Publication date: 2017-07-13
Terms and conditions
- COMPANY INFORMATION
1.1 Below Terms were conveyed and are used by Inter Cars S.A. company, having its registered seat in Warsaw (address: 02-903 Warsaw, ul Powsińska 64), Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Department of the National Court Register under number: 8734, NIP (taxpayer’s identification) number: 1181452946, the national business registry number REGON: 014992887, email: email@example.com and website http://www.intercars.com.pl/.
1.2. The user and any other person may contact the Service Provider using contact details stipulated in point 1.1 above and also using the following contact details:
1.2.1. email address: firstname.lastname@example.org
1.2.2. website: https://mi.eu/pl/pl/s/kontakt,
1.2.3. telephone: +48 801 980 980,
1.2.4. telephone: +48 22 714 11 11.
1.3. The scope, in which these Terms regulate providing services in electronic form, constitute them the terms and conditions, described in article 8 of act of law dated at 18 July 2002 on providing IT services.
1.4. Anybody can obtain and read the contents of these Terms, free of charge.
The following names, starting with capital letters, used in these Terms shall have the following meanings:
2.1. „Hotline” – operational and used by the Service Provider telephone contact centre, including a team of people and technical infrastructure. The User can reach Hotline by dialing the following numbers: +48 801 980 980 or +48 22 714 11 11. The main scope of the Hotline is contact with the User regarding performing the Booking Service (e.g. in order to agree on a date and time of a visit of the User in a Car Repair Shop)
2.2. „Review” – means information (comments) submitted by the User to the IT System, using the features of the Service, in compliance with point 3.10 of the Terms. After being accepted by the Service Provider, the Review is being displayed in the Service, under a Car Repair Shop that it applies to, in the section “Reviews”. In order to be able to submit a Review in the Service, the User is obliged to give one’s full name, email address, make and a model of vehicle.
2.3. „Consumer” – means a consumer by a definition pursuant to article 221 of Act of Law dated 23 April 1964. Civil code (Journal of Laws 2014.121 as amended).
2.4. „Terms”, “Terms and Conditions” – means these Terms prepared and used by the Service Provider.
2.5. „Service” – means a web-based service operating on the basis of an IT System, with the feature of car repair shops search engine, managed and available on-line at a domain address: https://mi.eu/pl/pl/.
2.6. „IT System” – is an information and communication technology-based system of the Service Provider used for provision of Services, including user graphic interfaces of the Service, in particular.
2.7. „Contract” – is an agreement on provision of Services between the Service Provider and User, following the Terms. In case the Contract is concluded by the Service Provider with a User who is a Consumer, the Contract has a form and nature of a remote agreement, as described in the Act on Consumer Rights.
2.8. „Service” – is a service specified in point 3.1 of the Terms, provided by the Service Provider using the IT System.
2.9. „Car Repair Shop Services” – are the services, which in compliance to Service Provider's knowledge are offered by a particular Car Repair Shop and can be performed for the User, and which information regarded to are presented in the Service. Information on Car Repair Shop Services that is presented within the Service is not an offer in accordance to the Civil Code.
2.10. „Service Provider” or „Company” – means the company: Inter Cars S.A. having its registered seat in Warsaw (address: 02-903 Warsaw, ul. Powsińska 64), Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, Commercial Department of the National Court Register under number: 8734, NIP (taxpayer’s identification) number: 1181452946, the national business registry number REGON: 014992887, email: email@example.com and website: http://www.intercars.com.pl/.
2.12. „Consumer Rights Act” – is the act of law dated 30 May 2014 on consumer rights (Journal of Laws 2014.827).
2.13. „User” – means the entity, which according and in line with law regulations has the right to conclude a Contract, an entity which uses the Service in any way, and especially the entity displaying (visiting) the website of the Service. In order to avoid any misunderstandings, it is understood that the “User” means mainly the person who concluded with the Service Provider a Contract on provision of Services.
2.14. „Car Repair Shop” - means a third party, running an automotive repair garage or providing automotive services (e.g. car repairs), which cooperates with the Service Provider on the basis of a separate agreement. A valid list (register) of Car Repair Shops and their addresses is available in the Service at: https://mi.eu/pl/pl/.
