Terms & Conditions
service

These Terms of Service set out the rules for using the website available at: https://nextcar-usa.pl/ (hereinafter: the "Website" or the "Platform"), the manner of providing services by electronic means, and the rules governing the tools available within the Website.

The owner and administrator of the Website is:
NEXTCAR-USA sp. z o.o. with its registered office in Rzeszów
Address: ul. Kard. Karola Wojtyły 223A / 1, 35-304 Rzeszów
KRS: 0001181755 - NIP: 813-39-36-360 - REGON: 542 137 311
Share capital: PLN 30,000.
E-mail: automax.usa.biuro@gmail.com
Phone: +48 694 527 961

You may contact the administrator of the Website via:
The contact form available at: https://nextcar-usa.pl/pl/contact
E-mail: automax.usa.biuro@gmail.com
Phone: +48 694 527 961

Using the Website constitutes acceptance of these Terms of Service, the GTOC, the Privacy Policy and the Cookies Policy.
The Terms of Service are addressed both to users without an account (hereinafter: "Guests") and to persons who register on the Website (hereinafter: "Users" or "Clients").
In matters not regulated by these Terms of Service, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on Providing Services by Electronic Means and other relevant legal provisions.
All rights to the Website, the content contained in it and the content made available through it, including in particular intellectual property rights, rights to the name of the Website, the internet domain, software and databases (other than those elements that are part of open-source libraries), are protected by law. When using the Website, the user undertakes not to make any changes to them and to use them solely in a manner consistent with the provisions of these Terms of Service.
Providing access to the Website is a service rendered by electronic means by NEXTCAR-USA sp. z o.o. for the benefit of users, within the meaning of the Act of July 18, 2002 on Providing Services by Electronic Means, which takes place under a contract concluded between the Company and the user and on the basis of these Terms of Service.

The terms used in the remainder of these Terms of Service shall mean:

• Listings (Auctions) — offers for the sale of vehicles originating from the external Manheim platform, to which the Service Provider provides access and the ability to purchase under the "Buy Now" option on behalf of the Client.
• Carfax — a report on the Vehicle's history in the USA, which can be ordered on the Website based on the Vehicle's VIN.
• Deposit/Security/Plan — a specified amount (financial limit) paid by the Client as security for purchases under the Buy Now mode. Details are set out in section IX of these Terms of Service.
• Auction platform (Auction house) — the Manheim platform operating in the USA, through which the Vehicle listings posted on the Website are made available.
• Guest — a person who uses the Website without registering and creating an Account (e.g., in order to browse listings).
• Civil Code — the Act of April 23, 1964, the Civil Code.
• Consumer — an entity that is a consumer within the meaning of the provisions of the Civil Code.
• Account/User Account/Client Panel — the User's individual panel, in which the data provided by the User upon registration is collected, used to access additional functionalities of the Website (including placing quick-purchase orders and selecting a deposit plan).
• OWZ — the General Terms of Commission, constituting a separate document and applicable to the Commission service provided by NEXTCAR-USA.
• Vehicle — any motor vehicles offered on the Manheim platform through the Website.
• Privacy Policy — the Privacy Policy of the NEXTCAR-USA Website.
• Entrepreneur — an entity that is not a Consumer, including a natural person conducting unregistered business activity.
• Terms & Conditions — this document setting out the rights and obligations of Guests, Users and the Company; with respect to services provided by electronic means, these Terms of Service constitute the terms referred to in Article 8 of the Act of July 18, 2002 on Providing Services by Electronic Means.
• Service — the website operated by NEXTCAR-USA, available at: https://nextcar-usa.pl/, through which the Service Provider renders brokerage services for the quick purchase of Vehicles from the USA and provides other functionalities described in these Terms of Service.
• Company/Service Provider/Administrator — NEXTCAR-USA spółka z ograniczoną odpowiedzialnością, with its registered office in Rzeszów, ul. Kard. Karola Wojtyły 223A / 1, 35-304 Rzeszów, KRS: 0001181755, NIP: 813-39-36-360, REGON: 542137311, share capital: PLN 30,000.
• Online payment system — an IT and functional solution enabling verification of payment status and receipt of payments.
• Contract — a contract for the provision of a specific type of Service offered by the Company within the Website, concluded between the Company and the User/Guest.
• Electronic Services/Services — services provided by the Company for the User or Guest through the Website on the basis of the relevant contract.
• User/Client — a natural person, legal person or organizational unit that has registered on the Website and uses the Website's services.
• Commission/Commission Contract — a service other than the Electronic Services, in which the User acts as the Principal and NEXTCAR-USA as the Agent, consisting in acquiring, in the name and on behalf of the Principal, the indicated Vehicle (exclusively Buy Now on Manheim) and assisting in arranging its freight to the destination port.
• Principal — a User who has effectively placed an order for the quick purchase of a Vehicle (Buy Now) and has received confirmation that NEXTCAR-USA has accepted that order.

