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PURCHASE REGULATIONS OF 4TURBO SP. Z O.O. STORE

General Provisions

Article 1

Every time the following terms are mentioned in these Regulations:

  1. Client – means an individual with full legal capacity, using the Store and capable of placing an order in the Store on the terms and conditions specified in the Regulations;
  2. Civil Code – means the Civil Code of 23 April 1964;
  3. Consumer Rights Act – means the Act of 30 May 2014 on Consumer Rights;
  4. Consumer – means a consumer within the meaning of Article 22of the Civil Code
  5. Account, User Account - a free service provided electronically by the Company, the subject of which is to maintain the Client’s data and orders in the Store and to allow Client to place orders using such data, available after providing credentials by the Client;
  6. Similar individual – means a natural person concluding a contract directly related to his/her business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, provided that in a given case the provisions applicable to consumers apply to that person;
  7. Purchase Regulations of 4Turbo Sp. Z o.o. or Regulations – means these Regulations, available on the Company’s website in a manner allowing it to be downloaded, replayed and recoded, amended and modified from time to time;
  8. Call Centre – means the phone service for Ordering Parties and Clients, performed by the Company’s employees providing additional information to Ordering Parties and collecting, verifying and confirming the acceptance of orders on behalf of the Company – available at telephone number: +48 32 356 75 80;
  9. Store – means the Company’s website available at: www.4turbo.pl;
  10. Company – means 4TURBO Spółka z ograniczoną odpowiedzialnością, with its registered office in Katowice, 40-541, at Rzepakowa 1A, entered in the commercial register of the National Court Register maintained by the District Court for Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register, under number KRS 0000247313, with a share capital of PLN 2,000,000, paid up in total, statistical ID No (REGON): 240 237 294, TAX ID NO (NIP): 954 253 57 59;
  11. Goods – mean products, materials and goods placed in the Store, designated for sale;
  12. Ordering Party – means a Client who has submitted an Order;
  13. Order – an offer to purchase the Goods by the Ordering Party made to the Company by completing and submitting the order form;

 

Article 2

  1. It is possible to contact the Company in the following manner:
  2. by telephone – by calling the telephone number of the Call Centre during its working hours,
  3. by e-mail - to the e-mail address: sklep@4turbo.pl,
  4. via:
    1. online chat accessible in the widget visible in the Store and operated by the tawk.to platform;
    2. chat with the Company's official profile on Instagram and Facebook, to which a link is provided in the Store, operated by Meta Platforms Inc.,
    3. chat with an employee of the Company at the telephone number indicated in the Store on the Whatsapp platform, operated by WhatsApp LLC.
  5. The services indicated in section 1, item 3:
  6. guarantee the preservation of written correspondence between the Company and the Customer, including the date and time of such correspondence - in the case of section 1, item 3, letter a, in order for the Customer to retain a copy of the correspondence, it is necessary for the Customer to provide an e-mail address to which a copy of the conversation with the Company will be sent,
  7. meet the requirements of a durable medium,
  8. make it possible to contact the Company quickly and efficiently
    1. Contact is possible during the working hours of the Call Centre. Client may, in the case of a written form, send a message outside of these hours. In such a case, the reply will be sent during the working hours of the Call Centre.

 

Article 3

1.   All intellectual property rights, particularly trademarks, copyrights and moral rights to works, constituting in particular graphic elements, concept (layout) or technical elements (information recorded in the Store’s source code) to which the Company is entitled and that are protected under the Act on Copyrights and Related Rights of 4 February 1994. Using these works, constituting the Store’s content, in a way that is misleading with regard to the authorship of all or part of the works, or copying or storing all or part of the Store’s content, disseminating works without publishing the surname or nickname of the author and disseminating works without the Company’s consent as the party holding copyrights and moral rights for purposes other than private and non-commercial ones, will result in an infringement of the rights of the Company and constitutes the basis for pursuing claims resulting from that infringement.

2.   Producers of goods offered in the Store are exclusively entitled to copyrights and author’s moral rights to graphic signs identifying them in the Store, as well as to all to other proper names of these producers.

 

Article 4

  1. Any information contained in the Store and given by the Call Centre does not constitute an offer within the meaning of the Civil Code, but only an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code. By submitting an Order, the Ordering Party makes a purchase offer for certain Goods on the terms and conditions defined in its description, subject to the Company’s acceptance.
  2. The purchase and sale agreement is concluded only after confirmation of the Order by the Company, or, if the Regulations indicate a different date – on that date.
  3. The Company reserves the right to refuse to perform Orders, in particular, if the Goods are not available in the stock at the time.
  4. The provisions of the Regulation relating to Similar individuals shall apply to them only if the relevant laws prescribe the application of the legal provisions relating to consumers to such Similar individuals.