2.15. „Car Repair Shop Showcase” – means a collection of data and information about a Car Repair Shop (including the address of the Car Repair Shop, contact details and information on charges for particular Car Repair Shop’s Services, which according to the best of the Service Provider’s knowledge are performed by the Car Repair Shop (i.e. what will be offered to the User by the Car Repair Shop in case the User intends to be epair Shprovided with Car Rop Services), presented within the Service. Car Repair Shop Business Showcase is not an offer, in accordance to the regulations of the Civil Code.
3.General provisions (types and scope of services)
3.1. The Service Provider provides the following Services within the Service:
3.1.1. Web Service – a service which is to deliver, upon an individual request of a User, data and information available at commonly available website of the Service, by displaying a website of the Service at a specified URL address and giving possibility of adding Reviews and using IT mechanism of the Service (Service features). Web Service shall cover, in particular, the following features:
(a) searching and browsing commonly available sub-pages of the Service (i.e. sub-pages of the Service, which do not require registering and logging in),
(b) viewing Car Repair Shop Business Showcases, which are available on commonly available sub-pages of the Service,
(c) providing IT mechanisms of the Service used for ordering Booking Services (electronic forms, etc.),
(d) browsing Reviews published in the Service,
(e) adding Reviews using the features of the Service, in order to display them in the Service according to the rules described in point 3.10 below,
3.1.2. Booking Service – a service which includes taking up real actions by the Service Provider in order to book a visit of the User at a Car Repair Shop (i.e. making a User visit in the premises of the Car Repair Shop), especially in order to make it possible for the User to obtain a chosen Service of a Car Repair Shop.
3.2. Web service is available for anyone, with no need of registering in the Service. Every user can browse commonly available website pages of the Service.
3.3. Booking service is available for anyone, with no need of registering in the Service.
3.4. Web service contract is open-ended and becomes conducted in the moment of posting an URL query returning successful results for the User in their web browser window, out of any of the available pages of the Service, or by clicking by the User on any hyperlink that directs to any of the commonly available pages of Service Website (i.e. visiting the Service). Web service contract is being terminated at the moment the User leaves the Service.
3.5. Service contract for Booking Services can be concluded and terminated in compliance with the rules described in point 7 of these Terms.
3.6. The services are provided for the User with no obligatory charges due for the benefit of Service Provider. The User shall bear the cost of Internet Connection, in line with User’s contract with telecommunication company (internet provider).
3.7. Service contracts for particular Services can only be concluded in Polish language.
3.8. The Service Provider informs of not charging the User with any deposit nor demanding from the User any financial surety.
3.9. The Service Provider informs that the Service has no e-store feature, and the Service Provider does not sell any kind of commodities through the Service. Visible in the panel tab “Visit the Store” is only a hyperlink to an external service. Purchase of goods in such third-party store is performed on the basis of a separate agreement concluded between the entity running that store and its user. The Service Provider shall not be held liable for any information and activities of the above mentioned third party e-store.
3.10. As a part of Web Service, the User can send using the features of the Service (a form which is located in the Car Repair Shop Showcase, in section „Reviews”), a Review about a particular Car Repair Shop. Reviews sent by the User are a subject to verification (moderation) by the Service Provider. After a Review is accepted by Service Provider, it is displayed within the Service, in the Car Repair Shop Business Showcase (in section „Reviews”).
3.10.1. In order to submit a Review to the Service, the User is obliged to:
(a) fill in a Review form, giving one’s personal details, including: full name, email address and make and model of a vehicle,
(b) accept the Terms.
3.10.2 Reviews submitted by a User are being verified (accepted) by the Service Provider. Service Provider informs, that it does not interfere with the Reviews’ content, however it reserves the right to refuse publishing a Review in case its content is against the law in rule, contrary to the established custom or, when it violates the Terms. In particular, the Service Provider can refuse to publish content that:
· Promotes discrimination based on ethnicity, religion (belief) or contains materials related to fascism, pornography or commonly regarded as vulgar or violent;
· Offends religious beliefs or is against the requirements stipulated in point 4.1 of Terms;
· Contains advertising content or other commercial materials;
· Contains links to other websites, in particular, to competitive services;
· Contains personal data, contact data or addresses to other entities;
· Are not related to reviewed Car Repair Shop;
· Is a spam
· Is written in a manner of deliberate contradiction with the rules of Polish grammar and spelling or in an explicitly illegible form.
