TERMS AND CONDITIONS FOR
THE WWW.PMCMOTORSPORT-SHOP.COM ONLINE SHOP
by the legalniewsieci.pl legal services website
1. GENERAL PROVISIONS
- These Terms and Conditions shall govern all use of the Online Shop at www.pmcmotorsport-shop.com by all Users.
- The Terms and Conditions stated herein set forth: the type, scope, and conditions of rendering electronic services through www.pmcmotorsport-shop.com; the conditions of concluding and terminating Electronic Sales and Product Sales Agreements as well as the complaints procedure.
- By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
- To all matters not settled herein the following provisions of Polish law shall apply:
- Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
- Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827)
- Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016 (U. 2016, item 1823),
- Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
2. DEFINITIONS FOR THESE TERMS AND CONDITIONS
- ORDER FORM – shall refer to the electronic form available at www.pmcmotorsport-shop.com, required for Order placement.
- CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
- CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
- NEWSLETTER - refers to the free e-mail information service available by subscription and allowing Users to receive updates on the Services available on the Website from the Service Provider.
- PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the Shop.
- TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
- SHOP − shall mean the Service Provider’s online Shop located at www.pmcmotorsport.com.
- SELLER, SERVICE PROVIDER – Elżbieta Jędrzejowska trading as „OLA – parts” Elżbieta Jędrzejowska, registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business and address for service: Fabryczna 3, 25-818 Kielce, tax identification number NIP: 8172048250, statistical number REGON: 260643268, email address: firstname.lastname@example.org, telephone number: +48 730 880 131.
- SYSTEM OF REVIEWS - shall refer to an electronic service enabling Customers to evaluate the quality of services and transactions rendered through the Shop.
- SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
- ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.
- USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
- ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
3. PRODUCT AND ORDER INFORMATION
- The pmcmotorsport.com online shop conducts wholesale and retail sales within Poland.
- The Seller represents and warrants that all Products are brand new, free and clear of all liens or other encumbrances of any kind and in full compliance with all applicable laws. The Products are parts for motorsport and require professional assembly and specialized knowledge in this field.
- The information provided on pmcmotorsport.com does not constitute an offer to sell products or services as defined by applicable law. By placing an order the Customer makes an offer to buy a Product under the terms set forth in the Product description.
- The Product prices at www.pmcmotorsport.com are given in euro (EUR) and include all measurable costs, such as Value Added Tax (VAT). Orders shipped to countries outside the European Union may be subject to customs and additional taxes counted in accordance with the prevailing tax regulations of the country of destination. Further information can be acquired by contacting a competent customs or duty agency. The prices do not include delivery fees.
- The Product prices at pmcmotorsport.com only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
- Customers may place Orders:
- through the website 24 hours a day, 365 days a year by completing an Order Form at www.pmcmotorsport.com.
- via email at email@example.com.
- Customers are required to read and acknowledge these Terms and Conditions during order placement.
- Orders are processed between 07:00 and 13:00 on working days. Orders placed on Working Days after 13:00 on a Saturday, Sunday or a public holiday shall be processed the next Working Day.
- Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received until the Products are sold out.
4. CONCLUDING SALES AGREEMENTS
- In order to conclude a Sales Agreement, the Customer must place an order through one of the methods made available by the Seller and in accordance with the rules set forth under 3 points 6 and 7.
- After the Order has been placed, the Seller immediately confirms its receipt.
- Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation is sent to the Customer via email.
- The Order confirmation email shall include the following elements:
- confirmation of all relevant Order details
- model statement of withdrawal from the agreement
- information on the right of withdrawal
- these Terms and Conditions.
- After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.
- Each Sales Agreement shall be confirmed by a proof of purchase (a VAT invoice) attached to the package.
5. METHODS OF PAYMENT
- The following payment options are made available to the Customer:
- traditional bank transfer to the Seller’s bank account,
- electronic payment (pl),
- Traditional bank transfers should be made into the following bank account: PL20 1940 1076 3179 0554 0000 0000 (Bank Credit Agricole Bank Polska S.A.), “OLA - parts” Elżbieta Jędrzejowska, Fabryczna 3, 25-818 Kielce, NIP: 8172048250. The Customer should enter the following in the payment title: “Order no. …..”.
- All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
- The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 Working Days of its conclusion unless indicated otherwise in the Sales Agreement.
- The Product shall be dispatched only after full payment is received by the Seller.
6. DELIVERY COST, TIME AND METHOD
- Delivery charges shall be stated at the time of ordering and are dependent upon the payment and delivery method were chosen. For some Products and countries of delivery, the delivery cost shall be agreed individually with the Customer.
- In the case of delivery to the country specified in the Store as "Other", the Customer is obliged to email contact with the Seller PMC Motorsport in order to determine the cost of shipping, before submitting the Order.
- The delivery time depends on how long it takes the Seller to process an order and how long it takes the carrier to deliver the Product to the Customer once it is shipped.
- The Order processing time takes 1 to 2 Working Days.
- According to the standard delivery time stated by the carrier, the Product delivery takes 1-3 Working Days (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
- All Products are sent via a courier company (GLS, UPS).
7. COMPLAINTS PROCEDURE
- Warranty process:
- All Products sold through the Shop are covered under the manufacturer’s warranty which is applicable within the territory of the Republic of Poland.
- The warranty period is 12 months from the date of delivery.
- Proof of purchase (VAT invoice) is required to validate any warranty claims.
- The warranty does not cover wear parts (bearing).
- The warranty does not cover improper assembly or damage caused by improper use of the Product.