Using the Website requires meeting the minimum technical requirements, in particular having a device with software enabling access to the Internet and browsing its resources. The minimum technical requirements for the user's ICT system are:

• Operating system: Windows 7 or newer, OS X 10.11.6 or newer, GNU/Linux with kernel version 4.0 or newer
• 3GB RAM
• Web browser: Chrome version 69+, Firefox version 62+, Safari version 11.1+, Opera version 55+, Edge.
• Mobile devices: 2GB RAM, iPhone/iPad running iOS 11+, Tablet/Smartphone running Android 4.1+.

The Company is not responsible for the proper functioning of the Website if the User's/Guest's computer hardware and software do not meet the above technical requirements.
The Company is not responsible for the improper functioning of the Website resulting from an outdated browser version, the actions of third parties or events of force majeure.
Any questions, opinions and requests concerning the functioning of the Website should be directed to the email address: automax.usa.biuro@gmail.com.

Using the full functionality of the Website (including placing Buy Now purchase orders, ordering transport and downloading Carfax reports) requires registration and the creation of a User Account.

Registration requires:

• completing the registration form and providing the required data (including first name, last name, email and phone);
• providing true and up-to-date data;
• reviewing and accepting the Terms of Service, the GTOC and the Privacy Policy and, where applicable, submitting other required statements and consents.

When creating an Account, the User independently sets a password granting access to the Account and bears sole responsibility for keeping this information confidential. The Company is not responsible for the consequences arising from disclosing the aforementioned information to third parties.
Creating an Account and using the Website is free of charge.
Each User may hold only one Account. Sharing access credentials with third parties is not permitted.
The Company has the right to immediately terminate the Contract if the User breaches these Terms of Service or applicable law, or fails to pay on time for purchased vehicles.
The User may terminate the Contract at any time by deregistering (deleting) the Account from the Website, sending a request to the Website's support email address. Deletion of the Account does not release the User from the obligation to settle amounts due that arose before the deletion date.

The Company continuously oversees the technical aspects of the Website's operation, ensuring its proper functioning and bearing responsibility for the correctness of the services provided.

The Company is merely a provider of services through the Website and bears no responsibility for the actions or omissions of Users and Guests, including the truthfulness of statements made by Users.
The User/Guest is obliged to respect the provisions of these Terms of Service and to use the Website in accordance with its intended purpose. Providing unlawful content, sending spam, etc., is prohibited.
The Company bears no responsibility for the authenticity, reliability or correctness of information provided by Users, or for damage caused by the actions of third parties.
The Service Provider reserves the right to change the functional features of the Website, in particular the scope and type of services and functionalities, in accordance with the amendment procedure.

The Services are provided on the basis of a Contract for the provision of services by electronic means concluded between the Company and the User.

