TERMS AND CONDITIONS
I. General provisions
1. The entrepreneur conducting the on-line Shop at http://www.akmotorsport.net/, hereinafter referred to as “On-line Shop”, is AMS ALBERT SZYBIŃSKI, Obrońców Tobruku 31/86, 01-494 Warsaw, Poland, VAT PL5212863375, REGON 017423664, entered into the entrepreneurs’ register CEIDG.
2. The User can contact with the On-line Shop by e-mail: email@example.com or by phone: +48 502 200 190.
In the Shop are sold NEW automotive “racing” products. These parts don’t have homologation, therefore, shall not be used on public roads and to be used exclusively in competitions (ex. race course, closed special rally stages). Thus, Shop shall not have any liability whatsoever in connection with the use of the products in violation of such limits and/or in connection with the normal wear and tear and/or for problems linked to comfort or the presence of noise, vibrations or harsh riding characteristics of such products, nor shall any “Product liability” apply in such cases.
3. The Terms and conditions specify rights and obligations of the Customers, as well as right and obligations of the Seller as a managing and Shop conducting entity.
4. The terms and conditions are available in English version.
5. The Customers are obliged to follow proprietary copyrights, as well as rights resulting from the registration of inventions, patents, trademarks, utility models and industrial designs.
The definitions used in the Terms and Conditions have the following meaning:
1. Shop – on-line shop working at www.akmotorsport.net that conducts sale of the products available in its offer.
2. Owner – AMS ALBERT SZYBIŃSKI, Obrońców Tobruku 31/86, 01-494 Warsaw, Poland, VAT PL5212863375, REGON 017423664.
3. Customer – each entity making a purchase in the Shop in accordance with the content of this Terms and conditions.
4. Customer’s account – field with the data concerning the conducted transactions and a tool to perform orders submitted by the Customer.
5. Newsletter – a service offered by the Shop towards Users that is based on the sending all information concerning the Shop activity after voluntary sign up with the Customer’s email address.
6. Customer – natural person undertaking legal action with the entrepreneur that is not directly connected with the performed business or professional activity.
7. Entrepreneur – natural person, legal person or entity without legal personality undertaking legal actions in own name within the scope of business or professional activity.
8. Working days – days of the week from Monday to Friday, without the public holidays in Poland.
9. Terms and conditions – this document, it specifies the conditions and principles connected with the proper use of the services offered in the Shop and purchasing products.
III. Technical requirements to use the Shop
1. In order to use the services, the Customer shall have:
• device transferring Information and Communication Technologies data;
• Internet access;
• e-mail address.
2. The Shop gathers information in cookies files that are text files. These files do not save any personal data, they are used in an anonymous manner in order to evaluate the real interest in services offered by the Shop. Cookies are used to exchange information between Shop and User, what largely facilitate the adaptation of the offer to the expectations and preferences of each and every User of the Shop. The Customer decides about using cookies. In many cases the default settings of the Internet browser include possibility to install cookies on the User’s end device. However, User can any time change these settings.
3. The shop informs that the cookies disable made by User can have an influence on the working of the Shop.
IV. Registration and Login
1. In order to create a “Customer account” the Customer has to register and give his login, e-mail and password using a special form.
2. The password shall contain letters, numbers and/ or special characters. Each User has his own individual password. In order to change password the User shall give on the Website his e-mail address and type a new password.
3. Creating a “Customer account” is free of charge.
4. However, the registration is not obligatory to place an order in the Shop.
5. The User is obliged to give his real data.
6. The Customer is not allowed to pass his password to the account on the Website to third parties.
7. The registered Customer has the right to:
• access to status and orders’ history;
• receive individual discounts and promotion coupons;
• gain information about the actual promotions and contests;
• order the Product;
• change his personal data;
• change the password;
• check his order;
• delete his account.
8. After registration the Customer will receive an email from the Shop with link to activate his account.
9. The activation enables to login to system.
10. The Customer is not allowed to copy, modify and distribute contents, logotype’s photos without the prior consent from the authorized person.
V. Order processing
1. The shop is opened for 24 hours, 7 days a week, so the Customer is able to place his order any time he wants it.
2. The goods sold in the Shop are brand-new. The customer is not allowed to make any changes ex. structural. Any alteration of or tampering with the “racing” products may endanger their safety and any guarantee given by Shop in respect of the products will be terminated by any such alteration or tampering.
3. The placing of a specified item on the Website together with the price specification is not a sales offer, but only an invitation to a Customer for placing the offers.
4. By every product in the on-line Shop is placed information whereas the product is available for immediate shipping or the Customer has to wait a specified number of working days for a shipping the goods.
5. The offer is submitted by the Customer in an electronic form and is the offer to conclude a purchase agreement for the product placed on the Shop’s Website for the specified purchase price. An offer submitted in an electronic form binds Customer at the time when the on-line Shop promptly confirms its receipt.
6. The on-line Shop confirms receipt of the order through automatic generated e-mail that is send to a Customer. Such massage contains the suggested content of the purchase agreement, in particular: number and date of an order, information about the purchased product, price and method of payment, information about the contractual parties, place, manner and cost of delivery.
