Online Store Terms and Conditions

§ 1 Preliminary Provisions

1. The Diagcar.eu online store, accessible at Diagcar.eu, is operated by Daniel Roszczyk and Grzegorz Wytrykus, who conduct business under the name Astel S.C. registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, Tax Identification Number (NIP) 9522134081, Statistical Identification Number (REGON) 360507668

2. These Terms and Conditions apply to both Consumers and Business Customers using the Store and set forth the rules for using the Online Store, as well as the rules and procedures for entering into distance sales contracts with Customers through the Store.

§ 2 Definitions

1. Consumer – a natural person who enters into a contract with the Seller through the Store, the subject matter of which is not directly related to their business or professional activities.

2. Seller – a natural person conducting business activity under the name Astel S.C., registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, Tax Identification Number (NIP) 9522134081, Statistical Identification Number (REGON) 360507668

3. Customer – any entity making purchases through the Store.

4. Business Entity – a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity under a separate law, which conducts business activities in its own name and uses the Store.

5. Store – the online store operated by the Seller at the website address Diagcar.eu

6. Distance contract – a contract concluded with the Customer through an organized system for concluding distance contracts (via the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.

7. Terms and Conditions – these Terms and Conditions of the Store.

8. Order – a declaration of intent by the Customer submitted via the Order Form and intended directly to conclude a Sales Agreement for a Product or Products with the Seller.

9. Account – means a personal dashboard for each Customer, set up by the Seller on the Customer’s behalf after the Customer has completed the Registration process and entered into the Customer Account Management Service Agreement.

10. Login – means the Customer’s unique identifier, chosen by the Customer, consisting of a sequence of letters, numbers, or other characters, which is required, along with the Password, to create a Customer Account in the Online Store. The Login is the Customer’s valid email address.

11. Registration Form – a form available in the Store that allows you to create an Account.

12. Order Form – an interactive form available in the Store that allows you to place an Order, specifically by adding Products to the Cart and specifying the terms of the Sales Agreement, including the delivery and payment methods.

13. Shopping Cart – a feature of the Store’s software where the Products selected by the Customer for purchase are displayed, and where the Customer can review and modify the Order details, particularly the quantity of products.

14. Product – a tangible item, service, or License available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.

15. Digital content—means data created and delivered in digital form.

16. Sales Agreement – a contract for the sale of a Product entered into or concluded between the Customer and the Seller through the Online Store. Depending on the nature of the Product, the term “Sales Agreement” may also refer to a service contract or a contract for specific work.

17. Software License (hereinafter referred to as the “License”) – an agreement for the use of a computer application, entered into between the Seller, who holds the economic copyright to the work, and the Customer, who intends to use the application.

18. Activation – granting temporary or permanent access to the program’s features on the Customer’s device

19. Service – the performance of a specific task at the request of the client

§ 3 Contacting the Store

1. Seller’s address: 246 Trakt Lubelski St., 04-667 Warsaw

2. Seller’s email address: shop@diagcar.eu

3. Seller's phone number: +48 509 399 633; +48 790 312 590

4. Seller’s bank account number: PL13 1090 1841 0000 0001 2985 8876

5. The Customer may contact the Seller using the addresses and phone numbers provided in this section.

6. Customers can contact the Seller by phone Monday through Friday from 10 a.m. to 6 p.m.

§ 4 Technical Requirements

To use the Store, including browsing the Store’s product selection and placing orders for Products, you must:

a. A web browser (at least Internet Explorer 11, Chrome 39, Firefox 34, Opera 26, or Safari 5, or a newer version) with JavaScript enabled, that accepts cookies, and an internet connection with a bandwidth of at least 256 kbps,

b. a valid email address,

c. Cookies enabled

§ 5 General Information

1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions by third parties, or incompatibility between the Online Store and the Customer’s technical infrastructure.

2. You do not need to create an Account to browse the Store’s product selection. Customers may place orders for Products available in the Store’s selection only after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions.

3. Prices listed in the Store are shown in euros (€) or Polish zlotys (PLN), depending on the currency selected by the Customer, and are net prices.

4. The final amount payable by the Customer consists of the price of the Product and the delivery cost* (including fees for transportation, delivery, and transport services), which is disclosed to the Customer on the Store’s website during the Order placement process, including at the time the Customer agrees to be bound by the Sales Agreement. Additionally, depending on the Customer’s country of origin, the VAT rules described at http://diagcar.eu/pl/content/7-reguly-vat apply.

*If you choose to pay via PayPal, a 5.5% fee will be added to the order total

5. In the case of an Agreement covering a License or the provision of services for an indefinite period, the final price is the total price covering all payments for the billing period.

