Terms and Conditions of Service
by MBPOWER.PL Sp. z o.o., with its registered office in Kraków, Osiedle Sportowe 27, 59, 31-966 Kraków,
NIP: 6783183556, REGON: 38536432400000,
entered into the National Court Register under number 0000824985,
1. Definitions
Whenever reference is made to:
1.1. „Regulations” – this shall mean these regulations;
1.2. „Website” – this shall mean MBPOWER.PL Sp. z o.o. with its registered office in Kraków, Osiedle Sportowe 27, Lok. 59, 31-966 Kraków, NIP: 6783183556, REGON: 38536432400000;
1.3. „Customer” – this shall mean entities that are both entrepreneurs within the meaning of Article 4 of the Entrepreneurs’ Law Act of 6 March 2018 (Journal of Laws of 2019, item 1292, consolidated text), and consumers within the meaning of Article 22¹ of the Civil Code;
1.4. „Consumer” – this shall mean a Client who is an individual entering into a legal transaction with an entrepreneur not directly related to their business or professional activity, within the meaning of Article 221 of the Civil Code. The provisions concerning Consumers contained in the Terms and Conditions apply to individuals entering into a contract directly related to their business activity, when the content of such contract indicates that it is not of a professional nature for that individual, arising in particular from the subject of their business activity, disclosed pursuant to the provisions of the Central Registration and Information on Business;
1.5. „Agreement” – this shall mean an agreement concluded between the Service Provider and the Customer, the subject of which is, in particular, the provision of services by MBPOWER.PL or the performance of a contract for specific work, with the content agreed upon by the Parties;
1.6. „Workshop” – this shall mean the location where the Service Provider performs the Agreement on behalf of the Customer, located at: Kraków, ul. Makuszyńskiego 10a;
1.7. „Parties” – shall mean MBPOWER.PL and the Customer;
1.8. „Vehicle” – shall mean the Customer’s vehicle constituting the subject of the Agreement;
1.9. „Remuneration” – shall mean the remuneration payable to MBPOWER.PL by the Customer under the Agreement and in accordance with the terms specified therein;
1.10. „Order” – shall mean the order placed by the Customer for MBPOWER.PL to perform specific services or work;
1.11. „Vehicle Acceptance Protocol” – shall mean a document completed and signed by the Service Employee and the Customer before and after the order is completed, containing vehicle details, customer details, and specifying the scope of the work to be performed;
1.12. „Service Employee” – shall mean a person present at the Service Office or Workshop who is authorized by MBPOWER.PL to represent the Service for the purposes of concluding the Agreement with the Customer;
1.13. „GDPR” – this shall be understood as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
2. General provisions
2.1. The Regulations define the rules for the Service’s execution of Contracts for Customers.
2.2. The Customer may review the Regulations before signing the Vehicle Acceptance Protocol, and a copy will be provided upon request.
2.3. The Regulations constitute an integral part of the Agreement. In the event of any discrepancy between the Regulations and the Agreement, the provisions of the Agreement (including the one accepted by the Customer) shall prevail.
2.4. Upon conclusion of the Agreement, the Customer declares that they hold legal title to the Vehicle, and in particular are authorized to conclude the Agreement under the terms of the Regulations, and undertakes that no third party will submit to the Service any claims for the release of the Vehicle or any other claims related to the Vehicle. In the event of such claims being filed, the Customer undertakes to satisfy them in full.
3. Conclusion of the Agreement
3.1. The Agreement is concluded between the Client and the Service Center under the terms described below:
3.1.1. The Client presents the Service Center employee with a general problem related to the Vehicle, based on which the Service Center prepares a sample Order in the form of a Vehicle Acceptance Protocol, which does not constitute an offer to conclude a Agreement within the meaning of Article 66 § 1 of the Civil Code;
3.1.2. The Order may concern the performance of a specific repair, replacement of parts, or inspection or diagnostics to detect a defect in the Vehicle, depending on the Parties’ arrangements;
3.1.3. The Vehicle Acceptance Protocol does not include the amount of the Fee. The Fee is determined in accordance with Section 6.1 of the Terms and Conditions;
3.1.4. By completing, signing, and submitting the Vehicle Acceptance Protocol to the Service Employee, upon receipt under pain of nullity, the Customer consents to the execution of the Agreement and submits to the Service Employee an offer to conclude the Agreement under the terms and conditions specified in the Vehicle Acceptance Protocol. This offer remains binding for a period of 14 days from the date of submission, unless the Parties agree otherwise.
3.1.5. The Customer accepts the Terms and Conditions by submitting a declaration that they have read the Terms and Conditions and agree to the provisions contained therein in the Vehicle Acceptance Protocol.
3.1.6. The Agreement is concluded upon the Service Employee signing the Vehicle Acceptance Protocol, completed and signed by the Customer. The Agreement will be performed under the terms and conditions specified in the Vehicle Acceptance Protocol and these Terms and Conditions. After signing the Vehicle Acceptance Protocol, the Service Employee immediately issues a copy of the Vehicle Acceptance Protocol containing the signatures of the Customer and the Service Employee.
