Complaints and Returns

Complaints

Article 32

1. Subject to Article 557 of the Civil Code, the Company is liable towards the Ordering Party for any physical defects in Goods, understood as the non-compliance of the sold item with an agreement made with the Company, unless the Ordering Party knew about the existence of the defect at the moment of entering into the agreement or accepting the Goods. The Ordering Party is obliged to inspect the condition of the Goods at the moment of accepting them, including whether or not the shipment is damaged, and in the event of finding any defects in the shipment, the Ordering Party should immediately demand that a relevant report be prepared by the person making the delivery, or should notify the Company immediately, no later than on the day following the delivery date.
2. Complaints regarding the incompleteness of delivered Goods, or damage thereto, may be reviewed only if that the Ordering Party prepared a complaint report at the moment of receiving the Goods, in the presence of the person delivering the Goods, which does not exclude the rights of Ordering Parties being consumers, as set out in the Civil Code.

Article 33

The Company is not liable for damage caused to third parties through the use of Goods, or vehicles modified with the use of Goods.

Article 34

1. The Company does not provide information on the possibility of using the Goods in the Store for certain makes of vehicles.
2. The Company is not liable for any damage to vehicles caused by any incorrect use or assembly of Goods ordered from the Store.

Article 35

In particular, the Company is not liable for:

1. losses caused by the use of ordered Goods;

2. losses resulting from the incorrect assembly of ordered Goods, in particular, their incorrect assembly by an entity failing to meet the requirements described in Article 8 section 1 of the Regulations;

3. the loss of special rights by the Ordering Party under guarantee or warranty, granted by the producer or seller of the vehicle in which ordered Goods were used;

4. the loss of special rights under an insurance policy or other similar agreement by the Ordering Party;

5. penalties or other obligations imposed on the Ordering Party as a result of an infringement of Article 7 of the Regulations;

6. the loss of points during sports tournaments, or the loss of prizes, records and other performances.

Article 36

1. Complaints are submitted in writing to the Company’s address.
2. When submitting a complaint, the Ordering Party is obliged to deliver to the Company the Goods subject to this complaint. If the Ordering Party is exercising its rights under warranty or returning an item due to a withdrawal from the agreement, it is obliged to deliver the defective item to the location indicated by the Company, at the Company’s expense.
3. A complaint is reviewed immediately, and no later than within 30 days from the date when it is received by the Company.
4. Failing to submit an answer to a complaint within the time limit indicated in section 3 above is understood as acceptance of the complaint.

Article 37

1. Subject to Article 560 of the Civil Code, if the complaint is accepted, the Company will deliver repaired Goods, or Goods free of any defects, to the Ordering Party.
2. If it is not possible to deliver repaired Goods or Goods free of any defects to the Ordering Party, the Ordering Party is entitled to submit a statement on a reduction in price, or to withdraw from the agreement. In this case the Company will return to the Ordering Party all or part of the already paid price for the Goods, within seven days from the date of the complaint being accepted.

Withdrawal from the agreement

Article 38

1. The Ordering Party, being a consumer within the meaning of the Civil Code, is entitled to withdraw from the agreement within 14 days from the date of receiving the Goods, without giving any reason, by submitting a written declaration to the Company in accordance with the template constituting Attachment No 1 to the Regulations, and on the terms and conditions set out in the notice about withdrawing from the agreement, constituting a further part of Attachment No 1 to the Regulations.
2. Goods imported at the special order of the Ordering Party, or individualised by the Ordering Party, marked in the on-line store as “special order items”, are excluded from the right to withdraw from an agreement described in section 1.
3. It is not possible to withdraw from the agreement after the expiry of the time limit described in section 1. If a statement on withdrawal is submitted after the expiry of this time limit, the Company may:
   1. accept the returned Goods if they are returned intact, in which case the Store is entitled to return only 80% of the price paid by the Ordering Party,
   2. accept the returned Goods, but if their packaging is not intact, then the Store is entitled to return only 50% of the price paid by the Ordering Party.

Article 39

When withdrawing from an agreement, the Ordering Party is obliged to immediately return the received Goods, no later than within 14 days. In this case, the agreement is considered not to have existed. Together with returned Goods, the Ordering Party is obliged to return the received VAT invoice.

Article 40

1. When withdrawing from the agreement, the Ordering Party is obliged to return the received Goods undamaged.
2. Returned Goods cannot show any signs of use, and the Ordering Party is charged with the costs of using an item exceeding the use required in order to check its character, features and method of use.
3. The Company will refuse to accept Goods sent back by the Ordering Party at the Company’s expense.

