Terms and Conditions

General Terms and Conditions of the online store and sales (GTC).

01

General provisions and definitions

These Terms and Conditions set out the rules for concluding and performing contracts for the sale of engines, gearboxes, automotive parts and accessories (hereinafter the "Goods") entered into between the Seller and the Buyer.

Seller: Marcin Piktas, with its registered office in Wałbrzych, Polish Tax Identification No. (NIP): 8862753919, National Business Registry No. (REGON): 381564463, email: :email, tel.: :phone

Consumer (B2C) – a natural person carrying out a legal transaction that is not directly related to their business or professional activity.

Entrepreneur (B2B) – a natural person, legal person or organizational unit making a purchase as part of its business or professional activity.

Entrepreneur with consumer rights – a natural person operating as a sole trader who enters into a contract directly related to their business, where the wording of the contract indicates that it is not of a professional nature for that person.

Any differing or supplementary commercial terms of the Buyer do not form part of the contract unless the Seller expressly agrees to them in writing.

02

Non-binding reservation, methods of concluding the contract and on-site inspection

All inquiries, reservations and submissions made by telephone, email, WhatsApp or through the Kleinanzeigen portal constitute non-binding preliminary negotiations only and do not constitute a binding offer to purchase.

The sales contract is concluded according to the method of service and order fulfilment selected by the Customer:

A

Direct mode (delivery at the Customer's request using the Seller's transport, with on-site inspection)

Arrival on request: The supplier travels to the address indicated by the Customer at the Customer's express, exclusive and prior request in order to present the Goods and allow them to be inspected before any purchase.

Condition of the Goods and duty to inspect: Before concluding the sales contract, the Customer is required to carry out a personal and detailed inspection of the Goods in respect of their visual condition, completeness and any mechanical damage (including cracks, breakages, housing damage, and missing covers or accessories). The Customer purchases the Goods in the exact condition personally examined and accepted at the time of purchase ("what you see is what you buy").

Time at which the contract is concluded: The sales contract is concluded only at the delivery location, after the Customer has personally inspected the Goods, accepted their technical and visual condition, signed the delivery documents/invoice/acceptance report, and made payment.

Exclusion of liability for mechanical damage after acceptance: The Customer's signature of the acceptance documents (invoice, consignment note or acceptance report) without a written reservation identifying visible mechanical damage constitutes binding confirmation that the Goods were delivered free of external defects, cracks and breakages. Pursuant to § 442(1) BGB (and the corresponding provisions of the Polish Civil Code), claims based on apparent defects are excluded if the Customer knew of the defect or failed to notice it during inspection as a result of gross negligence. Pursuant to § 446 BGB, the risk of accidental loss of or damage to the Goods passes to the Customer upon delivery. Any subsequent reports of mechanical damage or missing components are deemed to have arisen after the risk passed (for example during improper transport, handling or workshop installation) and do not constitute grounds for complaint claims. In transactions with entrepreneurs (B2B), § 377 HGB / Article 563 of the Polish Civil Code additionally applies (the duty to inspect the Goods promptly and report defects immediately, failing which claims are lost).

B

Shipping mode (delivery by an external freight forwarder/courier within the EU)

A distance sales contract is concluded when the Seller accepts the order for processing (email confirmation) or when the pallet shipment is dispatched to the Buyer following prior payment/prepayment.

03

Prices and payment terms

Prices are determined individually (in the offer, advertisement or order confirmation) and are quoted as gross or net prices (including the intra-Community supply / reverse-charge procedure for B2B transactions within the European Union involving entities with an active EU VAT number).

Available payment methods: conventional bank transfer (prepayment), cash on delivery (in Mode A), instant electronic payment, and other methods agreed individually.

04

Retention of title

Until full payment has been made – that is, until the Seller accepts the cash or the funds are credited to the Seller's bank account – the Goods remain the Seller's property. This also applies to any arrangement involving the transfer of an old or damaged engine as part of a settlement or exchange.

In the case of payment by bank transfer, presenting transfer confirmation or signing the sales documents entitles the Customer to receive the Goods but does not automatically transfer ownership before the funds are actually credited to the Seller's account.