3.10.3. Service Provider hereby declares that the Review displayed in the Service will have visible for the public: name and make and model of a vehicle, given by the User in Review form.
3.10.4. In case of positive verification (acceptance) of a particular Review by the Service Provider, it becomes published in the Service, in a Workshop’s Showcase (in the section “Reviews”).
In case of negative verification (rejection) of a particular Review, the Service Provider informs about the fact the User by sending an email to the address provided in the Forms.
3.10.5. Service Provider allows the Car Repair Shop to respond to the Review submitted by a User. For that purpose, the Review’s content before its publishing is provided to a Car Repair Shop related to the Review.
3.10.6. Car Repair Shop’s rating is a mean value calculated on the basis of ratings provided by a User in the Review form. The mean takes into account: general impression about the visit in a Repair Shop, quality of service, punctuality, compliance with cost estimation, neatness and esthetics.
3.10.7. Service Provider informs that the Review submitted in the Service will have publicly visible: name and make and a model of a car, provided by the User in a Review form, date of publication and Car Repair Shop’s reply (if applicable).
3.10.8. By sending a Review, the User may give consent to:
(a) receive trade information related to Inter Cars and the companies from the Inter Cars Group to his/hers email address.
(b) processing information about one’s email address for the marketing purposes of Inter Cars and the companies from the Inter Cars Group.
(c) making one’s email address available to other companies from the Inter Cars Group for their marketing purposes.
(d) receive trade information from the companies from the Inter Cars Group to their email address.
3.10.9. Service Provider hereby informs that data sent in Review form, including personal data, as understood by the act on personal data protection dated 13 June 2016 (Journal of Laws of 2016 item 922 as amended) are processed by the Service Provider in order to verify its authenticity.
Those data, except for provided contact details, may be provided to a Car Repair Shop as a personal data recipient, to verify if a Review is in fact related to an actual visit.
- PROHIBITION OF SUBMITTING ILLEGAL CONTENT
4.1. While using the Services, the User cannot deliver illegal contents, especially:
4.1.1. violating the rights of other people, especially property or personal copyrights, trade confidentiality, industrial property rights, as well personal rights of others
4.1.2. supporting or broadcasting radical social attitudes, especially all kinds of discrimination based of gender, age, disability, race, religion, nationality, political or social beliefs, trade union affiliation, ethnic origin, faith or sexuality.
4.1.3. appealing to commission of a crime,
4.1.4. violating law regulations in force.
4.2. The User, who gets information that any of the contents of the Service is not in compliance with the Law in force or the Terms of the Service, can inform about this fact the Service Provider, particularly by sending a message to the email address: firstname.lastname@example.org
4.3. In case of receiving a formal notification or receiving credible information on illegal content of a message, disclosed by the User, Service Provider shall be entitled to disable access to above stipulated contents.
4.4. The User is prohibited to use the Service and Services in a way which may lead to any disturbances in operations of the IT System or any of its elements.
- TECHNICAL CONDITIONS AND RISKS
5.1. Using the Services, including using the Service itself is possible only with having an operating internet connection and with an IT system that meets the following minimal technical requirements:
5.1.1. properly configured web browser, compliant with Microsoft Internet Explorer standard version not lower than 8.0, Firefox version not lower than 26, Chrome version not lower than 27 or Mac OS X Safari version not lower than 8.0.,
5.1.2. the device must have enabled cookies accepting option and active interpreter of Java Script language.
5.2. Resolutions of point 5.1 stipulate technical parameters which are required for proper operation of IT system used by Service Provider.
5.3. The Service Provider informs that in case of not meeting above described minimum technical requirements by the User, using the Services may be impossible, obstructed or the Service may work in an improper way, or not work at all.
