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Article 32
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:
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:
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
2. The Company collects and processes personal data of Ordering Parties and Clients for the following purposes and on the following bases:
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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Aktualisierungsdatum: 2024-06-18 10:57:00