Article 41

1. The Company will return to the Ordering Party the price paid for the Goods within 14 days from receiving a declaration from the Ordering Party on withdrawing from an agreement, provided that the returned Goods meet the requirements described in Article 40 of the Regulations.
2. The price paid will be returned to the Ordering Party to the indicated bank account, or by post office transfer, or in the manner previously used by the Ordering Party. 

Article 42

Under the circumstances described in Article 38 of the Regulations, excluding the option of withdrawing from the agreement, the Company will notify the Ordering Party about the refusal to accept the returned Goods, while demanding that the Ordering Party collects these Goods.

Personal data protection

Article 43

1. The Company collects and processes the Ordering Party’s personal data, including: contact details, such as first name and surname, address, email address, phone number, gender, information regarding payments and payments history, orders history, information necessary to issue a VAT invoice and data gathered in cookie files.

2. The Company collects and processes personal data of Ordering Parties and Clients for the following purposes and on the following bases:
   1. in order to manage purchases performed on-line in the Store, in order to process orders and returns and to send notifications to Ordering Parties about delivery status, or in the event of any problems with delivering Goods, in order to manage payments and review complaints and guarantee claims regarding products – pursuant to Article 6 paragraph 1 letter b) of 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 (“GDPR”), and therefore in connection with the need to process personal data for the performance of the agreement;
   2. in order to send marketing offers, questionnaires and invitations by email – only if the Ordering Party or Client agrees to receiving such communications, pursuant to Article 6 paragraph 1 letter a) of the GDPR;
   3. for servicing the Client’s account at the Store – registering an account is deemed to be giving consent to personal data processing necessary for it to be serviced by the Company (so personal data processing is based on Article 6 Paragraph 1 letter a) of the GDPR);
   4. in order to perform obligations imposed on the Company on the basis of generally applicable laws – pursuant to Article 6 paragraph 1 letter c) of the GDPR, namely when processing is necessary in order to perform the legal obligation of the controller.

3. Access to the personal data of Ordering Parties and Clients is given only to the Company’s employees within the scope necessary to properly carry out the order and to conduct marketing activities (provided that the Ordering Party and the Client have given their consent for this), as well as third parties – suppliers of services to the Company (particularly entities providing legal services, in the event of pursuing claims, entities providing accounting services for the Company, advertising agencies, suppliers of IT services and courier services). The Company does not transmit the personal data of the Client or of the Ordering Party, it does not sell the data and does not exchange the data with third parties for marketing purposes on terms other than applicable while entrusting personal data processing and sharing data in compliance with applicable laws.

4. The Ordering Party or the Client is entitled to:

1. access his/her personal data – the Client or the Ordering Party may at all times demand information on what personal data is stored by the Company;
2. transfer his/her personal data – if the Company processes personal data in an automated manner, whether with consent or through an executed agreement, the Client or the Ordering Party is entitled to receive copies of personal data in a structured, generally used and readable format;
3. amend his/her personal data – the Client or the Ordering Party may at any time demand that his/her personal data be amended if the data is incorrect, as well as to supplement incomplete data;
4. demand the deletion of his/her personal data, or to object to its processing – the Client or the Ordering Party may at any time demand the deletion of his/her personal data;
5. demand that the scope of processing be limited – the Client or the Ordering Party may at any time demand that the scope of processing his/her personal data be limited;
6. submit a complaint to the President of the Office for Personal Data Protection.

5. The possibility of exercising some of the rights described in section 4 above may be limited in connection with obligations imposed on the Company based on generally applicable laws (e.g. the need to store certain accounting documents for periods stipulated by law), in connection with an order submitted by the Ordering Party that has not yet been executed (so if further processing is necessary to perform the agreement) or in connection with possible claims that the Company may be entitled to against Clients or Ordering Parties.
6. In the case of personal data processing based on the Client’s or Ordering Party’s consent (for marketing purposes or in order to register and service an account in the Store), the Client or the Ordering Party is entitled to withdraw their consent for data processing at any time, without affecting the legality of processing performed on the basis of the consent before its withdrawal.
7. The provision of personal data by the Client or Ordering Party is voluntary, though it is a condition for the performance of the objectives described in section 2 above.
8. The Company does not process personal data in an automated manner, particularly in the form of profiling.
9. The Company processes the personal data of Ordering Parties and Clients for various periods of time: (i) resulting from generally applicable provisions of law (e.g. the need to store certain accounting documents for periods indicated by the law), (ii) for the period of validity of a given consent for marketing purposes, or in order to register and service an account in the Store (until the withdrawal of consent), (iii) for the period necessary to perform and later settle the agreement, and possible pursuit of claims under the agreement (if the Ordering Party made the purchase in the Store).