TERMS AND CONDITIONS OF THE PRIME AUTO ONLINE STORE

Version dated 4 September 2026
Effective from the date of publication in the Store


§1. General Provisions

  1. These Terms and Conditions govern the use of the online store operating under the Prime Auto brand, available at:

https://primeauto-eu.com/pl/

  1. In particular, these Terms and Conditions govern:

    • use of the Store;

    • placement of Orders;

    • conclusion of Sales Agreements;

    • payments;

    • delivery of Products;

    • sale of Products available from stock and Products available to order;

    • sale of Products imported from abroad, in particular from the USA and Canada;

    • selection of Products for specific vehicles;

    • installation of Products;

    • withdrawal from the Agreement;

    • the additional 30-day return program for WeatherTech Products;

    • complaints;

    • warranties;

    • provision of electronic services;

    • sales to Consumers, Entrepreneurs with consumer rights, and B2B Customers.

  2. These Terms and Conditions are made available free of charge in a manner allowing them to be saved, reproduced and retained.

  3. The Customer should read these Terms and Conditions before placing an Order.

  4. These Terms and Conditions are not intended to exclude or restrict any rights of a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.

  5. If any provision of these Terms and Conditions is less favourable to a Consumer than mandatory provisions of law, the relevant provisions of law shall prevail.


§2. Seller Details

  1. The Seller and operator of the Store is:

Prime Cars Accessories Spółka z ograniczoną odpowiedzialnością

ul. Cegielniana 4A/15
30-404 Kraków
Poland

Tax ID (NIP): 6793364590
REGON: 544606738
KRS: 0001238186

  1. Contact details:

E-mail for Orders, complaints and cooperation:
sales@primeauto-eu.com

General e-mail:
info@primeauto-eu.com

Telephone:
+48 12 300 21 18

  1. Warehouse and return address, unless the Seller provides a different appropriate address in a particular case:

Prime Cars Accessories Sp. z o.o. – Prime Auto
Warehouse
ul. Krakowiaków 28
32-060 Kryspinów
Poland

  1. Formal correspondence may also be sent to the Seller's registered office address specified in section 1 above.


§3. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

  1. Seller – Prime Cars Accessories Spółka z ograniczoną odpowiedzialnością.

  2. Store – the Prime Auto online store operating at https://primeauto-eu.com/pl/.

  3. Customer – any natural person, legal person or organisational unit having legal capacity that uses the Store or enters into, or intends to enter into, an Agreement with the Seller.

  4. Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to that person's business or professional activity.

  5. Entrepreneur with consumer rights – a natural person entering into an Agreement directly related to their business activity, where the Agreement is not of a professional nature for that person within the meaning of applicable law.

  6. If the nature of the Agreement does not clearly indicate whether it is of a professional nature for a natural person conducting business activity, the rules arising from applicable law shall apply, including rules concerning the possibility of making an appropriate declaration by such person.

  7. B2B Customer / Entrepreneur – a Customer making a purchase in connection with business or professional activity who, in relation to the particular Agreement, is not entitled to the rights of a Consumer or an Entrepreneur with consumer rights.

  8. Product – a movable item offered by the Seller.

  9. Stock Product – a Product held in the Seller's warehouse or otherwise available for standard fulfilment.

  10. Product available to order – a standard, prefabricated Product that is not currently held in the Seller's warehouse and must be ordered from the manufacturer, distributor or another supplier.

  11. Imported Product – a Product imported from abroad, in particular from the USA, Canada, Australia, Mexico, the United Kingdom or another country.

  12. Individual Product – a non-prefabricated Product manufactured according to the Consumer's specifications or intended to satisfy their individual needs, provided that the conditions laid down in applicable law are met.

  13. Individual Order – an Order covering an Individual Product.

  14. Order – a declaration by the Customer aimed at entering into a Sales Agreement.

  15. Sales Agreement – a sales agreement for a Product entered into between the Seller and the Customer.

  16. Business Day – a day from Monday to Friday, excluding public holidays in Poland.

  17. VIN – vehicle identification number.

  18. Model Year – the model year specified by the vehicle manufacturer, which may differ from the year of production or first registration.

  19. Warranty – a voluntary undertaking by the Warrantor defining rights relating to the quality of a Product.

  20. Warrantor – the entity providing the Warranty.


§4. Electronic Services

  1. The Seller may make available through the Store, in particular:

    • Customer Account;

    • Order Form;

    • contact form;

    • favourite Products list;

    • newsletter;

    • other functionalities available in the Store.