6. If, based on a reasonable assessment, the nature of the subject matter of the Agreement does not allow for the final price to be calculated in advance, information regarding how the price will be calculated, as well as information regarding fees for shipping, delivery, transportation services, and other costs, will be provided in the Store in the Product description.

§ 6 Creating an Account in the Store

1. To create an account in the Store, you must complete the registration form. You must provide the following information: first and last name, email address, and password, and accept the “Notice on the Processing of Personal Data.”

2. Creating an account in the Store is free.

3. During registration, the Customer voluntarily consents to the processing of their personal data for marketing purposes by checking the appropriate http://box/diagcar.eu/en/ on the registration form. In such a case, the Seller clearly informs the Customer of the purpose of collecting their personal data, as well as of the recipients of such data who are known to the Seller or are anticipated.

4. To log in to your Account, enter the username and password you provided on the registration form.

5. The Customer may, at any time, without giving a reason and without incurring any fees, delete their Account by sending a request to the Seller, specifically via email or in writing to the addresses provided in § 3.

6. In their account settings, customers can enable notifications from the store via the "WhatsApp" app

§ 7 Newsletter Service

1. Any Customer may subscribe to the Newsletter by entering their email address using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer immediately receives a confirmation from the Seller via email to the email address provided in the registration form. At that moment, a contract for the electronic provision of the Newsletter service is concluded. The Customer may additionally check the appropriate http://box/diagcar.eu/en/ in the “My Account” tab under “Information” in their store account to subscribe to the Newsletter service.

2. The Newsletter service consists of the Seller sending electronic messages to an email address containing information about new products or services offered by the Seller. The Seller sends the Newsletter to all Customers who have subscribed.

3. Each newsletter sent to specific customers includes, in particular: information about the sender, a completed “subject” field describing the content of the message, and information about how to unsubscribe from the free newsletter service.

4. The Customer may opt out of receiving the Newsletter at any time by unsubscribing via the link included in every email sent as part of the Newsletter service or by checking the appropriate http://box/diagcar.eu/en/ in the Customer Account.

§ 8 Rules for Placing an Order

To place an order, please:

1. Select the Product you wish to purchase, then click the "Add to Cart" button

2. Log in

3. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified time frame, subject to § 9(3).

4. Customers may place orders in the Online Store via the Store’s website or by email 24 hours a day, 7 days a week.

§ 9 Available Shipping and Payment Methods

1. The customer may choose from the following delivery or pickup options for the ordered Product:

a. DHL or FedEx courier service

2. The customer may use the following payment methods:

a. Electronic payments.

b. Payment by credit card.

3. Detailed information about delivery methods and accepted payment methods can be found on the Store’s website.

§ 10 Performance of the Sales Agreement

1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 8 of the Terms and Conditions.

2. Once an Order is placed, the Seller accepts the Order for processing. Confirmation of receipt of the Order is provided by the Seller sending the Customer an email to the email address provided during the Order placement process, which includes at least the Seller’s statement confirming receipt of the Order and confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, a Sales Agreement is concluded between the Customer and the Seller.

a. The delivery period for the Product to the Customer begins on the date the Seller’s payment is credited, if the Customer chooses to pay by electronic transfer or credit card.

3. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including fees for transportation, delivery, and transport services) are disclosed to the Customer on the Online Store’s website under the “Delivery Costs” tab and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

4. Orders have the following statuses: a. Payment accepted – payment has been made and the order is awaiting fulfillment.

b. Subscription period extended – your subscription has been renewed c. Ready for download "MY ORDER FILES" – the files are ready to be downloaded from the email address provided in your order or from your customer account in the store under the "My Downloads" tab

d. Shipped—order fulfilled

e. Payment error – the payment was not processed due to an error on the part of the bank, the customer, or the store.

f. Canceled – the order has been canceled and will not be fulfilled

g. Refund – The payment for the order has been refunded

h. Waiting for information – email – a request has been sent to the customer; we are waiting for a response.

i. Waiting for a bank transfer – waiting for the payment to be posted.

j. In progress – the order is currently being processed

§ 11 Right to cancel the contract

1. The consumer may cancel the Sales Agreement within 14 days without giving any reason.

2. The period specified in paragraph 1 begins upon delivery of the Product.

3. The Consumer may withdraw from the Agreement by submitting a Notice of Withdrawal to the Seller. To meet the deadline for withdrawal, it is sufficient for the Consumer to send the notice before the deadline expires.

4. The statement may be sent by regular mail or electronically by emailing it to the address provided in § 3.

5. If the Consumer submits the notice electronically, the Seller will immediately send the Consumer a confirmation of receipt of the notice of withdrawal from the Contract to the email address provided by the Consumer.