 

Article 5

Submitting an Order indicates that the Ordering Party has read and accepted the provisions of these Regulations.

 

Article 6

  1. Only adults with full legal capacity may use the Store.
  2. The Client is obliged to refrain from any activity that could affect the proper functioning of the Store, in particular, from any interference with the Store’s content. The Client is prohibited from submitting any illegal content.
  3. Using the Store, including placing additional orders and registering an Account, requires meeting the following technical requirements:
  4. having access to a computer, laptop or other electronic equipment with internet access,
  5. having access to email,
  6. holding an internet browser in a version that serves the Store.
  7. The Company performs sales services through the Store, and in the case of registering and using an Account, also the possibility of following the order status.
  8. The Company states that, while the Client uses the Store, information regarding the Client is automatically collected, including IP address, domain name, browser type, and operating system type. This information is collected in the form of text files, stored on the Store’s users terminal equipment (cookies).
  9. The Store uses two types of cookies: session cookies and persistent cookies. Session cookies are temporary files stored in the Client’s terminal equipment until logging out, leaving the website or switching off the software (an internet browser). Permanent cookies are stored in the Client’s terminal equipment for the terms described in the cookies’ parameters, or until deleted by the Client.  
  10. These files allow for the later identification of the Client in the case of repeated connections from the computer on which they are saved. Cookies are used by the Store for the following purposes: maintaining the sessions of a logged-on Client, in order to facilitate the use of the Store’s resources by the Client, in order to adjust the Store’s layout to the expectations of the Client, in order to monitor the traffic on the Store’s websites, including comparing the frequency of using certain resources by the Clients.
  11. Cookies do not cause any configuration changes in the equipment or in software installed in the Client’s equipment.
  12. The Client may decide not to agree to the use of cookies (blocking cookies), which will in the future disable the storing of cookies in the Client’s equipment. A Client who does not agree to the use of cookies (who blocks cookies) should select the applicable settings in the website browser being used. The process of giving consent for the use of cookies varies depending on the browser used by the Client.
  13. A Client who wishes to delete existing cookies should select the applicable settings in the website browser used, or should delete these cookies manually. The process of deleting cookies varies depending on a browser used by the Client. Blocking or deleting cookies may cause difficulties with the use of the on-line Store, and in some cases it may disable the use of some of its options.
  14. The Company uses Google Analytics, which is a system for internet analysis, allowing the Company to see data regarding traffic and interest in the Store, as well as Client information (including, for instance, data regarding the Client’s age and gender). The information is used by the Company in order to adjust the Store’s functionality to the expectations of individuals using the store, to create viewing statistics, and to improve the accuracy of search results in order to monitor traffic on the Store’s websites.
  15. Clients who want to remove their data from Google Analytics (who do not agree to their personal data being processing by this system) should block cookies files as described in section 9 above, and are entitled to have their data removed from the database in Google Analytics (option available at: https://tools.google.com/dlpage/gaoptout).

 

The Goods

 

Article 7

  1. The Company declares that the Goods sold by the Store are newly manufactured (subject to section 2), free of any physical and legal defects.
  2. The Company may also sell used Goods, coming from disassembly. In this case, the Goods shall be marked in the Store as coming from disassembly and their condition shall be described.

 

Article 8

  1. Some Goods offered by the Store are specialised components and parts of vehicles used in vehicles designated for use outside of public roads within the meaning of the Act on Public Roads of 21 March 1985, in particular on circuits and in enclosed sections.
  2. Each Good shall be marked as being either for specialised use (outside of public roads) or for road use (where a Good may be used on public roads). In the absence of an appropriate marking, it should be assumed that the Goods are intended for specialised use.  

 

Article 9

1.   The Goods sold in the Store may only be assembled in vehicles by specialist car mechanic garages with the applicable equipment and accessories, employing qualified personnel and meeting other conditions of their assembly.

2.   The Company deals solely with the sale of Goods, and is not liable for the actions of garages described in section 1.

3. The Company also does not provide any advice on how to assemble the Goods, nor does it instruct on how to do so. The Ordering party is solely responsible for the correct assembly of the Goods.

4. The Ordering Party is solely responsible for the selection of the Goods, including their fitness to the Ordering Party's needs. The Company shall not be liable for any mismatch between the Goods and the Ordering Party’s needs, including where the Goods cannot be fitted to the Purchaser's car for technical reasons. The Ordering Party may, prior to placing the Order, inquire the Company about the suitability of the Goods for their intended use. The information provided by the Company is for reference only and is based solely on the data provided by the Ordering Party. The Company is not responsible for its accuracy, in particular in the event that the Ordering Party has failed to provide any relevant information or has provided false, incomplete or misleading information.