  2. Use of the Store requires a device with Internet access and an up-to-date web browser.

  3. An active e-mail address is required in order to place Orders.

  4. The Customer is required to:

    • use the Store in accordance with the law;

    • provide accurate and truthful information;

    • refrain from actions disrupting the operation of the Store;

    • refrain from providing unlawful content;

    • refrain from infringing the rights of the Seller or third parties.

  5. Creating an Account is not required if the Store allows purchases without registration.

  6. The Customer may request deletion of the Account.

  7. Deletion of the Account does not automatically result in deletion of data that the Seller is legally required or otherwise lawfully entitled to retain.

  8. The Seller may temporarily limit access to the Store due to technical work, updates, security reasons or failures.


§5. Placement of Orders and Conclusion of the Agreement

  1. Information concerning Products displayed in the Store constitutes an invitation to enter into an Agreement, unless the relevant information clearly states otherwise.

  2. Placement of an Order by the Customer constitutes an offer to enter into a Sales Agreement.

  3. Before finally placing the Order, the Customer may:

    • check the selected Products;

    • check quantities;

    • correct entered information;

    • select the payment method;

    • select the delivery method;

    • review the total price.

  4. Immediately before placing a paid Order, the Customer receives all information required by applicable law.

  5. The button used to finally place a paid Order should clearly indicate that placement of the Order entails an obligation to pay.

  6. An automatic technical confirmation stating, for example, “we have received your Order” does not constitute acceptance of the Order by the Seller unless the message expressly states otherwise.

  7. The Sales Agreement is concluded when the Customer receives confirmation from the Seller that the Order has been accepted for fulfilment.

  8. Confirmation of the conclusion of the Agreement is provided on a durable medium, in particular by e-mail.

  9. Before accepting the Order, the Seller may verify:

    • availability of the Product;

    • current price;

    • catalogue number;

    • availability from the manufacturer;

    • compatibility with the vehicle;

    • vehicle data;

    • possibility of legally importing the Product;

    • possibility of fulfilling an Individual Order.

  10. Before conclusion of the Agreement, the Seller may refuse to accept the Order, in particular in the event of:

  • lack of Product availability;

  • discontinuation of the Product;

  • inability to source the Product;

  • an obvious technical error concerning price, description or availability;

  • lack of information necessary for fulfilment;

  • lack of required payment;

  • reasonable suspicion of fraud or breach of law.

  1. If the Order has already been paid for but the Seller does not accept it for fulfilment, the amount paid shall be refunded.

  2. After conclusion of the Agreement, the Seller may not unilaterally change its essential terms unless this results from the Agreement or applicable law.

  3. If the manufacturer changes only the catalogue number of the Product to an official replacement number and the Product remains functionally and compatibly the same Product, such a catalogue number change shall not be treated as a material change to the subject matter of the Agreement.


§6. Prices and Payments

  1. Prices of Products offered to Consumers are stated as gross prices.

  2. Before placing the Order, the Customer receives information concerning:

    • Product price;

    • taxes;

    • delivery costs;

    • other mandatory costs, if applicable.

  3. The Seller does not charge the Consumer any unagreed fees after conclusion of the Agreement.

  4. Available payment methods are displayed during the Order process.

  5. These may include in particular:

    • bank transfer;

    • payment card;

    • BLIK;

    • electronic payment system;

    • PayPal;

    • cash on delivery, where available.

  6. The Seller may make fulfilment of Products available to order or Individual Products conditional upon full or partial advance payment, provided the Customer is informed before conclusion of the Agreement.

  7. The Seller issues sales documents in accordance with applicable law.

  8. In the case of price reductions, the Seller provides the information required under rules concerning the lowest price applicable prior to the reduction.


§7. Delivery

  1. Products may be delivered within Poland and to other countries supported by the Store.

  2. Available delivery methods depend on the type, size, weight and destination of the Product.

  3. Delivery may be made in particular:

    • by courier;

    • to a parcel locker;

    • by pallet shipment;

    • by oversized transport;

    • by another individually agreed method.

  4. The period stated next to a Product is the fulfilment period applicable to that Product.

  5. In the case of Products marked as:

    • “available to order”;

    • “available from manufacturer”;

    • “imported from the USA”;

    • “imported from Canada”;

    • or in a similar manner,

the fulfilment period may include the time required to order the Product from the supplier, international transport, customs clearance and delivery to the Seller's warehouse.

  1. Where the period is expressly described as estimated or expected, the Seller shall exercise due care to meet it.

  2. Where the Seller expressly confirms a specific date as a guaranteed deadline, that deadline shall be binding in accordance with the Agreement and applicable law.

  3. If a delay occurs on the part of the manufacturer, distributor, carrier, logistics operator or customs authorities, the Seller shall inform the Customer about the delay and, if possible, provide a new estimated fulfilment date.