6. Consequences of withdrawing from the Agreement:

a. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

b. In the event of withdrawal from the Contract, the Seller shall immediately, and no later than 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Contract, all payments made by the Consumer, including delivery costs, except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

c. The Seller will issue the refund using the same payment method the Consumer used for the original transaction, unless the Consumer has expressly agreed to an alternative method that does not incur any costs for them.

d. The Seller may withhold the refund until the Product is returned or until the Seller receives proof of its return, whichever occurs first.

e. The Consumer should return the Product to the Seller’s address specified in these Terms and Conditions without delay, no later than 14 days from the date on which the Consumer notified the Seller of the withdrawal from the Contract. The deadline will be met if the Consumer returns the Product before the 14-day period expires.

f. The consumer is responsible for the direct costs of returning the Product

10. The Consumer does not have the right to withdraw from a distance contract with respect to the Agreement:

a. for the provision of Services, if the Seller has fully performed the Service with the Consumer’s express consent, and the Consumer was informed prior to the commencement of the Service that, once the Seller has fulfilled the Service, the Consumer will lose the right to withdraw from the Contract,

b. for the supply of digital content not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the expiration of the withdrawal period and after the Seller informed the Consumer that the right to withdraw from the contract would be lost,

§ 12 Complaints and Warranty

1. This Sales Agreement applies to new Products.

2. If goods purchased from the Seller are defective, the Customer has the right to file a complaint in accordance with the warranty provisions of the Civil Code. If the Customer is a business entity, the parties hereby exclude liability under the warranty.

Complaints must be submitted in writing or electronically to the address specified in § 3 of these Terms and Conditions

the Seller's addresses.

3. It is recommended that the complaint include m.in. a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer filing the complaint, a copy of the proof of purchase, and the Customer’s request regarding the defective product.

4. The Seller shall respond to a complaint within a reasonable time, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller fails to respond to the complaint within 14 days, the Customer’s complaint shall be deemed justified

5. Goods returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

6. If a warranty has been provided for the Product, information about it, as well as its terms, will be included in the Product description in the Store.

7. When purchasing a new product, the proof of purchase serves as the warranty.

8. The warranty for services performed and product repairs requested by the Customer is determined separately and is valid for 6–12 months.

9. Products damaged due to the customer’s fault will be repaired or replaced for a fee, following prior agreement on the costs and the customer’s approval.

§ 13 Out-of-court complaint resolution and claim settlement

1. Detailed information regarding the Consumer’s ability to use out-of-court complaint resolution and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;

2. The consumer has the following options for using out-of-court complaint resolution and redress procedures:

a. The consumer is entitled to bring a matter before the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on the Trade Inspection (Dz.U. (Journal of Laws of 2014, item 148, as amended), requesting a resolution of the dispute arising from the Agreement concluded with the Seller.

b. The consumer is entitled to file a complaint with the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on the Trade Inspection (Dz.U. (Journal of Laws of 2014, Item 148, as amended), requesting the initiation of mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller.

c. The consumer may obtain free assistance in resolving a dispute between the consumer and the Seller, including by seeking free assistance from the county (municipal) consumer ombudsman or a civic organization whose statutory mission includes consumer protection (m.in. (Consumer Federation, Association of Polish Consumers).

§ 14 Returns or order cancellations and the time the customer has to cancel an order.

1. Every customer is entitled to return purchased merchandise within 14 days of receiving the shipment.

2. The buyer is responsible for the cost of returning the purchased goods.

3. Returned merchandise must be in pristine condition and in full working order.

4. The seller is required to refund the amount due for the order within 7 days of receiving the shipment.

5. If you cancel your order before it is shipped, you will receive a refund on the next business day.

§ 15 Personal Data in the Online Store

1. The Seller is the controller of the Customers’ personal data collected through the Online Store.

2. The personal data of Customers collected by the controller through the Online Store is collected for the purpose of performing the Sales Agreement, and, if the Customer consents, also for marketing purposes.

3. The recipients of the Online Store’s customers’ personal data may include:

a. In the case of a Customer who selects courier delivery as the shipping method in the Online Store, the Administrator shares the Customer’s collected personal data with the selected carrier or intermediary handling shipments on behalf of the Administrator.

b. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator discloses the Customer’s collected personal data to the selected entity processing such payments in the Online Store.

4. The customer has the right to access and correct their personal data.

5. Providing personal information is voluntary; however, failure to provide the personal information specified in the Terms and Conditions that is necessary to enter into the Sales Agreement will result in the inability to enter into said agreement.

§ 16 Final Provisions

1. Contracts concluded through the Online Store are concluded in Polish or English.

2. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.

3. The customer has the right to use out-of-court complaint resolution and redress mechanisms. To do so, the customer may file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.