3.2. The Agreement is concluded for the duration necessary to fulfill the obligations arising therefrom.
3.3. If the Customer places an Order for the inspection or diagnosis of the Vehicle, the repairs indicated in the diagnostics will be performed under a separate Order if the Customer decides to send the Vehicle for repair. The Customer’s decision to refrain from repairing the Vehicle after performing the diagnostics does not entitle the Customer to refuse payment for the diagnostics.
3.4. If, during the Service’s execution of the Order, it becomes necessary to perform other work or acquire parts and tools other than those indicated in the Vehicle Acceptance Report, the Service will immediately notify the Customer using the information provided in the Vehicle Acceptance Report. The Customer is obligated to:
a. Express verbal or written consent to the performance of additional work within a maximum of 3 business days.
b. Enter into an Agreement with the Service for the performance of this additional work in the form of a subsequent Order under the terms specified in section 3.1.1. to 3.1.6
c. Submitting a written declaration to the Service Center, under pain of nullity, of the lack of consent to perform additional work, which shall be deemed null and void, obligates the Service Center to cease performing the Order. In such a case, the Service Center will only perform the work necessary to secure the Vehicle in the condition it is in at the time the Service Center receives the Customer’s declaration. In such a case, the Service Center retains the right to remuneration for the work covered by the Order until receipt of the Customer’s declaration. The Customer is obligated to collect the Vehicle thus secured.
3.4.1. If, within the time specified in point 3.4 above, the Customer fails to conclude an Agreement with the Service Center for the performance of additional work or fails to submit an effective declaration of disagreement to such performance, the Service Center will only perform the work necessary to secure the Vehicle in the condition it is in at the time of expiry of the aforementioned deadline, and retains the right to remuneration for the entire Order in accordance with the Order Card. The Customer is obligated to collect the Vehicle thus secured.
4. Conditions for the implementation of obligations under the Agreement
4.1. The Agreement is performed at the Workshop, unless otherwise agreed between the Parties or necessary for the proper performance of the Agreement.
4.2. In connection with the performance of the Agreement, the Client leaves the Vehicle at the Service Center’s disposal. The Client leaves at least one set of keys with the Vehicle.
4.3. Vehicle pickup and drop-off for the performance of the Agreement takes place on weekdays, Monday through Friday, from 8:30 AM to 5:00 PM, at the Workshop. Upon prior agreement between the Parties, pickup or drop-off of the Vehicle is also possible on other days or times.
4.4. A Client who leaves the Vehicle at the Workshop for the performance of the Agreement is obligated to inform the receiving employee of any damage to the Vehicle, such as abrasions, scratches, dents, or damage to the interior of the Vehicle. Upon acceptance of the Vehicle, the Parties shall indicate the location, date, and time of vehicle pickup in the Order Form, and describe the condition of the Vehicle being delivered, which will include any damage to the Vehicle. The Vehicle Acceptance Protocol, containing the signature of the Service Employee confirming receipt of the Vehicle, is the sole proof of its handover to the Service and the condition in which it was delivered to the Service.
4.5. When leaving the Vehicle for the performance of the Agreement, the Customer is obligated to remove all movable items from the Vehicle, including removing any cameras, navigation systems, and mounts mounted on the windshield. This obligation does not apply to the mandatory equipment of the Vehicle. The Service is not responsible for items left in the Vehicle in violation of this point.
4.6. During the Workshop’s opening hours, the Customer may obtain information on the progress of the Agreement in person, by telephone, or by email.
4.7. The Service will notify the Customer by telephone, text message, or email of the completion of the Order. 4.9. The Customer is obligated to collect the Vehicle from the Workshop no later than 7 business days after receiving notification of completion.
4.10. If the Customer is late in collecting the Vehicle beyond the date specified in the Order Form, the Customer is obligated to pay the Vehicle storage fee in the amount indicated in the Price List for each commenced day.
4.11. If the delay in collecting the Vehicle exceeds 30 days, the Service Center is authorized to place the Vehicle in storage with a third party at the Customer’s expense and risk.
4.12. If the delay in collecting the Vehicle exceeds 122 days from the date the Customer is informed of the availability of the Vehicle, the Service Center will request the Customer to collect it in any form within 14 days, using the information provided in the Vehicle Acceptance Protocol. If the Customer fails to collect the vehicle after the deadline specified in such a request, the Customer transfers ownership of the vehicle to the Service Center free of charge.
4.13. Upon collection of the Vehicle, the Parties shall indicate the location, date, and time of vehicle collection in the Vehicle Acceptance Protocol. Before collection, the vehicle is inspected and checked during a test drive without the Client’s participation within the scope of the performed Contract, unless the Client has not consented to a test drive of the vehicle – in such a case, the Service cannot provide a guarantee as to the quality of the performed contract.