  4. The above does not restrict the Consumer's statutory rights in relation to delayed performance of the Agreement.

  5. An Order containing Products with different availability dates may be shipped once the entire Order has been completed, unless the parties agree on partial delivery.

  6. The Customer is responsible for providing a correct delivery address and all information necessary for delivery.

  7. If redelivery becomes necessary due to circumstances attributable to the Customer, the Customer may be charged the actual additional costs incurred.

  8. Failure to collect a parcel does not constitute a declaration of withdrawal from the Agreement.

  9. If a properly dispatched parcel is not collected and is returned to the Seller for reasons attributable to the Customer, the Seller may claim actual and reasonable costs or damages in accordance with applicable law.

  10. The Customer is advised to inspect the condition of the packaging upon delivery.

  11. In the event of visible damage, the Customer is advised to prepare a damage report and photographic documentation.

  12. Failure to prepare a damage report does not deprive the Consumer of statutory rights concerning a Product that does not conform to the Agreement.


§8. Product Selection for the Vehicle – VIN and Compatibility

  1. Automotive Products offered by Prime Auto may be intended only for specific:

    • makes;

    • models;

    • generations;

    • model years;

    • body versions;

    • bed lengths;

    • cab versions;

    • equipment versions;

    • drivetrains;

    • vehicle markets.

  2. The Customer should review compatibility information before purchasing.

  3. In case of doubt, the Customer may contact Prime Auto before placing the Order in order to confirm compatibility.

  4. The Seller may request, in particular:

    • VIN;

    • make;

    • model;

    • model year;

    • production date;

    • vehicle photographs;

    • bed length;

    • cab type;

    • equipment version;

    • number of seats;

    • information concerning additional equipment.

  5. The VIN alone may not always contain all information necessary to confirm compatibility of an aftermarket accessory.

  6. The Customer is required to provide correct and complete vehicle information.

  7. If the Product was selected on the basis of incorrect or incomplete information provided by the Customer, this circumstance shall be taken into account when assessing responsibility for lack of compatibility.

  8. The above does not exempt the Seller from liability where, despite receiving correct information, the Seller itself incorrectly confirmed compatibility.

  9. The model year may differ from:

    • year of production;

    • date of first registration;

    • the year commonly referred to as the “vehicle year”.

  10. Vehicles bearing the same model name may differ structurally depending on the market, e.g. European, US or Canadian.

  11. Where relevant to compatibility, the Customer should provide information concerning the vehicle's market of origin.

  12. If, before conclusion of the Agreement, the Seller expressly informed the Customer that a specific Product characteristic deviated from the ordinary or objective conformity requirements and the Consumer expressly and separately accepted that specific characteristic, this circumstance shall be taken into account when assessing conformity of the Product with the Agreement to the extent permitted by law.


§9. Installation of Products

  1. Products should be installed in accordance with the manufacturer's instructions and their intended use.

  2. Where installation requires technical knowledge, the Seller recommends using a professional workshop.

  3. Before starting irreversible installation procedures, the Customer should verify:

    • Product compatibility with the vehicle;

    • completeness;

    • mounting point layout;

    • dimensions;

    • Product version.

  4. Particular verification should be carried out before:

    • drilling;

    • cutting;

    • trimming;

    • gluing;

    • removing protective backing from installation tape;

    • painting;

    • programming;

    • coding;

    • any other permanent modification.

  5. If, before installation, the Customer notices an obvious mismatch between the Product and the vehicle, installation should be stopped and the Seller contacted.

  6. The Seller shall not be liable for damage to the Product or vehicle caused solely by:

    • incorrect installation carried out by the Customer or an independent workshop;

    • installation contrary to correct instructions;

    • unauthorised modification;

    • use of unsuitable tools;

    • use of the Product contrary to its intended purpose;

    • installation of the Product on an unsuitable vehicle due to incorrect information supplied by the Customer,

subject to mandatory provisions of law.

  1. The above does not apply where the problem results from circumstances for which the Seller is liable under applicable law, in particular an incorrect instruction for which the Seller is responsible or installation performed by or under the responsibility of the Seller.


§10. Products Available to Order and Imports from the USA, Canada and Other Countries

  1. Prime Auto offers both Stock Products and Products available to order.

  2. A Product available to order may be a standard serial Product manufactured by the producer and imported only after the Customer places the Order.

  3. Products available to order may be imported in particular from:

    • the USA;

    • Canada;

    • Australia;

    • Mexico;

    • the United Kingdom;

    • other countries.

  4. The mere fact that a standard serial Product is imported specifically after a Consumer places an Order does not automatically result in loss of the Consumer's statutory right of withdrawal from the Agreement.