05

Delivery, transport and transfer of risk

Deliveries in Mode A are made using the Seller's own transport. Deliveries in Mode B are made by specialized pallet shipment/external freight forwarding throughout the European Union.

Transfer of risk for courier shipment (Mode B): In relations with Consumers (B2C), the risk of accidental damage passes to the Buyer when the courier hands over the shipment. In relations with Entrepreneurs (B2B), the risk passes to the Buyer when the shipment is entrusted to the carrier.

The Customer is required to ensure that the pallet shipment can be unloaded efficiently at the stated delivery address.

Failure to accept the shipment and delay in acceptance (Annahmeverzug):

If a pallet shipment handled by an external freight forwarder is not accepted by the Buyer for reasons attributable to the Buyer (in particular: an incorrect or incomplete address, the carrier being unable to contact the Buyer by telephone, or an unjustified refusal to accept the shipment), the Buyer is in default of acceptance (Annahmeverzug).

The Buyer bears the full actual cost of returning the shipment to the Seller's warehouse in Poland and all additional charges imposed by the freight company (including attempted redelivery, demurrage and shipment-storage charges).

If, after failing to accept the shipment, the Buyer submits a notice of withdrawal from the contract, the Seller will refund the amount paid for the Goods after deducting the direct return-transport costs and the freight-storage costs incurred.

The Goods may be sent to the Buyer again only after the Buyer has paid all outstanding return-transport and storage charges and the cost of redelivery.

06

Specification of the goods: year of manufacture, mileage, engine code and test report

Information on the year of manufacture, first registration and mileage comes from the donor vehicle at the time of dismantling or from the supplier's declaration; the Seller is not liable for its absolute accuracy.

The engine code (MKB) or gearbox code is established by reading the block or the donor vehicle's documentation. The Seller is not responsible for prior structural modifications made by third parties or previous owners.

Test report (e.g. compression test):

It confirms only that the supplier carried out the test under specified conditions (e.g. a "cold" test before dismantling).

A "TEST OK" result means that, on the test date, the parameters met the internal acceptance criteria based on workshop standards.

The report does not constitute an unlimited guarantee of quality or durability and does not replace a full diagnosis after installation.

Engines without a "TEST OK" result are not approved for sale.

07

Condition of used goods, normal wear and accessories

The engines and gearboxes offered are used items. Normal signs of use and wear resulting from age and previous operation do not constitute a defect in the Goods.

Accessories: Accessories/additional components (injectors, turbocharger, high-pressure pump, alternator, sensors, etc.) form part of the sale only if they are expressly identified in the offer/invoice as included in the scope of delivery. Otherwise, these items are attached for transport purposes or supplied as a free addition.

Design variations: Differences in minor accessories, mountings, sensors, plugs, covers or oil pans resulting from the model year, market version or manufacturer changes do not constitute a defect in the Goods, provided that the basic block and cylinder head correspond to the ordered type.

08

Mandatory installation and operating procedures (conditions for the validity of complaints)

Proper operation and retention of complaint rights require the Goods to be installed by a professional automotive workshop in accordance with the vehicle manufacturer's procedures.

Before the unit is started for the first time, the Buyer/Workshop is strictly required to:

Inspect and replace the complete timing drive (belt/chain together with tensioners and rollers).

Replace all operating fluids (engine/gearbox oil) and complete filters (oil, fuel and air).

Correctly bleed the cooling system and crankshaft system and safely build up oil pressure before starting.

Inspect and correctly set the valve timing.

Documentation requirements when submitting a complaint: The Buyer must provide an itemized invoice/receipt from the workshop confirming installation and listing the new parts and fluids used, a video recording of the engine's first start confirming that the cooling and crankshaft systems were bled, and a diagnostic report. The Seller reserves the right to require the engine control unit (ECU) to be supplied in order to verify the software (check for chip tuning).

The Buyer must not remove, damage or modify any security seals, markings or stamps placed on the Goods.

Without the Seller's prior written/email consent, the Buyer may not carry out unauthorized repairs or dismantle or modify the purchased Goods.