- Manufacturer’s warranty does not override any entitlements arising from the statutory warranty for physical or legal defects, set out in the Civil Code.
- Statutory warranty process
- The legal basis and the extent of the Seller’s liability for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
- A Product is also considered as defective if it was improperly installed or launched by the Seller, any third party acting under the Seller’s responsibility or by the Customer if he received improper instructions from the Seller. The Customer shall bear liability for installing and launching the Product contrary to the instructions received from the Seller.
- Notice of a Product defect and all statutory warranty claims should be submitted via email to firstname.lastname@example.org or in writing to the following address: Fabryczna 3, 25-818 Kielce. Sending the claim via email will significantly speed up complaint handling.
- All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose, a photograph as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
- Where inspection is deemed necessary to determine the scope of the defect, the Seller undertakes to have a courier pick up the defective Product from the address given by the Customer (door to door).
- The Seller shall respond to the complaint promptly and in any event no later than within 14 days following the date of receipt.
- In the case of claims submitted by consumer Customers - the Seller’s failure to consider the Customer’s claim within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favor. If a claim is decided in favor of the Customer the Seller shall bear all costs and expenses incurred in connection with the receipt, delivery, and replacement of the defective Product with a new one, free from any defects.
- Response to the complaint is delivered to the Customer on paper or other tangible media.
- The Seller may refuse to satisfy the Customer’s claim, if it is impossible to bring the Product into conformity with the Sales Agreement in accordance with the method chosen by the Customer’s or if this would incur excessive costs (in comparison with a less expensive method available).
8. RIGHT TO WITHDRAW
- Consumer Customers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller). The statement can be created with the document generator available at TUTAJ.
- In the case of withdrawal from a Sales Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, the Customer must return the Product to the Seller or any person authorized by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to collect the Product from the Customer. To comply with the time limit it is sufficient that the Product is dispatched on time.
- In case of withdrawal from a Sales Agreement, the Product should be sent to the following address: ul. Fabryczna 3, 25-818 Kielce.
- The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
- With the reservation of points 6 and 8 of this chapter, the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
- The Seller shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Shop.
- If the seller doesn’t offer to pick up the return from the Consumer himself, the Seller may withhold reimbursement until he has received the Product back or the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
- The Consumer who withdraws from a Sales Agreement under point 1, must only bear the direct cost of returning the Product to the Seller.
- The “cooling-off” period expires 14 days after the day the Consumer received the Product, or after the day of concluding an agreement for the provision of services.
- The right of withdrawal, in any event, does not apply to Sales Agreements for the supply of:
- products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
- products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.
- Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfill its obligations under the Agreement within the set deadline.
9. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
- The provisions of this chapter apply only to non-consumer (business) Customers
- The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 Working Days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
- The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
- The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer upon shipment of the Product from the Seller. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
- Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
- The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.
10. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider grants access to the following Electronic Services:
- concluding Product Sales Agreements
- using Newsletter,
- using the System of Reviews.
- These Terms and Conditions shall apply to all Electronic Services provided through www.pmcmotorsport-shop.com.
- The Service Provider reserves the right to display advertising content at www.pmcmotorsport-shop.com. Advertisements are an integral part of the online Shop front and the materials presented therein.
11. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth under 10 point 1 of these Terms and Conditions are free of charge.
- Term of the agreement:
- Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
- Electronic Services Agreement for using the Newsletter is concluded for an indefinite period of time.
- Electronic Services Agreement providing the User access to the System of Reviews is concluded for a definite period of time and terminates when the user submits a review or ceases to use the service.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computer with an active Internet connection,
- email account,
- Internet browser,
- The User agrees to use the online Shop in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- User is prohibited from providing any unlawful or illegal content.
12. COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
- Complaints about Electronic Services provided via www.pmcmotorsport-shop.com should be submitted via email to email@example.com.
- All complaints should contain sufficient detail about the matter that is at issue. Specifically, complaints should include circumstances, the nature of the complaint, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
- All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred methods of contact indicated by the complainant.
13. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. Newsletter) may be terminated.
- The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: firstname.lastname@example.org.
- The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- The Electronic Services agreement may be terminated at any time by mutual agreement of the parties.
14. INTELLECTUAL PROPERTY
- The compilation of all content at pmcmotorsport.com (with the exception of § 14 point 3 as well as the elements whose rights have been licensed or assigned) is the exclusive property of Elżbieta Jędrzejowska trading as “OLA – parts” Elżbieta Jędrzejowska, principal place of business and address for service: ul. Fabryczna 3, 25-818 Kielce, NIP: 8172048250, REGON: 260643268. The User shall bear all liability for damages resulting from their use of the content of the website www.pmcmotorsport-shop.com without the consent of the Service Provider.
- Any use or reproduction of the content of the website www.pmcmotorsport-shop.com or any portion thereof without the express written consent of the Service Provider constitutes copyright infringement and is punishable under civil and criminal law.
- All trade names, product names, company names or logos mentioned on www.pmcmotorsport-shop.com may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions, and photos presented on pmcmotorsport-shop.com are for information purposes only.
15. FINAL PROVISIONS
- Agreements concluded through the Shop are construed in accordance with the laws of Poland.
- Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
- Any disputes arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this paragraph.
- Judicial dispute settlement procedures:
- Any disputes arising between the Service Provider and the consumer User shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
- Consumers may use Alternative Dispute Resolution schemes, in particular by submitting a complaint through the Online Dispute Resolution (ODR) online platform available at http://ec.europa.eu/consumers/odr/.