  5. A Product available to order must be distinguished from an Individual Product referred to in §11.

  6. The Seller may require an advance payment for a Product available to order, provided this is communicated before conclusion of the Agreement.

  7. Where a standard Product available to order is subject to the statutory right of withdrawal, any advance payment shall be settled in accordance with statutory rules.

  8. Delivery times for imported Products may depend on external suppliers, manufacturers, carriers and customs clearance.

  9. If the manufacturer discontinues the Product or definitively refuses to supply it, the Seller shall inform the Customer and apply a solution consistent with applicable law, including making an appropriate refund if performance of the Agreement is impossible.


§11. Individual Products and Individual Orders

  1. The right of withdrawal from a distance Agreement does not apply in the cases specified in Article 38 of the Polish Consumer Rights Act.

  2. This may apply in particular to a Product:

    • that is non-prefabricated;

    • manufactured according to the Customer's specifications;

    • made according to individual dimensions;

    • individually modified;

    • individually configured;

    • intended to satisfy the Customer's individual needs,

provided the conditions under applicable law are met.

  1. The mere use by the Seller of the term “Individual Order” does not exclude the Consumer's right of withdrawal if the subject matter of the Agreement does not meet the statutory requirements.

  2. Before conclusion of an Agreement concerning an Individual Product, Prime Auto shall inform the Customer in particular:

    • that the Product is individual in nature;

    • what the individualisation consists of;

    • that in such a case the 14-day right of withdrawal may not apply.

  3. The Seller may require separate confirmation of this information:

    • by checkbox;

    • by e-mail;

    • by signature;

    • on another durable medium.

  4. Lack of the statutory right of withdrawal from an Individual Order does not exclude rights concerning a Product that does not conform to the Agreement.


§12. Statutory Right of Withdrawal

  1. A Consumer and, to the extent provided by law, an Entrepreneur with consumer rights may withdraw from a distance Agreement without giving any reason within 14 days.

  2. In the case of a single Product, the period begins on the day the Consumer or a third party designated by the Consumer other than the carrier takes possession of the Product.

  3. Where the Agreement covers several Products delivered separately, in batches or in parts, the period begins upon receipt of the final Product, batch or part.

  4. To comply with the deadline, it is sufficient to send an unequivocal declaration of withdrawal before the deadline expires.

  5. The declaration may in particular be sent:

    • by e-mail;

    • by post;

    • through a form, if available.

  6. The Customer may use the template in Appendix No. 1, but use of the template is not mandatory.

  7. The Product should be returned without undue delay, no later than 14 days from the date of withdrawal from the Agreement.

  8. Return address:

Prime Cars Accessories Sp. z o.o. – Prime Auto
Warehouse
ul. Krakowiaków 28
32-060 Kryspinów
Poland

  1. The Consumer bears the direct cost of returning the Product, unless the Seller agrees to bear it or the cost must legally be borne by the Seller.

  2. Cash-on-delivery returns are not accepted unless expressly agreed in advance.

  3. The Seller shall refund payments covered by the withdrawal without undue delay and no later than 14 days after receipt of the declaration of withdrawal.

  4. The Seller may withhold the refund until:

  • receipt of the returned Product, or

  • receipt of evidence that the Product has been sent back,

whichever occurs first.

  1. The refund shall generally be made using the same payment method used by the Customer, unless the Customer agrees to another method that does not involve additional costs.

  2. The Seller refunds the cost of the cheapest ordinary delivery method offered for the relevant Order.

  3. If the Customer selected a more expensive delivery method, the difference in cost is not refunded.

  4. The right of withdrawal does not constitute an automatic right to exchange the Product for another Product.

  5. A voluntary exchange of a conforming Product may take place following an individual agreement with the Seller.


§13. Voluntary 30-Day Return Right for WeatherTech Products

  1. Independently of the statutory right of withdrawal, Prime Auto grants Consumers and Entrepreneurs with consumer rights an additional voluntary right to return WeatherTech Products within 30 days from the date of receipt, subject to the conditions set out in this section.

  2. The program may be marketed by Prime Auto under the name:

“30-Day WeatherTech Returns”

or an equivalent designation.

  1. During the first 14 days after receipt of the Product, the statutory right of withdrawal described in §12 applies in the first instance.

  2. This program does not limit, replace or modify the statutory right of withdrawal.

  3. If the Consumer validly exercises the statutory right of withdrawal within the first 14 days, their rights shall be assessed in accordance with statutory rules and not according to the stricter conditions of this additional program.

  4. The additional Prime Auto program applies primarily from day 15 through day 30 after receipt of the Product.

  5. In order to use the additional return right, the Customer should inform Prime Auto of the intended return no later than the 30th day after receipt of the Product.