09

Liability for defects (goods not conforming to the contract)

A

Relations with CONSUMERS (B2C) and Entrepreneurs with consumer rights

In relations with Consumers and Entrepreneurs with consumer rights, the rules on non-conformity of goods with the contract arising from European Union Directive 2019/771 and the applicable national legislation apply.

The Seller's liability for non-conformity of used Goods with the contract lasts for one year from delivery of the item.

Removal and reinstallation costs: Any reimbursement of removal or reinstallation costs is available only after the Seller has conducted a prior technical verification (§ 11) and formally accepted the complaint.

If the complaint is accepted as justified, the Seller will cover the reasonable and necessary removal and reinstallation costs incurred by the Consumer, up to the average publicly available market rates charged by independent automotive workshops, on the basis of an itemized VAT invoice/receipt.

If the complaint proves unjustified (the fault arose for reasons attributable to the Buyer or the installation workshop), the Seller bears no removal, installation or operating-fluid costs, and the Buyer bears the transport and verification costs.

B

Relations with ENTREPRENEURS (B2B)

Under applicable law (including Article 558 § 1 of the Polish Civil Code and the HGB provisions applicable to international trade), statutory warranty liability for defects towards Entrepreneurs (B2B) is excluded in full unless the sales invoice expressly provides otherwise and a written warranty has been granted for a specified period.

The Entrepreneur is required to inspect the shipment and report any defects within five working days of receipt, failing which claims are lost (§ 377 HGB / Article 563 of the Polish Civil Code).

The Seller bears no B2B liability for the costs of removal, reinstallation, fluids, towing, vehicle downtime or a replacement vehicle.

10

Exclusions of liability (additional reservations)

The Parties agree that the Seller's liability for defects and damage is excluded where the damage was caused by:

1. Failure of the vehicle's external electronics or accessories.

2. Operation without oil, with an insufficient fluid level, or after engine overheating.

3. Use of unsuitable fluids or fuels.

4. Failure to replace the complete timing set before starting.

5. Software modification (chip tuning), participation in motorsport, or overloading.

11

Complaints procedure and technical verification

How to submit a complaint: Complaints are accepted exclusively electronically via the complaint form available in the "COMPLAINTS" section of the Seller's website. Submissions sent by email, online messenger (e.g. WhatsApp), SMS or made by telephone are for information purposes only and do not formally initiate the complaints procedure.

Response deadline: The Seller will respond to a Consumer's complaint within 14 days after it has been submitted correctly and completely via the website form.

Duty to deliver the Goods, preparation for transport and collection address:

Verification requirement: Making the Goods available and delivering them to the Seller for detailed technical verification is a necessary condition for examining the complaint and determining the cause of the fault.

Packing method: The Buyer is required to prepare and hand over the complete Goods safely packed on a pallet.

Place and address of collection: Technical verification takes place in Poland. The exact address of the relevant receiving warehouse/service centre in Poland will be provided to the Buyer (at the email address stated in the form) after formal acceptance of the submission made via the website form. Sending the Goods to the Seller's registered-office address without authorization, or without first submitting the form and arranging collection, will result in refusal of the shipment.

Absolute duty to drain operating fluids: Before handing over or sending an engine/gearbox for complaint verification, the Buyer (or workshop) is strictly required to drain the unit completely of all operating fluids added during installation (engine/gearbox oil and coolant) and secure the Goods against leaks. Any fluid leak during transport that results in freight penalties or damage to other shipments is charged entirely to the Buyer.

Outcome of verification and costs of an unjustified complaint:

If the Seller's technical assessment shows that the fault arose for reasons not attributable to the Seller (including an installation error by the workshop, failure to replace the timing system, operation without oil/fluids, overheating, unapproved modifications, chip tuning or broken seals), the complaint will be rejected as unjustified.

If the complaint is rejected, the Buyer is required to cover the cost of returning the pallet and the cost of the diagnostic verification/technical assessment at the Seller's workshop hourly rate. The Goods will be released to the Buyer after these amounts have been paid.

Unauthorized repairs and broken seals: Unauthorized repairs, dismantling of the block/cylinder head, or breaking seals before verification by the Seller constitute grounds for rejecting the complaint because the cause of the fault can no longer be determined objectively.

No on-site service: The Seller does not provide an "on-site technician visit" service.

