GENERAL TERMS AND CONDITIONS OF RETURN OF GOODS
PURCHASED BY BUYERS BEING CONTRACTORS
1. Under the terms of these General Terms and Conditions of Return of Goods (hereinafter "GTC"), goods purchased from Master-Sport-Automobiltechnik (MS) GmbH Sp. z o.o. Branch office in Poland with its registered office in Gorlice, at ul. 11 Listopada 74, 38-300 Gorlice, (hereinafter "Master Sport") can be returned irrespective of the form of purchase (by brick and mortar store, online store) within 1 (one) year from the date of the sales contract, provided that the Buyer, who is a contractor (hereinafter "the Buyer") submits a written request for the return of the goods and for obtaining prior written or e-mail consent of Master Sport to the return of the goods.
2. Specific goods manufactured at the individual request of the Buyer shall not be returned.
3. Submitting a request for return of goods shall be tantamount to acceptance by the Buyer the conditions of GTC placed on the website of Master Sport.
4. The Buyer shall be entitled to return the goods at the registered office of Master Sport or by sending the goods at his own expense to the Master Sport's registered office, i.e. ul. 11 Listopada 74, 38-300 Gorlice. In order to return the goods, the Buyer shall be obliged to send or show proof of purchase of the goods and transport documents/the bill of loading. The proof of purchase shall be a VAT invoice (in electronic or paper form).
5. Master Sport after the final acceptance of the returned goods, in accordance with section 9, shall reimburse the selling price to the Buyer (subject to the content of section 10) reduced by 40% of the value of the goods sold (when the delivery of goods to the Buyer took place at the expense of Master Sport, the selling price for return is additionally reduced by the transport cost). The aforementioned amount shall be intended to cover the loss of Master Sport resulting from impairment of the value of goods, to cover operating expenses related to the service of returning goods, in particular to check by Master Sport the quality and if the goods correspond to the original characteristics of goods to return (a/o in accordance with section 6), and to check the costs of legal and accounting processes for the return of goods.
6. Products satisfying the following criteria can be returned:
a) at the time of return, the goods are in the same technical condition as at the time of their delivery to the Buyer,
b) the goods are originally packed,
c) despite the failure to fulfill the condition described in section b, unpacked goods may be returned without the original packaging, unless they show signs of wear or bear only such signs of use that result from their use in a manner necessary to determine their nature, characteristics and functioning.
7. Goods which are damaged or which show traces of use shall not be subject to return.
8. The goods shall be accepted on the basis of the initial decision made by an authorized Master Sport employee, after verifying if the Buyer meets the deadline set out in section 1.
9. The final decision on accepting the return of goods shall be taken by an authorized Master Sport employee, after a detailed review and inspection of the returned goods.
10. The reimbursement of the selling price for the returned goods, in the amount indicated in section 5, shall take place only in the form of exchange for another Master Sport product of the same value. The selling price shall not be returned in cash or by bank transfer.
11. Where, after checking by Master Sport it is determined that the goods are not qualified for return, the Buyer shall be obliged to collect them within 7 days from the date of notice by Master Sport. In this case, the costs of checking the goods described in section 5 shall be charged to the Buyer and paid by him within 7 days from the date of issuing the relevant invoice by Master Sport. If the Buyer does not collect the goods within the time described in the first sentence, and if he does not pay the goods inspection costs, Master Sport shall charge him for storage of goods in the amount of 1% of the goods' value for each commenced day of storage of the goods, and the Buyer's goods may be secured by the Master Sport towards the refund of costs of checking and storing goods.
12. The content of these GTC is available on the website http://ms-shop.eu/GTC/info-18-lang-en and at the registered office of Master Sport.
13. Changing the content of the GTC shall not affect the rights and obligations of the Buyer acquired before the amendments come into force.
14. The amended GTC shall be available on the website http://ms-shop.eu/GTC/info-18-lang-en and and at its brick and mortar store.
15. Terms and conditions of return of goods shall be valid from January 2, 2017.