5.4. Cookie files shall be installed on User’s computer when using the Services of the platform. It shall only be done after a clear consent of the User, expressed especially by suitable settings in one’s browser.
5.5. More information on cookie files used in the Service can be found at: https://mi.eu/pl/pl/s/polityka-prywatnosci.
5.6. For the purpose of verification of the Contract on providing Services, the data is stored in a database on servers of Service Provider, along with information on accepting the Terms.
5.7. Service Provider uses the following methods and technical means used for errors detection in captured data within the contact form, described in point 7.4 7.4 of the Terms (i.e. concluding Contracts on rendering Booking Services):
5.7.1. verification of the data entered,
5.7.2. auto-completing data mechanism,
5.8. Confirmation, protection and provision of the contents of concluded Contract on performing Services is done by:
5.8.1. presentation of contents of the contract in the Service, at: https://mi.eu/pl/pl/s/regulamin,
5.8.2. verification of reading the Terms by the User,
5.9. Service Provider informs that, using the Services bears the risk and possibility of finding a weakness of cryptographic system and opening protected IT system in order to gain personal details or other information.
- SERVICE CONTRACT WAIVER
6.1. The User, being a Consumer holds the right of Service Contract Waiver on Web services and on Booking Services within 14 days of the contract, without the need of providing a reason. In order for the term to be held, it is enough to send a proper declaration before the deadline.
6.2. The deadline is being set at the moment the Web services Contract or Booking Services Contract is concluded - fourteen days of its conclusion date.
6.3. In order to execute the waiver, the User is obliged to inform Service Provider on one’s decision of contract waiver in the form of clear declaration (e.g. in the form of a declaration send by an email or post).
6.4. Service Provider can make a declaration on contract waiver as regards Web services Contract or Booking Services Contract on the form which template is stipulated in an annex no 2 to the Law on Consumer Rights. Service Provider provides a template of the form of Contract Waiver at: https://www.motointegrator.pl/s/formularz-odstapienia-od-umowy/The User may use the attached model withdrawal form, but it is not obligatory.
6.5. If the User sends a declaration of contract waiver regarding Web services Contract of Booking Services Contract electronically, the Service Provider immediately sends to the User an electronic mail confirming its reception.
6.6. In case of a contract agreement waiver, regarding Web services Contract or Booking Services Contract, such a Contract shall be deemed not concluded.
6.7. The provisions of item 6.1 – 6.6 above are used only for the Users who concluded a Web Services Contract of a Booking Services Contract acting as a Consumer (i.e. for the Users being Consumers).
- BOOKING SERVICE
7.1. Up-to-date list of Car Repair Shops is available at https://mi.eu/pl/pl/
7.2. Receiving Web Services the User is able to browse Car Repair Shop Showcases.
7.3. As a part of Booking Services Contract, the User can make a booking according to the rules described below for the Services of a Car Repair Shop.
7.4. Conclusion of a contract agreement on performing Booking Services between the Service Provider and the User is done in compliance with the following procedures:
7.4.1. When the User wants to use Booking Services to order a Car Repair Shop Service (i.e. book a visit in a Car Repair Shop in order to allow providing Car Repair Shop Services):
(a) The user shall go to Service sub-page containing a button “Book a Visit”, and after clicking on it, the booking procedure starts (i.e. the Contract on Booking Services is done),
(b) The User, within the features of the Service (on other sub-pages:
- chooses a Car Repair Shop Service which one wants to have been performed in a chosen Car Repair Shop, and needs to book a service visit there or informs about a need of diagnosing a problem,
- chooses a Car Repair Shop (particular Car Repair Shop location), where the service is to be performed,
iii. provides one’s contact details, including email address and telephone number,
- Optionally: provides make and model, production date of the vehicle and suggested (convenient for the User) time and date of the visit, when the User would like to come to the Car Repair Shop,
(c) The User may give consent to:
- receive trade information related to Inter Cars and the companies from the Inter Cars Group to the following email address.
- processing information about one’s email address for the marketing purposes of Inter Cars and the companies from the Inter Cars Group.
iii. making one’s email address available to other companies from the Inter Cars Group for their marketing purposes.