12

Exclusion of the right of withdrawal and rules for returns in shipping mode

Direct mode

Direct mode (Seller's own delivery with on-site inspection – § 2.2.A)

Because the sales contract is concluded in person in the Customer's presence after prior on-site inspection of the Goods (at the address indicated by the Customer at their own request), the transaction is not a distance contract (Fernabsatzvertrag) within the meaning of consumer-protection legislation.

Pursuant to § 312g(2)(11) BGB, no right of withdrawal from an off-premises contract exists where the seller travelled to the location at the consumer's express request. This provision applies to both Consumers and Entrepreneurs (B2B). No Customer, irrespective of legal status, has a statutory or contractual right to withdraw from the contract (return the Goods without giving a reason within 14 days) after purchasing and accepting the Goods on site. Purchased Goods that are free of hidden defects cannot be returned "on request", due to a change of mind or because the mechanic or Buyer selected them incorrectly.

Any apparent defects, signs of mechanical damage, cracks or broken components that were or could have been identified during inspection before purchase are deemed to have been accepted by the Customer (whether Consumer or Entrepreneur) when the contract was concluded and cannot be grounds for a subsequent return or visual-condition complaint.

Shipping mode

Shipping mode (courier/external delivery – § 2.2.B)

Right of withdrawal: The right to withdraw from a distance contract within 14 days without giving a reason is available exclusively to Consumers and Entrepreneurs with consumer rights where the purchase is fulfilled through external freight forwarding and the Customer had no opportunity to physically inspect the Goods before dispatch and payment.

How to submit a return (website form only): A notice of withdrawal from the contract (return request) is accepted exclusively electronically via the return form available in the "RETURNS" section of the Seller's website. Submissions sent by email, online messenger (e.g. WhatsApp), SMS or made by telephone are for information purposes only and do not constitute formal submission of a notice of withdrawal.

Return-transport costs: For such a return (Goods >30 kg), the Buyer bears the full direct cost of return transport (pallet freight).

Place and address for returning the Goods: The returned Goods are received in Poland. The exact address of the relevant receiving warehouse in Poland will be provided to the Buyer (at the email address stated in the form) after formal acceptance of the submission made via the website return form. Sending the Goods to the Seller's registered-office address without authorization, or without first submitting the form and arranging collection, will result in the warehouse refusing the shipment or a delay in refunding the payment.

Condition of the Goods and shipment preparation: Before dispatching the return shipment, the Buyer is required to drain the unit completely of all operating fluids, securely fasten the engine/gearbox to a pallet, and protect the Goods against damage and leaks. Goods returned following withdrawal from the contract must be in an undiminished condition (unused).

13

Transport, damage and acceptance procedure (for shipped deliveries – Mode B)

A Buyer accepting a shipment handled by an external freight forwarder is required to inspect the condition of the packaging and pallet shipment carefully at the time of delivery in the courier's presence.

If transport damage is identified, a Damage Report must be drawn up in the courier's/driver's presence and photographic evidence must be taken.

Failure to draw up a damage report at the time of delivery may prevent claims from being pursued against the carrier.

14

Personal data protection (GDPR)

Personal data is processed exclusively for order fulfilment and sales support in accordance with the GDPR and the Seller's privacy policy.

15

Governing law and international jurisdiction (EU)

Applicable law: Sales contracts and these Terms and Conditions are governed by Polish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Clause for sales within the European Union (B2C): The choice of Polish law does not deprive a Consumer (or an Entrepreneur with consumer rights) domiciled or habitually resident outside Poland, in another EU Member State, of the protection granted under provisions of that state that cannot be excluded by contract (pursuant to Article 6(2) of Regulation (EC) No 593/2008 – Rome I). In matters not regulated by these Terms and Conditions, or to the extent that the law of the Consumer's habitual residence grants more favourable mandatory rights, the relevant national provisions of that EU Member State apply directly.

Exclusion for transactions with Entrepreneurs (B2B): In relations with Entrepreneurs (B2B), all disputes arising from or related to the contract will be resolved exclusively by the court with territorial jurisdiction over the Seller's registered office in Poland.

Contact

For matters related to these Terms and Conditions, contact us: