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Manufacturers

Manufacturers

Complaints

Article 32

  1. Subject to Article 557 of the Civil Code or Article 43b of the Consumer Rights Act, 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. In case of a consumer or a similar individual, the Company is liable to the Ordering Party for non-compliance of the Good with the agreement within the meaning of  the Consumer’s Rights Act, unless the Ordering Party is explicitly informed, at the moment of conclusion of the agreement at the latest, about non-compliance of a particular property of the Good with rules set out in Article 43b paragraphs 2-3 of the Consumer’s Rights Act and it explicitly and separately accepted the lack of a specific characteristic of 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 is prepared by the person making the delivery, or should notify the Company immediately, no later than on the day following the delivery date.
  2. The statutory warranty is excluded to the fullest extent possible for the Ordering Parties who are neither consumers nor similar individuals.
  3. 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 and similar individuals arising from the non-conformity of the Goods with the agreement.

 

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, to the fullest extent possible under the relevant laws, for:

  1. damages caused by the use of ordered Goods, except for liability for non-conformity of a good with an agreement arising from the provisions of the law;
  2. damages resulting from the incorrect assembly of ordered Goods, in particular, their incorrect assembly by an entity failing to meet the requirements described in Article 9 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 8 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 or in document form by e-mail to: sklep@4turbo.pl.

2.   When submitting a complaint regarding Goods, 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 (in case of a consumer or a similar individual – 14 days).

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.

5. The consumer has the right to use out-of-court complaint and claim procedures. The Company's participation in such a way of dealing with complaints and claims requires its individual consent in each case. Further information can be obtained at: https://polubowne.uokik.gov.pl/. The Company shares the link to the ODR platform: https://ec.europa.eu/consumers/odr/main/ index.cfm?event=main.home2.show&lng=EN

 

Article 37

1.   Subject to Article 560 of the Civil Code or Article 43e of the Consumer’s Rights Act, 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 receiving the declaration on reduction in price or withdrawal from the agreement.

 

Withdrawal from the agreement

 

Article 38

1.   The Ordering Party, being a consumer or a similar individual, is entitled to withdraw from the agreement within 14 days from the date of receiving the Goods, without giving any reason, by submitting a declaration to the Company 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. The Ordering Party can use a template of the declaration constituting  Attachment No 1 to the Regulations.

2.   The right of withdrawal shall not apply in the case of Goods which are not prefabricated, manufactured to the Ordering Party’s specifications or intended to meet the Ordering Party’s individual needs.

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 as long as they are returned intact (i.e. without any traces of use, in a complete state and without breaking any of the packaging), in which case the Company shall only be entitled to a refund of 80% of the price paid by the Customer,
  2. accept the returned Goods, but if they are returned in damaged packaging, the Company is only entitled to a refund of 50% of the price paid by the Purchaser.

The Company is not obliged to accept the return of the Goods and the exercise of this right is at its sole discretion. The Company may also offer a different ratio of the returned price

 

Article 39

When withdrawing from an agreement, the Ordering Party is obliged to immediately return the received Goods, no later than within 14 days from making the declaration on withdrawal. 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.   The Ordering Party shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain their nature, characteristics and functioning.

2.   The Ordering Party shall bear the direct costs of returning the Goods. The Company shall refuse to accept Goods returned by the Ordering Party at Company’s expense.

3.  The Company will reimburse the Ordering Party for the costs incurred in delivering the Goods to the Ordering Party at the rate of the cheapest usual method of delivery offered by the Company. The Company will not reimburse additional costs where a method of delivery other than the cheapest is chosen.

 

Article 41

1.   The Company shall refund to the Customer the price paid by the Customer within 14 days of receipt of the Customer's notice of withdrawal from the agreement for purchase, whereupon the Company may set off the amount to be refunded against any compensation payable to the Company in respect of any reduction in the value of the Goods as set out in Article 40.1 The Company may withhold reimbursement until it has received the Goods or received proof of their return, whichever event occurs first.

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 – in connection with the need to process personal data for the performance of the agreement, pursuant to Article 6 Paragraph 1 letter b) 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.
  5. for the purpose of establishing, pursuing and defending claims, on the basis of the legitimate interest of the administrator, i.e. on the basis of Article 6 paragraph 1 letter f of the GDPR.
  6. 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, provide account in the Store 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.
  7. The Ordering Party or the Client is entitled to:
  8. 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;
  9. 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;
  10. 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;
  11. 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;
  12. 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;
  13. 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, 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. Where processing is carried out on the basis of a legitimate interest, the person who is the subject of data shall have the right to object at any time - on grounds relating to his or her particular situation - to the processing of personal data concerning him or her. The administrator shall no longer be allowed to process these personal data unless the controller demonstrates the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of this person, or grounds for the establishment, exercise or defence of claims.

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).

10. Client/the Ordering Party can file a complaint to the supervisory authority – Prezes Urzędu Ochrony Danych Osobowych w Warszawie (The President of the Office for Personal Data Protection in Warsaw) with its seat in Stawki 2, 00-193 Warszawa, Poland.

 

 

Final Provisions

 

Article 46

The look of Goods presented in photos published in the Store may differ from their original look, and this fact cannot constitute the basis for a complaint about the Goods, as long as the Goods have no physical defects within the meaning of the Civil Code or are compliant with the agreement withing the meaning of the Consumer’s Rights Act.

 

Article 47

Some Goods available in the Store do not have or may not be admitted for use on public roads, and therefore their use infringes or may infringe the provisions of the Law on  Traffic of 20 June 1997, and of other normative acts. In addition, the use of these Goods may limit or exclude the Ordering Party’s rights under the guarantee or warranty granted to it by third parties for the vehicle in which these Goods were used. 

 

Article 48

All risks and benefits related to holding the Goods (including the risk of accidental loss or deterioration) are transferred to the Ordering Part at the moment of receiving the Goods, and, in the case of non-consumers and similar individuals, when the Goods are handed over to the carrier, insofar as the carrier has to deliver the Goods to the Ordering Party. This moment is also the moment of hand-over within the meaning of the law.

 

Article 49

1.   The company reserves the right to amend the content of these Regulations.

2.   The provisions of the Regulations applicable at the moment of placing the Order are binding for the Ordering Party, unless the Company notified the Ordering Party about amendments to the Regulations during the period from placing an order to the moment of accepting the Order. In this case, the Ordering Party may withdraw from the contract within 3 days of being notified of this change. Failure to withdraw shall be deemed to be acceptance of the amended Terms and Conditions.

 

Article 50

1.   Polish law applies to all legal relationships resulting from the agreements concluded under these Regulations. Application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 is explicitly excluded.

2.   Any disputes that may arise under the contract shall be settled by the Court having jurisdiction over the Company's registered office, except in cases where the Ordering Party is a consumer, to which the applicable legal provisions shall apply.

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CONTRACT WITHDRAWAL

Date of Update: 2024-04-12 17:43:00