  6. The Product should be returned without undue delay, no later than 7 days from notification of the voluntary return, unless the Seller agrees to another deadline.

  7. The voluntary return right from day 15 through day 30 applies only where the returned WeatherTech Product cumulatively:

    a) has not been used;

    b) has not been installed in a vehicle;

    c) has not been used, even briefly, during normal operation of the vehicle;

    d) shows no installation marks;

    e) shows no signs of use;

    f) is clean and dry;

    g) shows no traces of footwear, mud, sand, salt, water, animal hair, oil, chemicals or other contamination;

    h) has no odours resulting from use;

    i) has not been scratched, damaged or deformed;

    j) has not been cut, drilled, trimmed, glued, painted or modified;

    k) in the case of Products equipped with adhesive tapes, protective films, seals, installation stickers or single-use elements – such elements have not been used or damaged;

    l) is complete;

    m) includes all supplied parts, in particular mounts, clips, screws, brackets, instructions and accessories;

    n) is in a condition allowing it to be offered again as a new Product;

    o) retains the original manufacturer's packaging, where supplied in such packaging, in a condition allowing the Product to be resold as new.

  8. Under the additional program after the first 14 days, the Product may not be used for testing during normal use of the vehicle.

  9. In particular, the program from day 15 through day 30 does not apply to a Product that:

  • was used while driving;

  • was installed;

  • shows installation marks;

  • was glued or attached with adhesive;

  • has used 3M tape or another installation element;

  • was drilled or trimmed;

  • was contaminated;

  • was washed after previous use in order to remove signs of use;

  • shows visible signs of use upon inspection;

  • is incomplete;

  • for any other reason can no longer be offered as a full-value new Product.

  1. Careful opening of the packaging solely to inspect the Product outside the vehicle does not exclude the additional right of return, provided that the Product and packaging continue to meet the remaining requirements.

  2. In the case of Products such as FloorLiner, FloorLiner HP, CargoLiner or similar liners, the Product may be inspected outside the vehicle, but use of the Product in the vehicle during the period from day 15 through day 30 excludes the voluntary return program.

  3. In the case of Products installed using:

  • adhesive;

  • tape;

  • single-use clips;

  • drilling;

  • permanent mounting,

carrying out the installation excludes the additional return right from day 15 through day 30.

  1. Upon receipt of the return, Prime Auto may:

  • inspect the Product;

  • verify completeness;

  • inspect installation components;

  • inspect packaging;

  • prepare photographic documentation;

  • determine whether the Product has been installed or used.

  1. If the Product does not meet the conditions of the voluntary program, Prime Auto may refuse to accept the voluntary return after expiry of the statutory 14-day period.

  2. In such a case, the Customer shall be informed of the possibility of:

  • collecting the Product in person, or

  • having the Product sent back at the Customer's expense.

  1. In the case of a voluntary return between day 15 and day 30:

  • the cost of returning the Product is borne by the Customer;

  • the original delivery cost to the Customer is not refunded;

  • the amount refunded is the price paid for the Product;

  • cash-on-delivery returns are not accepted.

  1. The refund shall be made after the Product has been received and confirmed as meeting the program requirements, no later than 14 days after completion of the return verification.

  2. The voluntary program does not apply to WeatherTech Products:

  • manufactured or modified according to the Customer's individual specifications;

  • sold as used;

  • sold as display or outlet Products, where exclusion from the program was disclosed before purchase.

  1. The program does not apply to B2B Customers unless Prime Auto expressly agrees otherwise in a particular case.

  2. The program does not limit:

  • the statutory 14-day right of withdrawal;

  • rights arising from non-conformity of the Product with the Agreement;

  • rights arising from a Warranty.


§14. Condition of a Product Returned under the Statutory Right of Withdrawal

  1. During the statutory withdrawal period, the Consumer may inspect the nature, characteristics and functioning of the Product to the extent necessary to make a decision concerning the Product.

  2. The Consumer is liable for any reduction in the value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

  3. In relation to automotive accessories, reduction in value may result in particular from:

    • use in the vehicle;

    • contamination;

    • scratching;

    • deformation;

    • drilling;

    • trimming;

    • cutting;

    • painting;

    • gluing;

    • permanent installation;

    • use of installation tapes;

    • damage to mounting components;

    • loss of parts of the set;

    • other permanent alterations.

  4. Merely opening ordinary packaging does not result in loss of the statutory right of withdrawal.

  5. Lack of original packaging also does not itself constitute grounds for rejecting a valid statutory withdrawal.

  6. However, if the condition of the Product, missing components or damage to the packaging has caused an actual reduction in the Product's value, this may be taken into account in settlement in accordance with applicable law.

  7. The Seller may:

    • inspect the Product;

    • verify completeness;

    • prepare photographic documentation;

    • document signs of installation or use.

  8. If the Seller determines that the Product has decreased in value, the Customer shall be informed of the basis and method used to determine that reduction.


§15. Exceptions to the Statutory Right of Withdrawal

  1. The right of withdrawal does not apply in the cases specified in Article 38 of the Polish Consumer Rights Act.

  2. In Prime Auto's business, an exception may apply in particular to an Agreement concerning a Product:

    • that is non-prefabricated;

    • manufactured according to the Customer's specifications;

    • individually modified;

    • intended to satisfy the Customer's individual needs;

    • which, after delivery, has by its nature become inseparably combined with other items,

provided the statutory requirements are met.

  1. The mere fact that a standard serial Product is imported from the USA, Canada or another country does not by itself constitute grounds for depriving the Consumer of the right of withdrawal.

  2. Installation itself also does not automatically constitute a statutory basis for refusing a valid withdrawal unless a specific statutory exception applies.

  3. Installation may, however, result in an obligation to account for a reduction in value in accordance with §14.


§16. Non-Conformity of the Product with the Agreement

  1. The Seller is required to deliver a Product conforming to the Agreement.

  2. The Seller is liable for any lack of conformity existing at the time of delivery and revealed within the period provided by law, generally for two years from delivery of the Product.

  3. When assessing conformity, the following shall be taken into account in particular:

    • description;

    • type;

    • quantity;

    • quality;

    • completeness;

    • functionality;

    • compatibility;

    • characteristics agreed with the Customer.

  4. If, before conclusion of the Agreement, the Consumer was expressly informed of a specific Product characteristic deviating from the conformity requirements and expressly and separately accepted it, this circumstance may be taken into account in accordance with applicable law.

  5. In the event of non-conformity, the Consumer may first request:

    • repair, or

    • replacement.

  6. The Seller may carry out repair instead of replacement or replacement instead of repair in circumstances provided by law, in particular where the remedy selected by the Consumer is impossible or would result in excessive costs.

  7. Repair or replacement shall be carried out:

    • within a reasonable period;

    • without excessive inconvenience;

    • at the Seller's expense.

  8. The Consumer may submit a declaration of price reduction or – where permitted by law – withdraw from the Agreement, in particular where:

    • the Seller refused to bring the Product into conformity;

    • the Seller failed to bring it into conformity;

    • non-conformity continues despite an attempt to repair or replace;

    • the non-conformity is sufficiently serious to justify such remedy;

    • circumstances indicate that the Seller will not bring the Product into conformity within a reasonable period or without excessive inconvenience.

  9. If the lack of conformity is minor, the possibility of withdrawal is subject to restrictions arising from applicable law.

  10. Statutory withdrawal due to non-conformity of the Product with the Agreement is separate from the 14-day withdrawal without giving any reason.


§17. Complaints

  1. A complaint may be submitted:

    • by e-mail;

    • in writing;

    • by another effective means.

  2. In order to speed up complaint handling, it is recommended to provide:

    • Order number;

    • Customer details;

    • Product number or name;

    • description of the problem;

    • date on which the problem was discovered;

    • Customer's requested remedy.

  3. If the complaint concerns compatibility, it is recommended to provide vehicle details.

  4. The Customer may submit:

    • photographs of the Product;

    • photographs of the vehicle;

    • video;

    • VIN;

    • information concerning the method of installation.

  5. Such documentation may significantly accelerate assessment of the issue.

  6. Failure to provide photographs does not automatically result in rejection of a Consumer complaint.

  7. If inspection of the Product is necessary, the Customer should make the Product available to the Seller.

  8. In the case of a justified Consumer complaint, costs associated with the Seller's obligations shall be borne in accordance with applicable law.

  9. A Product subject to complaint should not be sent cash on delivery without prior agreement.

  10. The Seller shall respond to a Consumer complaint within the period required by law, generally no later than 14 days after receipt.

  11. Failure to respond within the statutory period has the consequences provided by applicable law.

  12. The response shall be provided on paper or another durable medium.


§18. Manufacturer Warranties

  1. Some Products are covered by a Warranty issued by the manufacturer or another Warrantor.

  2. The scope and duration of the Warranty depend on the particular Product and Warrantor.

  3. Information contained in the Product description or official Warranty terms determines the scope of the Warranty.

  4. Prime Auto may assist the Customer with the manufacturer's Warranty procedure where the Warranty terms allow this.

  5. Warranty rights are independent of statutory rights concerning non-conformity of the Product with the Agreement.

  6. A manufacturer's Warranty does not limit the Consumer's rights against the Seller.


§19. Special B2B Rules

  1. This section applies solely to B2B Customers.

  2. It does not apply to Consumers or Entrepreneurs with consumer rights to the extent that they benefit from statutory protection.