5. Termination of the Agreement
5.1. Upon conclusion of the contract, its termination is only possible by mutual agreement of the parties under the terms and conditions set forth in the agreement, which must be concluded in writing under pain of nullity;
5.2. The Service Center has the right to withdraw from the contract without notice in the following cases:
a. The customer is in arrears with payment;
b. Failure to submit an order for additional work or a declaration of disagreement with the performance of additional work within the time specified in point 3.4;
c. Failure to collect the Vehicle within the time specified in the Vehicle Acceptance Protocol;
6. Remuneration
6.1. The fee for the performance of the Agreement is determined based on:
a) the Service’s current price list, which includes hourly rates and individual prices for certain services, as well as the prices of additional fees,
b) current parts prices,
6.2 The fee is individually agreed upon between the Parties and the amount and method of payment are agreed upon in the Repair Estimate by both Parties.
6.3. Parts installed under the Agreement remain the property of the Service until the Fee is paid in full by the Customer, and the Customer may not use them without the Service’s separate written consent, otherwise being null and void.
7. Responsibility
7.1. The Service Center may entrust the performance of the Agreement, in whole or in part, to a third party without the need to obtain the Customer’s prior consent.
7.2. In the case of a Customer who is not a Consumer, the Parties, subject to point 7.3, exclude warranty for defects.
7.3. The Service Center may provide the Customer with a warranty for the period and under the terms of a separate warranty agreement.
7.4. If the Customer provides parts, the above warranty applies only to activities performed under the Agreement.
7.5. In the case of a Customer who is not a Consumer, the warranty is subject to payment of the full amount of the Remuneration.
7.6 The Service Center performs vehicle inspections before purchase. The vehicle inspection serves to verify the general condition of the vehicle. The following activities are performed as part of the inspection: computer diagnostics, a check of the vehicle’s history, a visual inspection of the brakes, a suspension inspection, and an inspection according to the used vehicle inspection checklist. The scope of activities performed is made available to the Customer. A detailed inspection of the wear and tear of individual parts or components, which requires the disassembly of these parts, is not included in the scope of the pre-purchase inspection service. The service assumes no responsibility and provides no guarantee or warranty for the vehicle being inspected and advises that all claims related to this should be directed to the Seller.
7.7 The service assumes no responsibility for the quality of parts supplied by the customer for the service. In the event of defects in the aforementioned parts, installation and removal of these parts due to their potential defects will be at the customer’s expense.
7.8 The service is not a manufacturer of spare parts. The service reserves the right to make the final acceptance of any customer claims dependent on the acceptance of individual representatives of spare parts manufacturers.
8. Personal data
8.1. By providing a template of the Vehicle Acceptance Protocol, the Customer specifies the personal data required for the performance of the Agreement. Providing personal data is voluntary. However, refusal to provide personal data may result in the inability to properly perform the Agreement.
8.2. Pursuant to Article 13 paragraphs 1 and 2 of the GDPR, MBPOWER.PL hereby informs that:
8.2.1. The controller of the Customer’s personal data is MBPOWER.PL Sp. z o.o. with its registered office in Krakow, Ulica Makuszyńskiego 10a, 31-752 Krakow, NIP: 6783183556, REGON: 38536432400000 (contact with the personal data controller by email: iod@mbpower.pl)
8.2.2. The Customer’s personal data will be processed pursuant to Article 6, paragraph 1, points b) and c) of the GDPR, i.e., for the purpose of performing the Agreement and fulfilling the Website’s accounting and bookkeeping obligations, as well as for the purpose of promoting the Website’s activities and maintaining contact with the Customer;
8.2.3. The recipients of the Customer’s personal data will be:
8.2.3.1. an external accounting office maintaining accounting and HR documentation for the Website;
8.2.3.2. an external entity providing IT services for the Website;
8.2.3.3. recipients authorized by law to receive them.
8.3. The Client’s personal data will not be processed in an automated manner or subject to profiling, nor will it be transferred to third countries (i.e., outside the European Economic Area) or international organizations.
8.4. The Client’s personal data will be stored for the duration of the Agreement and for 5 (five) years from the date of its termination or expiration.
8.5. The Client has the right to access their data and the right to rectify, erase, restrict processing, the right to data portability, the right to object, and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal (if such right is granted under applicable law).
8.6. The Client has the right to lodge a complaint with the President of the Personal Data Protection Office if they believe that the processing of their personal data violates the provisions of the GDPR.
9. Final provisions
9.1. The rights and obligations of the Customer and the Service Provider arising from these Terms and Conditions are governed by Polish law.
9.2. The section numbers (sections) referred to in these Terms and Conditions without further designation refer to the relevant editorial units of the Terms and Conditions.
9.3. All notices and other information required or permitted by this Agreement will be made by telephone or text message, or in writing—under pain of nullity—by registered mail via a public postal operator, to the Parties’ details indicated in the Vehicle Acceptance Protocol, unless otherwise specified in these Terms and Conditions.
9.4. Any disputes arising between the Service Provider and the Customer who is a Consumer will be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
9.5. Any disputes arising between the Service Provider and the Customer who is not a Consumer will be submitted to the competent court for the Service Provider’s registered office.
9.6. All persons can access the Regulations at any time via the website www.mbpower.pl
9.7. The Regulations come into effect on January 1, 2021.
Effective date and last update:
Effective date (date of preparation): January 1, 2023
Last updated: January 1, 2023