store available at www.mihel.pl through which the Client can conclude a Sales Agreement or an agreement on the provision of an Electronic Service.

1.10. SELLER - PKB Sp. z o.o. Sp.K. conducting business activity under the name PKB Sp. z o.o. Sp.K. (address of conducting business: Solec 18, loc. B21, 00-410 Warsaw) entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for the economy, Tax Identification Number (NIP): 5213716854, National Business Registry Number (REGON): 363320717, email address: sklep@pkb.group, phone number: +48 603 767 018 (standard connection fee - according to the tariff of the relevant operator).

1.11. PARTY - the Service Provider, Seller, or Client.

1.12. SALES AGREEMENT (AGREEMENT) - a sales agreement for the Product within the meaning of the Civil Code concluded through the online Store.

1.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider through the online Store.

1.14. SERVICE PROVIDER - PKB Sp. z o.o. Sp.K. conducting business activity under the name PKB Sp. z o.o. Sp.K. (address of conducting business: Solec 18, loc. B21, 00-410 Warsaw) entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for the economy, Tax Identification Number (NIP): 5213716854, National Business Registry Number (REGON): 363320717, email address: sklep@pkb.group, phone number: +48 603 767 018 (standard connection fee - according to the tariff of the relevant operator).

1.15. ORDER - the Customer's statement aimed directly at concluding a Sales Agreement for a Product and specifying its essential terms.

2. General Provisions

2.1. General Provisions of this Regulation do not aim to exclude or limit any rights of the Customer who is also a Consumer, granted to them under absolutely binding provisions of the law. In case of any inconsistency between the provisions of this Regulation and the aforementioned provisions, the priority shall be given to the latter. 2.2. The Regulation defines the rules for Customers' use of the Online Store. 2.3. This Regulation is the regulation referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), and it also regulates the conditions for concluding Sales Agreements in the Online Store. 2.4. The Online Store is operated by: Company Name: PKB Sp. z o.o. Sp.K.

Residence address / business address / headquarters:

ul. Solec 18 lok. B21 00-410 Warsaw Mazowieckie Province

The authority that registered the entrepreneur's economic activity, as well as the number under which the entrepreneur was registered:

Registered in the National Court Register under number 0000598100

Tax Identification Number (NIP): 5213719887

National Business Registry Number (REGON): 363567197

Email address: sklep@pkb.group

Website address: www.mihel.pl

Phone number: +48 603 767 018 (standard connection fee - according to the tariff of the relevant operator)

2.5. The Service Provider provides the following Electronic Services through the Online Store: 2.5.1. Customer Account in the Online Store;

2.5.2. Interactive form enabling Customers to place Orders in the Online Store;

2.5.3. Newsletter.

2.6. The minimum technical requirements necessary to cooperate with the IT system used by the Service Provider are: 2.6.1. Computer with Internet access;

2.6.2. Access to email;

2.6.3. Recommended monitor resolution: 1024×768 pixels;

2.6.4. Web browser: Internet Explorer version 7.0 or newer with JavaScript and cookies enabled; Mozilla Firefox version 3.0 or newer with JavaScript and cookies enabled; or Google Chrome version 8 or newer.

2.7. The Customer is prohibited from providing unlawful content. 2.8. The Customer is obliged to provide data that is in accordance with the factual state. 2.9. The Customer is obliged to use the Online Store in a manner consistent with the law and good manners, respecting personal rights as well as intellectual property rights of third parties. 2.10. It is prohibited to use Electronic Services in a way that unlawfully disrupts the functioning of the Online Store by using specific software or devices and by sending or placing unsolicited commercial information in the Online Store. 2.11. To ensure the security of communication, the Service Provider implements technical and organizational measures appropriate to the level of security risk of the provided Electronic Service.

3. Provision of Electronic Services

3.1. Within the Store, the Service Provider undertakes to provide Electronic Services within the scope and under the conditions specified in this Regulation. 3.2. Provision of Electronic Services by the Service Provider is free of charge. 3.3. Conditions for concluding agreements for the provision of Electronic Services: 3.3.1. An agreement for the provision of an Electronic Service involving the maintenance of a Customer Account in the Online Store is concluded at the moment of Registration.

3.3.1.1. To complete the Registration, the Customer is required to provide the following data in the registration form: email address, password.

3.3.2. An agreement for the provision of an Electronic Service involving the provision of an interactive form enabling the placement of an Order in the Online Store is concluded at the moment of commencing the use of the aforementioned service (adding a Product to the cart).

3.4. The agreement for the provision of an Electronic Service involving the maintenance of a Customer Account in the Online Store is concluded for an indefinite period. 3.5. The agreement for the provision of an Electronic Service involving the provision of an interactive form enabling the placement of an Order in the Online Store is concluded for a definite period and is terminated upon placing the Order. 3.6. Conditions for terminating agreements for the provision of Electronic Services: 3.6.1. The Customer can terminate an agreement for the provision of an Electronic Service concluded for an indefinite period at any time and without stating reasons, observing a 7-day notice period.

3.6.2. The Service Provider can terminate an agreement for the provision of an Electronic Service concluded for an indefinite period in the event where the Customer objectively and conspicuously or persistently violates the Regulations, especially by providing content of an unlawful nature. The breach of the regulations must be objective and unlawful. Termination can be issued after at least one unsuccessful request to cease or remove the violations, with a specified appropriate deadline. In such a case, termination of the agreement occurs while observing a 14-day notice period.

3.6.3. Termination of an agreement for the provision of an Electronic Service concluded for an indefinite period by either Party does not affect the rights or services acquired by the Parties during the term of the agreement.

3.6.4. Regardless of the above provisions, the Parties may terminate an agreement for the provision of an Electronic Service at any time by mutual agreement.

4. Conditions for concluding a sales agreement

4.1. Announcements, advertisements, price lists, and other information about Products presented on the internet pages of the Online Store, especially their descriptions, technical and utility parameters, and prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code. 4.2. The price of the Product displayed on the Online Store's website is in Polish zloty and includes all components, including VAT and customs duties. However, Product prices do not include delivery costs, which – if applicable – are indicated during the Order placement and are available on the Online Store's website under the "Delivery" tab. 4.3. The price of the Product displayed on the Online Store's website is binding at the moment the Customer places the Order. This price will not change regardless of any price changes in the Online Store that may occur concerning specific Products after the Customer places the Order. 4.4. To conclude a sales agreement for a Product using an interactive form, the Customer needs to visit the Online Store's website, select the Product, and place the Order based on the displayed prompts and information using the interactive form. 4.4.1. When placing the Order, the following necessary data must be provided: name and surname, address (street, house number, city with postal code), contact phone number, Product, quantity of Product, place and method of Product delivery, payment method.

4.4.2. Data collected during account registration in the online store are used by the Online Store solely to enable the Customer to log in to the online store account. Data collected during the purchase transaction will be used to fulfill the concluded agreement between the Customer and the Online Store, including but not limited to properly documenting the concluded agreement, payment of the agreed price by the Customer and documenting this fact, as well as sending the goods to the Customer or providing the service. Customer data may be transferred to a payment transaction service provider solely for the purpose of charging the Customer's credit card. If the Customer consents to receiving commercial information or a newsletter, the data provided by the Customer will be used to inform about new products, services, and promotions offered by the Online Store as part of store operations. Automatically collected data may be used to analyze user behavior on our online store website, collect demographic data about our users, or personalize the content of our websites. This data is collected automatically about each Customer.

Simultaneously, in cases specified in the provisions of the Act of August 29, 1997, on personal data protection, the Online Store may transfer data to entities authorized to request their transfer.

4.4.3. In the case of purchasing goods or services, the Online Store may contact the Customer via email or phone regarding the purchase transaction. If the Customer consents to receiving commercial information or a newsletter, the data provided by the Customer will be used to inform about new products, services, and promotions offered by the Online Store.

4.4.4. Every customer has the right to access their data and correct it – on the www.mihel.pl website under the "My account" tab after prior registration and logging into the store. The personal data entrusted to us are stored and secured in accordance with the principles defined in the applicable law.

4.5. Placing an Order using the interactive form occurs at the moment the Customer clicks the "ORDER" field in the form. 4.6. After placing the Order, the Seller immediately (1) confirms its receipt, which binds the Customer by their statement, and (2) accepts the Order for execution – at this moment, the sales agreement is concluded. Confirmation of the Order receipt and its acceptance for execution are done by sending the Customer a relevant message to the email address provided during Order placement. 4.7. While placing an Order using the interactive form – until the Order is placed – the Customer has the option to modify the entered data. To do this, the Customer should follow the prompts displayed and the information available on the Online Store's website.

5. Delivery

5.1. In the event of concluding a sales agreement, the Product will be delivered no later than within 14 calendar days from the date the sales agreement was concluded. 5.2. The Seller will deliver the Products according to the Customer's choice: 5.2.1. via mail or carrier specified during the Order placement.

5.3. Product delivery is available within the territory of the Republic of Poland. 5.4. Delivery costs will be clearly indicated during the Order placement process and are available on the Online Store's website under the "Delivery" tab. 5.5. In accordance with Article 545 § 2 of the Civil Code, when the Product is sent to the Customer through a carrier, the Customer is obliged to inspect the shipment in the manner commonly used for this type of shipment. If they find that there has been a loss or damage to the Product during transportation, they are obligated to take all necessary actions to establish the carrier's liability. 5.6. All goods sold in the online store are available. In exceptional situations, such as simultaneous ordering of the same item by multiple Customers, it may happen that the item is unavailable. In such a case, the Customer will be notified of the inability to fulfill the order and will decide on how to proceed (partial fulfillment, extended waiting time, cancellation of the entire order). 5.7. In the event of a lack of a specific product in stock or the impossibility of fulfilling the order for another reason, the Customer will be informed via email about the issues with order fulfillment and possible solutions (e.g., partial fulfillment, full fulfillment but with an extended waiting time, cancellation of the entire order without negative consequences for the Customer). If the Customer does not wish for partial fulfillment, the order will be withdrawn without negative consequences, and if payment has been made, the amount paid will be refunded.

6. The Seller provides the following payment methods:

6.1.1. Cash on delivery;

6.1.2. Bank transfer (the Seller's bank account details are provided on the Store's website and in the email sent to the Customer after placing the Order). Orders are dispatched on the day when the payment is credited to our bank account (payments are usually credited on the next working day after the transfer is made).

6.1.3. Electronic payments, credit card (a list of available payment methods is available in the "Payment Methods" section. Orders placed by 12:00 PM are dispatched on the same day (excluding non-working days). Orders placed after 12:00 PM are dispatched the next day (excluding non-working days).

6.1.4. The payment service provider for online payments is Przelewy24.

6.3. In the case of a payment method other than cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment for the sales agreement within 7 days from the date of its conclusion, unless the sales agreement states otherwise.

6.4. In the case of Customers who are not also Consumers, the Seller reserves the right to limit the available payment methods, including requiring full or partial prepayment.

7. Right of Withdrawal from the Agreement

7.1. A Customer who is also a Consumer, having concluded a Sales Agreement or an agreement for the provision of an Electronic Service, may withdraw from it without giving a reason by submitting a relevant statement in writing, by email, or by phone within fourteen days. To meet this deadline, it is sufficient to send the declaration before its expiration. The aforementioned right can be exercised by the Consumer by sending a withdrawal statement to the address: ul. Solec 18 lok. B21, 00-410 Warszawa.

7.2. The fourteen-day period in which the Consumer may withdraw from the Sales Agreement or an agreement for the provision of an Electronic Service shall commence from the date of Product delivery in the case of a Sales Agreement, or from the date of concluding the agreement if it concerns the provision of an Electronic Service.

7.3. If the agreement is withdrawn from, the Sales Agreement or an agreement for the provision of an Electronic Service shall be considered as not concluded, and the Customer is released from any obligations. What the Parties provided is subject to return unchanged, unless change was necessary within the scope of ordinary management. The return should take place promptly, no later than within fourteen days.

7.4. The Seller will refund to the Consumer's indicated bank account number or in another manner specified by the Consumer.

7.4.1. In case of the need for a refund for a transaction made by the customer via a payment card, the Seller will make the refund to the bank account assigned to the Consumer's payment card.

7.5. The right of withdrawal from a distance contract is not applicable to the Consumer in cases: (1) the provision of services commenced, with the consumer's consent, before the expiry of the period referred to in points 7.1 and 7.2 above; (2) concerning audio or visual recordings or computer software delivered in a sealed package which the Consumer has opened; (3) contracts for services for which the price or remuneration depends solely on financial market movements; (4) services performed at the Consumer's request before the withdrawal period ends; (5) goods liable to deteriorate rapidly or with a short shelf life; (6) the supply of newspapers, periodicals, or magazines; (7) services related to gambling.

8. Complaint Procedure

8.1. Claims due to non-conformity of the Product with the Sales Agreement

8.1.1. The Seller is responsible towards the Customer who is a natural person acquiring the Product for purposes not related to their professional or business activity, due to the non-conformity of the Product with the Sales Agreement to the extent specified by the Act of July 27, 2002, on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended).

8.1.2. Claims due to non-conformity of the Product with the Sales Agreement can be submitted in writing to the address at 18 Solec Street, apt. B21, 00-410 Warsaw – Complaints Department, along with a completed complaint form.