  3. A B2B Customer is not entitled to a statutory 14-day right to return a conforming Product without giving a reason.

  4. A voluntary return of a conforming Product by a B2B Customer requires prior consent from Prime Auto.

  5. Prime Auto may refuse a voluntary B2B return, in particular where:

    • the Product was imported specifically for the Customer;

    • the Product is not a standard stock Product;

    • the Product has been used;

    • the Product has been installed;

    • the Product has been modified;

    • the Product is incomplete;

    • the Product has lost commercial value.

  6. Prime Auto may make acceptance of a B2B Order conditional upon full or partial advance payment.

  7. In the case of Products imported specifically for a B2B Customer from the USA, Canada or another country, the price or a separate cost item may include actual and agreed:

    • international transport costs;

    • forwarding costs;

    • insurance;

    • customs clearance costs;

    • customs duties;

    • other import charges;

    • logistics handling;

    • domestic transport.

  8. If Prime Auto voluntarily agrees to cancellation or return of a conforming Product imported specifically for a B2B Customer, Prime Auto may make its consent conditional upon reimbursement by the Customer of actual and non-recoverable fulfilment costs.

  9. The Seller's liability under statutory warranty for defects towards a B2B Customer is excluded to the fullest extent permitted under Article 558 of the Polish Civil Code.

  10. The exclusion does not apply where exclusion is prohibited by law.

  11. In B2B relations, the risk of accidental loss of or damage to the Product transfers in accordance with the Polish Civil Code, in particular upon delivery of the goods to the carrier, unless the individual Agreement provides otherwise.

  12. The B2B Customer should inspect the parcel upon receipt and take any steps necessary to preserve claims against the carrier.

  13. In B2B relations, Prime Auto reserves the contractual right to withdraw from the Agreement within 14 days after its conclusion, in particular in the event of:

  • an obvious pricing error;

  • a technical error;

  • lack of availability from the manufacturer;

  • discontinuation of production;

  • an export or import prohibition;

  • inability to legally import the Product.

  1. If the above right is exercised, payment relating to the unfulfilled part of the Order shall be refunded.

  2. Subject to liability that cannot legally be excluded or limited, Prime Auto's total liability for damages towards a B2B Customer arising from one Agreement is limited to the net value of that Agreement.

  3. Prime Auto shall not be liable towards a B2B Customer for:

  • loss of profit;

  • loss of anticipated revenue;

  • business interruption;

  • loss of contracts;

  • indirect losses,

to the extent permitted by law.

  1. Limitations of liability do not apply to damage caused intentionally or other circumstances where liability cannot legally be excluded.

  2. Polish law applies to B2B relations.

  3. Disputes between Prime Auto and a B2B Customer shall be heard by the court having jurisdiction over the Seller's registered office, to the extent permitted by applicable law.

  4. The voluntary 30-Day WeatherTech Return program does not apply to B2B Customers unless Prime Auto expressly agrees otherwise in a particular case.


§20. Events Beyond the Seller's Control

  1. The Seller shall not be liable for failure to perform or delay in performance to the extent resulting from circumstances for which the Seller is not legally responsible.

  2. Such circumstances may include in particular:

    • war;

    • sanctions;

    • export or import restrictions;

    • border closures;

    • natural disasters;

    • major transport disruptions;

    • infrastructure failures;

    • decisions of public authorities;

    • other extraordinary events outside the Seller's control.

  3. This section does not limit mandatory Consumer rights.


§21. Product Reviews

  1. Where the Store allows publication of Product reviews, the applicable rules shall comply with applicable law.

  2. If Prime Auto states that published reviews originate from persons who purchased or used the Product, Prime Auto shall also provide information concerning the method used to verify this.

  3. It is prohibited to publish content that is:

    • unlawful;

    • infringing third-party rights;

    • offensive;

    • spam;

    • unrelated to the Product.


§22. Personal Data and Cookies

  1. The controller of personal data is:

Prime Cars Accessories Spółka z ograniczoną odpowiedzialnością.

  1. Detailed information concerning:

    • purposes of processing;

    • legal bases;

    • retention periods;

    • data recipients;

    • transfers outside the EEA;

    • rights of data subjects

is contained in the separate Privacy Policy.

  1. The use of cookies and similar technologies is governed by the Privacy Policy and the consent management mechanism available in the Store.


§23. Alternative Dispute Resolution

  1. A Consumer may use alternative dispute resolution procedures provided for under applicable law.

  2. In particular, a Consumer may seek assistance from:

    • a municipal or district consumer ombudsman;

    • the Trade Inspection authority;

    • an appropriate ADR body;

    • the Polish Office of Competition and Consumer Protection in relation to available information.

  3. Use of an alternative dispute resolution procedure is voluntary unless specific provisions provide otherwise.

  4. These Terms and Conditions do not refer to the discontinued EU ODR platform.


§24. Applicable Law and Cross-Border Sales

  1. Agreements entered into with the Seller are governed by Polish law.

  2. The choice of Polish law does not deprive a Consumer of protection arising from mandatory provisions of the country of the Consumer's habitual residence where the relevant private international law rules provide such protection.

  3. In Consumer matters, jurisdiction shall be determined in accordance with mandatory applicable law.

  4. The clause providing for jurisdiction of the court at Prime Auto's registered office applies exclusively to B2B relations and only to the extent permitted by law.


§25. Amendments to the Terms and Conditions

  1. Prime Auto may amend these Terms and Conditions for important reasons, in particular:

    • changes in law;

    • changes in case law;

    • changes in payment methods;

    • changes in delivery methods;

    • introduction of new functionalities;

    • changes in the scope of the offer;

    • changes in the Seller's details;

    • improvement of Store security.

  2. Sales Agreements entered into before an amendment shall be governed by the version applicable at the time the Agreement was concluded, unless mandatory provisions provide otherwise.

  3. The current version of these Terms and Conditions is always available in the Store.


§26. Final Provisions

  1. These Terms and Conditions enter into force on the date indicated at the beginning.

  2. Agreements concluded through the Polish version of the Store are concluded in Polish unless the parties agree otherwise.

  3. Matters not regulated herein shall be governed by applicable provisions of Polish and European Union law.

  4. Invalidity or ineffectiveness of an individual provision shall not result in invalidity of the remaining provisions unless applicable law provides otherwise.


APPENDIX NO. 1

MODEL WITHDRAWAL FORM

This form may be used, but its use is not mandatory.

Addressee:

Prime Cars Accessories Spółka z ograniczoną odpowiedzialnością
ul. Cegielniana 4A/15
30-404 Kraków
Poland

E-mail: sales@primeauto-eu.com

Product return address:

Prime Cars Accessories Sp. z o.o. – Prime Auto
Warehouse
ul. Krakowiaków 28
32-060 Kryspinów
Poland

I hereby give notice that I withdraw from the Sales Agreement concerning the following Product / Products:

..................................................................

Order number:

..................................................................

Date of conclusion of the Agreement / receipt of the Product:

..................................................................

Name and surname:

..................................................................

Address:

..................................................................

E-mail:

..................................................................

Date:

..................................................................

Signature – only if this form is submitted on paper:

..................................................................


APPENDIX NO. 2

INDIVIDUAL ORDER CONFIRMATION

This Appendix should only be used where the specific Order actually meets the statutory conditions concerning a non-prefabricated Product manufactured according to the Consumer's specifications or intended to satisfy the Consumer's individual needs.

Product:

..................................................................

Product number / designation:

..................................................................

Customer's individual specification:

..................................................................

..................................................................

Description of the individual nature of the Product:

..................................................................

..................................................................

Price:

..................................................................

Estimated fulfilment period:

..................................................................

The Customer confirms that before conclusion of the Agreement, the Customer was informed that the above Product is manufactured or modified according to the Customer's individual specifications or is intended to satisfy the Customer's individual needs.

The Customer has been informed that where the conditions specified in Article 38 of the Polish Consumer Rights Act are met, the statutory right to withdraw from a distance Agreement without giving any reason does not apply.

The Customer confirms the accuracy of the specification provided.

This confirmation does not restrict the Customer's rights concerning a Product that does not conform to the Agreement.

Customer name / company:

..................................................................

Date:

..................................................................

Customer confirmation:

..................................................................


APPENDIX NO. 3

SUMMARY OF THE “30-DAY WEATHERTECH RETURNS” PROGRAM

Prime Auto offers 30 days to return WeatherTech Products.

Days 1–14

The Consumer may exercise the statutory right of withdrawal in accordance with applicable law and these Terms and Conditions.

Days 15–30

Prime Auto voluntarily accepts the return of a WeatherTech Product only where the Product:

  • is new;

  • has not been used;

  • has not been installed in a vehicle;

  • shows no installation marks;

  • shows no signs of use;

  • is clean;

  • is complete;

  • has not been modified;

  • retains unused installation components;

  • is in a condition allowing it to be resold as a new Product;

  • retains the original packaging where supplied in such packaging.

After day 14, a used or installed WeatherTech Product is not eligible for the voluntary 30-day return program.

The Customer bears the cost of returning the Product under the additional program.

The program does not restrict the Consumer's statutory rights.