 

Article 10

The Goods may be used in a certain country if it has relevant licence. The Company does not guarantee that the Goods may be used in any particular country, except for Republic of Poland if it is indicated that a Good is intended for road use, but only for consumers and Similar individuals.

 

Article 11

The Goods offered for sale by the Store at the Client’s individual order are not subject to return or replacement, subject to rights of consumers and similar individuals.

 

 

Placing and performance of an Order

 

Article 12

1.   The Store operates 24 hours a day, except for breaks caused by technical reasons (e.g. a server failure or maintenance). The Company does not guarantee availability of the Store in any dates and can, without prior notice, conduct maintenance and limit Store’s availability in other ways.

2.   The Call Centre operates from Monday to Friday between 09:00 and 17:00, except for statutory holidays. The Company may, upon prior notice in the Store, suspend Call Centre operations at other times.

 

Article 13

Orders placed in the Store are verified and confirmed during the Call Centre’s working hours.

 

Article 14

An order is performed as long as its acceptance is confirmed by the Call Centre employees.

 

Article 15

The Order is accepted provided that the form is completed correctly, meaning that at least the obligatory fields in the form must be completed. The Client may also use the Store upon registering (creating a User Account), which is served by the Store free of charge and the agreement is made for an indefinite time. The Client may withdraw from the agreement for maintaining an Account at any time with immediate effect, by notifying the Company about this. The Company may also terminate the agreement with immediate effect, with the exception of consumers and similar individuals, in relation to whom one month’s notice of termination is possible, while termination with immediate effect, with a prior request to remedy infringements within 7 days, applies in the event of a breach of the Regulations. Entering into an agreement for maintaining an account takes place at the moment when the Client receives the registration form at the email address indicated by the Client.

 

Article 16

1.   The Store sends confirmation to the Ordering Party within one day from the date of receipt of the Order of Goods.

2.   If the deadline is on a day when the Call Center is not in operation, the deadline shall be on the first day of operation of the Call Centre.

3.   Confirmation that the Order form was sent will be delivered by email to the email address given by the Ordering Party in the Order.

 

Article 17

  1. Confirmation of the acceptance or refusal of the Order will be delivered within one day from the Order placement confirmation date, by email to the email address given by the Ordering Party in the Order.
  2. If the deadline is on a day when the Call Center is not in operation, the deadline shall be on the first day of operation of the Call Centre.

 

Article 18

The Order acceptance confirmation contains:

  1. the Order number – a number given by the Store to the Order submitted by the Ordering Party,
  2. confirmation of information regarding the Ordering Party
  3. the Order performance date,
  4. the amount of any advance payment, if required,
  5. possible additional costs, including delivery costs, charged in accordance with the current costs indicated in the Shop.

 

Article 19

The Store may refuse to accept an order in particular if:

  1. the Ordering Party incorrectly completed the Order form,
  2. some other circumstances occur that make Order performance impossible or difficult(e.g. no access to Goods).

 

Article 20

  1. Order performance dates, understood as the dates of dispatching ordered Goods to the Ordering Party, are as follows:
  2. with regard to Goods held in the Store’s stock – on the next business day after conclusion of the contract;
  3. with regard to other Goods – the performance date is agreed with the Ordering Party each time;
  4. due to certain special needs of the Ordering Party, an order may be performed faster – as an express order. Conditions for an express order, and the amount of additional fee related to the performance of the express order are agreed individually with the Ordering Party.
    1. The delivery time of the Goods depends on the delivery option selected by the Ordering Party. The expected delivery time is displayed in the Store.

 

Article 21

  1. The Ordering Party may submit an order for goods not included in the Store’s offer, concerning a similar range of goods – hereinafter the “Individual Order.”
  2. Individual Order is placed by an e-mail.
  3. An Individual Order is performed under a separate agreement entered into with the Company, in the event of the Company being able to perform the Individual Order, in particular taking into account the availability of Goods subject to that order. The Company may refuse accepting such an order without any justification.
  4. In case of Goods which are marked in the Store as unavailable in the stock, order for them is processed as a Special Order and requires an advance payment.

 

Entering into an agreement

 

Article 22

An agreement is entered into:

  1. when an Order is performed without the obligation on the Ordering Party to make an advance payment – at the moment of confirming the acceptance of an order
  2. when an Order is performed with the obligation on the Ordering Party to make an advance payment – at the moment when the full amount of the advance payment is received in the Company’s bank account given in the confirmation of accepting the order; failure to make an advance payment on time results in non-conclusion of the agreement.

 

Methods and costs of delivery

 

Article 23

1. Ordered Goods will be delivered by:

  1. courier to the address indicated by the Ordering Party:
    1. prepaid
    2. cash on delivery (payment for the Goods on collection by the Ordering Party)
  2. personal collection of Goods by the Ordering Party.

2. Personal collection of a Good takes place in the registered office of the Company, during hours indicated in the information about Goods readiness for collection.

 

Article 24

Delivery costs are the costs of shipping the Goods to the Ordering Party.

 

Article 25

  1. The costs of delivery of the Goods are indicated in the Store in “Shipment and payment” subpage.
  2. In case of an order paid using PayPal, an additional commission is collected (3,75%). The commission is born by the Ordering Party.
  3. In the case of delivery of Goods weighing more than 30 kg or measuring more than one of the specified values (200×80x80mm), the delivery costs of the Goods are determined individually.
  4. The costs of delivery described in this Article 25 will be indicated in the order acceptance notification.
  5. Except for contracts with consumers and similar individuals, the Company is not liable for delays and damages caused by the courier.

 

Price and payment conditions

 

Article 26

  1. All amounts given in the Store are gross amounts and include VAT, subject to section 2.
  2. In case of the Ordering Parties who are VAT payers with their registered office outside the Republic of Poland within the territory of the European Union and registered as EU VAT payers and Ordering Parties with their registered office outside the European Union - with an Account verified by the Company, who are logged into their Account, the amounts are presented without VAT. All taxes and duties shall be paid by the Ordering Party in the country of delivery.
  3. The Company and the Ordering Party shall be bound by the price indicated in the confirmation of sending of the Order form. However, in the case of Special Orders, this price is subject to change until the Company confirms acceptance of the order, of which the Ordering Party will be informed. The Ordering Party may agree to the price change within 3 days of receiving such information and failure to agree shall result in the contract not being concluded.

 

Article 27

  1. Before sending (releasing) Goods, the whole Order must be paid for in advance, unless the purchaser opted for cash on delivery, in which case in which case release of the Goods by the carrier shall take place against payment of the entire price. The obligation to pay the advance payment, if required, shall not be affected. The moment of payment shall be understood as the moment the Company's bank account is credited, if it is made by transfer.
  2. In case when the order is not paid for 7 days since receiving the confirmation of the acceptance of the Order, the Company shall be entitled to withdraw from the agreement within a period of 14 days, with prior request for payment of the Order within 3 days of receipt of the request, which shall be without prejudice to its rights under the law, unless personal collection or cash on delivery has been selected.

 

Article 28

1.  The Company may require an advance payment for Individual Orders and Special Orders. The amount of the advance payment is specified by the Company in the order acceptance confirmation and does not exceed 100% of the value of the ordered Goods.

2.   An advance payment may be made in the manner specified in § 29 within 3 days of receipt of the order acceptance confirmation, unless stated otherwise in the order acceptance confirmation. The moment of payment shall be understood as the moment the Company's bank account is credited, if it is made by bank transfer.

 

Article 29

  1. The price for the Order may be paid, in accordance with the form selected by the Ordering Party in the Order form, in the following manner:
    1. in cash at the Company's cash desk during the opening hours of the Call Centre;
    2. by transfer to the Company's bank account;
    3. via PayPal;
    4. via imoje.pl;
    5. upon collection of the Goods at the Company's registered office.
  2. The Operator of the service referred to in section 1 item 2-4 may charge additional commissions for making the payment. Such commissions shall be borne by the Ordering Party.

 

Article 30

1.   The ordered Goods will be handed over to the Ordering Party provided that the whole price and delivery costs have been paid. Refusal of payment authorises the Company to terminate the contract immediately within 7 days, which does not preclude any rights of the Company arising from the relevant laws. In the case of personal collection, the Order shall await collection for 14 days from the date of receipt of notification of readiness for collection by the Ordering Party. Failure to collect the Order within this period shall entitle the Company to withdraw from the agreement within the following 14 days, upon prior request to collect Goods in next 7 days, without prejudice to its rights under the law.

2.   At the Ordering Party’s request, the Store will send a hard copy of a VAT invoice together with ordered Goods. If no request is made for such an invoice, a VAT invoice is sent by email to the email address given by the Ordering Party. Acceptance of these Regulations constitutes consent for sending (submitting) invoices in an electronic form within the meaning of the Act on Goods and Services of 11 March 2004, on the terms described in the Regulations.

 

Changes to the Store’s range of Goods

 

Article 31

The Company reserves the right to make changes to the Store’s range of Goods and to change the prices of Goods.

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.

 

 

 

 

Date of Update: 2024-04-12 17:45:00