When using the Website, each user may use certain Services provided by electronic means, under which they may in particular:

• use the Website solely by browsing it and reading the content found on its pages;
• communicate with the Administrator (via the contact form or by email: automax.usa.biuro@gmail.com);
• create a User Account and then use the full range of the Website's functionalities, which include, among others:
• enabling the browsing of Vehicle listings on the Manheim platform;
• the option to select a deposit plan (paying a security deposit into the NEXTCAR-USA account) that provides a financial limit for purchases;
• placing an order to purchase a Vehicle in the "Buy Now" mode — enabling the submission of a Commission offer addressed to NEXTCAR-USA and information about its status; the User orders the immediate purchase of the Vehicle at a predetermined price;
• the option to order a Carfax report on the Vehicle's history;
• calculating import and transport costs;
• adding listings to a list of watched vehicles;
• container tracking — checking information about the current transport status of a specific Vehicle purchased by NEXTCAR-USA on behalf of the User.

The Service Provider is not the owner of the vehicles presented on the Website. Information about the listings (photos, mileage, damage) comes from external sources (the Manheim platform, sellers).

The Service Provider's role is to broker and assist in the immediate purchase process and in arranging the import of the Vehicle. The sale itself (the contract of sale) is concluded with an external entity.

The Company is not responsible for the currency of the Manheim platform Listings presented within the Website or the Vehicle data contained in them, and in particular is not responsible for:

• an incorrect odometer reading of the Vehicle, including any corrections or tampering;
• the technical condition of the Vehicle;
• the appearance and color of the Vehicle;
• differences in technical requirements applicable in the USA and in the Vehicle's country of destination, including, among others, the lack of type approval;
• the inability to register, repair or use the Vehicle in the country of destination.

The rules for fulfilling orders are based exclusively on the immediate purchase option ("Kup Teraz" / "Buy Now") on the Manheim platform.

• By placing a purchase order, the User accepts the displayed price of the Vehicle ("Buy Now") and the terms set by the platform and the seller on Manheim.
• Service does not conduct brokerage in auctions. All vehicles are purchased immediately at the indicated fixed price.
• Pressing the "Order a quick purchase!" button or another similar button with the same meaning is equivalent to the User submitting a binding Commission offer governed by the GTOC.

Liability:

• The User should independently verify the condition of the Vehicle, the documentation and any risks associated with the purchase;
• The Service Provider does not guarantee the technical condition, the accuracy of the mileage or the absence of legal defects of the Vehicle (information is obtained from the Manheim platform).
• All costs (Manheim platform fees, customs duties, taxes, transport) are borne by the User.
• In the event of a successful purchase, the User is obliged to make full payment on time. Failure to settle the amount due within the designated period results in the imposition of contractual penalties.

In order to make purchases under the "Buy Now" option, the User must have an active deposit/security (also referred to as a "Plan").

There are various Plans (e.g., Basic, Professional, Platinum) that differ, among other things, in the maximum purchase limit (per item and aggregate) and the number of vehicles the User may buy simultaneously.

The security deposit may be paid solely by bank transfer to one of the bank accounts provided by NEXTCAR-USA.

The security deposit is an amount of money freely chosen by the User (but within the applicable limits), paid into the NEXTCAR-USA account and shown on the Account to determine its current purchasing power. It serves as security for the performance of the Principal's obligations following a purchase from Manheim.

The default unit of the User's purchasing power is the U.S. dollar. The currency conversion rates shown on the platform are for reference only.
NEXTCAR-USA does not have disposal over the funds allocated by the User for the security deposit (until charges for non-performance of the contract are enforced).
The User may decide to request the payout of the entire unblocked security deposit at any time. In such a case, the deposit is paid out to the User's bank account from which it was paid, after deducting any costs.

The Service Provider, in cooperation with logistics partners, arranges transport of the Vehicle from the USA to a port in Europe (e.g., Bremerhaven, Rotterdam) and onward door-to-door transport to the Client.