8.1.3. The Seller will address the complaint promptly, no later than within 30 days. The Seller's response regarding the complaint is sent to the address provided by the Customer or in any other manner specified by the Customer.

8.1.4. The Seller informs that in the case of Products covered by a warranty, the rights under this warranty should be exercised in accordance with the conditions stated in the warranty card. The warranty for the sold Product does not exclude, limit, or suspend the Customer's rights due to the Seller's liability for the non-conformity of the Product with the Sales Agreement to the extent specified by the Act of July 27, 2002, on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended).

8.1.5. The examination of the complaint is based on an inspection of the product or a description of damages or destruction of the product itself; in some cases, an expert opinion from an automotive expert may be necessary.

8.1.6. If necessary, the product (product samples) is sent to the manufacturer.

8.1.7. Product samples are particularly necessary in the case of complaints about motor oils; then, a sample of oil from the engine is required, with a minimum capacity of 1 liter.

8.1.8. The advertised goods should include original packaging enabling safe transport.

8.1.9. The use of replacement packaging is permissible; however, it must guarantee adequate protection during transport by a shipping company.

8.1.10. Please attach a photocopy of the purchase invoice or receipt to the advertised product. In the absence of a photocopy of the document proving its purchase in the Online Store, conditional acceptance of such equipment for verification is possible to confirm whether the equipment was purchased at the Online Store and is subject to the warranty procedure.

8.2. Complaints related to the provision of Electronic Services

8.2.1. Complaints related to the provision of Electronic Services can be submitted in writing to the address at 18 Solec Street, apt. B21, 00-410 Warsaw – Complaints Department, along with a completed complaint form.

8.2.2. The Customer has the right to lodge a complaint within 2 months from the day they noticed irregularities in the provision of the Electronic Service.

8.2.3. It is recommended to provide as much information and circumstances regarding the subject of the complaint in the content of the complaint, especially the type and date of occurrence of irregularities, as well as contact details - this will facilitate and expedite the consideration of the complaint by the Service Provider.

8.2.4. The Service Provider will address the complaint promptly, no later than within 14 days.

8.2.5. The Service Provider's response regarding the complaint is sent to the Customer's email address provided in the complaint report or in any other manner specified by the Customer.

9. Discount Card

9.1. The discount card entitles you to make purchases with the specified discount calculated from the gross price. The SELLER reserves the right to withdraw the discount system without stating a reason.

10. Final Provisions

10.1. Contracts concluded through the Online Store are executed in the Polish language. 10.2. Matters not regulated in this Regulation are subject to the provisions of the applicable laws of the Republic of Poland, including the Civil Code, the Act on the Provision of Electronic Services dated July 18, 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product dated March 2, 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific Terms and Conditions of Consumer Sales and Amendments to the Civil Code dated July 27, 2002 (Journal of Laws No. 141, item 1176, as amended), and other relevant provisions of Polish law.

10.2.1. The choice of Polish law does not deprive the consumer of the protection granted to them under the provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of a choice, i.e., the law of the country where the consumer has their habitual residence, and the entrepreneur (1) carries out their economic or professional activity in the country where the consumer has their habitual residence, or (2) directs such activity to that country or to several countries including that country, and the contract falls within the scope of that activity.

10.3. Customers can access the Regulation at any time through a link placed on the main page of the Online Store and can download and print it. The current Regulation of the Online Store is available in the "regulations" tab and is provided to the Customer free of charge (electronically) upon each request.

10.4. The fixation, securing, and provision to the Customer of the content of the concluded Sales Agreement and the agreement on the provision of Electronic Services is done by (1) providing access to the Regulation on the pages indicated in point 10.3 and (2) sending an email to the Customer, and in the case of the Sales Agreement, also by (3) attaching proof of purchase and the order specification to the shipments.

10.5. Disputes arising between the Service Provider, Seller, and a Customer who is simultaneously a Consumer shall be subject to the competent common courts. Disputes arising between the Service Provider, Seller, and a Customer who is not simultaneously a Consumer shall be subject to the court having jurisdiction due to the Service Provider's or Seller's registered office.

10.6. Placing an order is equivalent to accepting this regulation.

10.7. The entity operating the store is not liable for interruptions in the use of the online store due to technical reasons (maintenance, inspection, equipment replacement, etc.) or other reasons beyond its control.

10.8. The Regulation comes into force on the day it is posted in the online store at www.mihel.pl and is valid indefinitely.

10.9. The entity operating the store reserves the right to change this regulation.