- receive trade information from the companies from the Inter Cars Group to the following email address.
(d) The User confirms reading and acknowledging the Terms and gives consent for the contents of the Terms by checking a check box on the Service sub-page. Lack of consent from the User results in no possibility of continuation of Booking Services and concluding a valid Booking Service Contract.
(e) The User sends a contact form by clicking on a correspondent button. By sending a contact form to the Service Provider, the User orders provision of Booking Services in compliance with the Terms. The moment of sending a contact form to the Service Provider triggers conclusion of a Booking Service Contract between the Service Provider and the User.
(f) after providing all required data and performing activities described above, the User is redirected to another sub-page of the Service which contains confirmation of a booking of Car Repair Shop Service in a chosen Car Repair Shop (i.e. Making a visit in a Car Repair Shop in order to perform the Repair Service),
7.5. Each time the subject of the Booking Contract, including the scope of particular activities performed by the Service Provider, in case the User registers a need of booking a Car Repair Shop Service (i.e. will of making a visit in a particular Car Repair Shop in order to be able to receive a particular garage Service) includes actual activities aimed on making a Visit for the User in Car Repair Shop premises, chosen by the User. Particularly, the Service Provider within these activities sends contact and personal data of the User to the Car Repair Shop, data delivered by the User in a Contact Form for Booking Services, including personal details as understood according to the Act on protection of personal data of 13 June 2016 (Journal of Laws of 2016 item 922 as amended.)
7.6. As a part of performing the Booking Service, the Hotline may contact the User, and the User may contact the Hotline in order to pass information or remarks (e.g. confirming a visit time and date, etc.).
7.8. The Service Provider informs that:
7.8.1. It does not guarantee that a chosen Car Repair Shop provides in fact the chosen Services, and the User will have a possibility of being delivered such Car Repair Shop Services on the conditions presented in the Service (including the price of Car Repair Shop Services quoted in the Service),
7.8.2. It does not take up any commitments on behalf of the Car Repair Shop, does not conclude any contracts on behalf of the Car Repair Shop, nor does not guarantee the User that the Car Repair Shop will perform any services for the benefit of the User.
7.9. Service Provider hereby informs that it shall not be held liable for any activities or abandonments of the Car Repair Shop, nor for not providing any services by the Car Repair Shop, included in the order of Car Repair Shop Services nor cessation of a contract between the Car Repair Shop and the User.
7.10. Service Provider does not guarantee that the User will have a possibility of being delivered chosen Car Repair Shop Services on the conditions presented in the Service (including the price of Car Repair Shop Services quoted in the Service),
7.11. Shall the User use the Booking Services, this shall not result in conclusion of any contract between the User and the Car Repair Shop nor the Service Provider, (i.e. Contract on services listed by the User in Contact form).
7.12. Shall the User use the Booking Services (making a visit in a Car Repair Shop), the User shall not be obliged to purchase any services performed by the Car Repair Shop, nor to conclude any contracts with the Car Repair Shop,
7.13. Services of the Car Repair Shop are offered by a particular Car Repair Shop on the basis of a separate agreement between the Car Repair Shop and the User.
- CLAIMS ON PROVISION OF SERVICES
8.1. The User shall be entitled to issue claims on Services performed by the Service Provider.
8.2. The claim can be delivered to the Service Provider in any form, including:
8.2.1. Sent to the email address of the Service Provider, listed in point 1.2.1 of the Terms,
8.2.2. Delivered to the Service provider in a written form, e.g. by sending it by courier or by post to the delivery address of the Service Provider stipulated in the Terms, or delivered in person to the seat of the Service Provider, stipulated in point 1.1 of the Terms.
8.3. The claim should contain at least: full name of the person issuing the claim and description of the reason for claim.
8.4. The Service Provider shall look into the claim within 14 (fourteen) days upon its receiving.
8.5. Without delay after the claim is considered, not later than within the time stipulated in point 8.4 above, the Service Provider shall deliver a reply to the claim to the User. The reply shall be sent to the email address or an address for deliveries provided by the User in the claim. In case the claim does not contain any data allowing to send the User a reply to the claim, it shall be waiting in the seat of the Service Provider to be received personally by the User, at the address stipulated in point 1.1 of the Terms.