The delivery time is estimated and depends on container availability, ship departure schedules and customs clearance. The Service Provider is not responsible for delays arising from causes beyond its control.
The User is obliged to provide the documents necessary for customs clearance (e.g., authorization, official receipt confirmation) by the designated deadline.
Transport costs, port charges, customs duty, VAT, excise duty, and customs and administrative fees are borne by the User.
Container tracking and information about the current transport stage are available in the Client Panel.

The User may order a Carfax report based on the Vehicle's VIN to obtain information about the Vehicle's history in the USA.

To purchase a report, the User must have the appropriate Carfax package within their Plan or pay an additional fee.
The Carfax report is generated by an external system — the Website is not responsible for errors or inaccuracies in the data.
The purchased report is available for download in the Client Panel. The User may also delete it from their account.

The User may add any listing to the favorites list ("Watch") and remove it at any time.

Adding a listing to favorites does not guarantee reservation of the Vehicle on Manheim. It serves merely as a bookmark facilitating quick access to the selected listing.

Payments for purchased vehicles (under the Buy Now option), transport costs, taxes and other amounts due are made in accordance with the instructions provided by the Service Provider (e.g., bank transfer).

Deposit payments for a Plan are made to the designated bank account.
Any bank commissions or currency conversion costs are borne by the User, unless the parties have agreed otherwise.
Failure to make timely payment or cancellation of a transfer may result in the blocking of the Account and the imposition of additional charges arising from the contracts.

A User/Guest who is also a Consumer/Entrepreneur acting on consumer terms and who has concluded a distance Contract with the Administrator has the right to withdraw from that contract without giving any reason within 14 days from the date of its conclusion.

The right to withdraw from a distance Contract does not apply, among other cases, where the Administrator has fully performed the service with the express consent of a person acting on consumer terms (Article 38(1)(1) of the Act of May 30, 2014 on Consumer Rights). Commencing the provision of electronic services within the Website and granting access to the Commission functionality after a successful deposit payment, which occurs before the expiry of 14 days, deprives the User of the right of withdrawal with respect to the part already performed, to which Users consent.

In other cases, to exercise this right, an unequivocal statement of withdrawal must be sent within 14 days by email to: automax.usa.biuro@gmail.com or in writing. In the event of withdrawal from the Contract, it is deemed not to have been concluded.

Under the contract concluded with Users regarding the use of the Website, the Company grants the User a paid, non-transferable and non-exclusive license to use the Website in accordance with its intended purpose.

By using any services offered by the Company, the User/Guest acquires no industrial property rights or copyrights to the Website. Copying, reproducing or commercially exploiting elements of the Website is prohibited.
Any actions in this regard require prior contact with the Company at the email address: automax.usa.biuro@gmail.com and obtaining the Company's consent.

The User/Guest may submit complaints to the Company regarding the non-performance or improper performance of the Services. For this purpose, the User/Guest may contact us by email at: automax.usa.biuro@gmail.com.

A complaint should include contact details and a description of the irregularity.
The Company examines the submitted complaint without undue delay, but no later than within 14 days of the date it was properly filed.
Every user who is a Consumer has the option of using out-of-court methods of resolving complaints, including via the online ODR platform available at: http://ec.europa.eu/consumers/odr/.

The controller of the personal data of Users/Guests using the Website is NEXTCAR-USA Sp. z o.o., subject to the reservation that this applies solely to data provided in connection with creating an Account and using the Website.

The Company is not responsible for the processing of data by external entities, in particular by the Manheim platform. All detailed information is contained in the Website's Privacy Policy.

The Company has the right to make changes to these Terms of Service and to the Contracts concluded on their basis, of which Users will be notified via their User Account or by email 14 days before the change.

The Service Provider is not responsible for: errors in information about Vehicles, delays in transport from the USA, unlawful actions of the User, and technical problems with internet connections.

In matters not regulated herein, the applicable provisions of Polish law shall apply. Any disputes shall be submitted for resolution to the court having jurisdiction over the Company's registered office, save for the mandatory rights of the Consumer.

These Terms of Service enter into force on July 3, 2025.