- NONJUDICAL WAYS OF SETTLING DISPUTES
9.1. The User who concluded a Contract acting as a Consumer is entitled to undertake non-judicial ways of settling claims and pursuing claims. The Consumer may use mediation or amicable jurisdiction. Service Provider hereby informs, the Consumer can send an application for settling a dispute by amicable consumer court, operating by regional inspector of trade inspection or make an application for starting mediation by the regional inspector of trade inspection. The procedures of amicable settling disputes used by Regional Trade Inspection are available in their registered seats and on websites of Regional Inspectorates of Trade Inspection. More information about possibilities of using non-judicial ways of settling claims can be found on website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
9.2. All the disputes between the User being a consumer and the Service Provider, if they are resulting from using the Service, can be reported by the User to become a subject of dispute resolution using ODR (Online Dispute Resolution) platform, available at http://ec.europa.eu/consumers/odr/ (link to ODR platform can be found on the sub-pages of the Service). Using the ODR platform is the right and not an obligation of the User being a consumer and is performed in compliance with law regulations of the European Parliament and EU Board no. 524/2013 of 21 May 2013 on the Internet System of Consumer Dispute Settlement and amendments to regulation (EC) no 2006/2004 and directive 2009/22/EC (regulation on ODR in consumer disputes).
- LIMITATION OF LIABILITY OF SERVICE PROVIDER TOWARDS AN ENTREPRENEUR
10.1. In case of conclusion of a contract between the Service Provider on provision of services with the User who acts within a contract as an entrepreneur, total and complete liability of the Service Provider regarding particular contract shall be limited to the amount of PLN 5,000 (five thousand PLN), unless certain law regulations do not constitute otherwise.
10.2. Limitation of liability of the Service Provider, stipulated in point 10.1 above does not apply to damages done to the User, regarded as an entrepreneur, on purpose and other cases, when due to implicitly binding law regulations the limitation of liability is not possible for the Service Provider.
10.3. In order to avoid any doubts arising from interpretation, the Service Provider hereby informs that the provisions of point 10.1 – 10.2 above do not apply to Contracts on provision of services concluded between the Service Provider and the User acting as a Consumer.
- FINAL PROVISIONS
11.1. The Terms shall enter into force on 01 August 2016.
11.2. The Service Provider shall have the right to make changes to the Terms in case of occurrence of any important causes listed below:
11.2.1. A need of adjusting the Terms to become in compliance with law in force which applies to Services provided as a part of the Service activities,
11.2.2. A need of adapting business activity of the Service Provider to any recommendations (orders, sentences, guidelines) and decisions of authorized organs of national administration, local administration or law courts,
11.2.3. Development or modification of functionality of the Service, especially introducing new Services or changing the scope of existing ones,
11.2.4. Introducing charges for Services,
11.2.5. Changes of scope or nature of business activity of the Service Provider,
11.2.6. Changes of technical conditions for providing Services, changes of technical requirements for IT system the User should have in order to receive Services,
11.2.7. The need of adapting the Terms to the best practice connected to provision of Services, including best practices regarding protection of rights of the Users,
11.2.8. The need of correcting obvious writing errors, which might appear in the Terms,
11.2.9. Emergence of new risks and threats connected with using the Services, changes of such risks or threats or disappearance (elimination) of risks and threats connected with using the Services,
11.2.10. Changes of electronic addresses, including hyperlinks included in the Terms,
11.2.11. Changes of described in the Terms methods and technical means used for errors detection in captured data within the contact form, described in point 7.47.4 of the Terms (i.e. concluding Contracts on rendering Booking Services),
11.2.12. Changes of methods and technical ways of confirmation, protection and provision of the contents of concluded Contract on performing particular Services,
11.2.13. Changes of Service Provider data stipulated in the Terms, including the name, telephone numbers, email addresses.
11.3. The Service Provider shall inform about the changes in the Terms on its Website.