7. In case the suggested content of the purchase agreement is not consistent with the order submitted by the Customer, the Customer shall immediately (within 24 hours) inform on-line Shop about this fact by sending an e-mail with the information about the noticed differences. The on-line Shop shall promptly send Customer the corrected content of the suggested agreement.
8. The on-line Shop confirm the acceptance of the order and send a Customer next e-mail. With the receiving this message by the Customer, the purchase agreement is concluded.
9. To the sold products is attached the guarantee certificate from the producer, importer or distributor – in case producer, importer or distributor issue a guarantee on the basis of the written guarantee certificate.
10. In case of the natural persons, the Customers can be only these persons, who have a fully capacity to perform acts in law.
11. The customer submits his order as follows:
• select an item and add it to basket;
• give data to registration form or login, delivery form;
• select a payment method and delivery;
• confirm the order by choosing the button “order under payment obligation”;
• pay for the ordered products;
• Customer receive an email confirming his order;
12. The registered Customers can follow the status of their orders.
13. The User is obliged to give his real data.
14. The confirmation send to the Customer include:
• information about the Shop inclusive exact correspondence address, e-mail address and telephone number;
• name and code of the product;
• unit and total price of all products;
• order price = total products’ price + costs connected with the performing the agreement (i.e. payments and deliveries);
• delivery method – inclusive product delivery date, that won’t be longer than 30 days and additional information in case when there are any restrictions concerning the delivery ex. weight and place;
• payment method;
• information about the right of withdrawal from the contact without explanations within 14 days;
• information about the right to warranty;
• in the attachment is sent the sample of withdrawal from the contract within 14 days.
15. The Shop considers the possibility of personal receipt in the company’s office if special arrangements are made with the shop before placing the order.
VI. Payment method;
1. The customer can pay for the purchased products in respect of the submitted order as follows:
• payment via payment system PayPal.
2. The Customer is obliged to give his proper data to VAT invoice.
1. The offers that are presented in the on-line Shop are only non-binding invitations for the Customer to submit the proper purchase offer.
2. The prices that are given by the products on the Internet Website are in Euro and they include taxes and fees. The price of the product before choosing the button “basket” does not include delivery costs and other additional fees. The delivery costs and costs connected with the payment are added to the sum of the ordered products. Before placing an order, the Customer is informed about the additional costs ex. connected with the packaging. All import duties and taxes applicable on the purchase are the responsibility of the customer.
3. The final price of the order that binds the Shop and the Consumer, is a price of the product given on the Website of the Shop before submission of the order by the Consumer, together with all costs connected with the contract’s performance.
4. Information about the total value of the order (together with delivery and payment costs) is available before the Consumer chooses the option “order – transaction under payment obligation” and is confirmed in a promptly sent email to the address given by the Consumer.
1. The Customer has to choose method of the delivery that is available on the Shop’s Website:
• General Logistics Systems Poland Sp. z o.o.
• Poczta Polska Spółka Akcyjna.
2. Product delivery date is 30 days, unless delivery date will be individually specified.
In case the delivery date that is mentioned in the above sentence will be exceeded, the Consumer has the right to determine additional time to the Seller. When the product still won’t be sent, the Customer can withdraw from the agreement.
3. The deliveries are made during the working days, from Monday to Friday. The products are not delivered on weekends and public holidays.
4. The Seller is responsible for the danger of the accidental loss or damage of the products
until the time, when the Customer receives the product, unless the Consumer has chosen different method of delivery than the Shop suggested.
5. At the time of the delivery’s receipt the Consumer hast the right to check the ordered items and in case of any damages write down a protocol in courier’s presence. The protocol is not a condition of making a complaint or withdrawing from the agreement.
6. The products are delivered in countries that are given in the choice list on the Website when the order is finalized.
7. The delivery is sent to the Customer after the whole order will be compiled. When the order includes products that are not immediately available the order will be processed after all parts of the order will be gathered. In case the Customer would like to firstly become goods that are immediately available and then goods for which he has to wait, he shall submit two separate orders.
1. The Newsletter service is based on the sending new information about the Shop’s activity via e-mail.
2. The Customer uses a Newsletter service in a voluntary manner.
3. The Customer can start using the Newsletter service through entering his e-mail address in the Newsletter’s field.
4. The Customer will receive to the entered e-mail address an e-mail confirming the use of the Newsletter together with the information: “If you would like to resign from the Newsletter”.
5. The Customer can any time resign from the Newsletter service through declaring his resignation by email or changing settings in his account.
X. Right of withdrawal from the contract
This capital concerns Users who are using the Shop as Consumers.
1. The Consumer can exercise the right to withdrawal from the contract without explanations through submitting appropriate declaration in any from within 14 days after product’s receipt. In order to preserve the above mentioned date the User shall only send the declaration within this date to the address AMS ALBERT SZYBIŃSKI, Obrońców Tobruku 31 / 86, 01-494 Warsaw, Poland or to e-mail address: firstname.lastname@example.org
2. In case of the withdraw from the distance contract, the contract is considered as a not concluded. The services of the parties shall be returned in a unchanged condition. The return shall be made promptly, not later than within 14 days. The purchased product shall be returned to address: company AMS ALBERT SZYBIŃSKI, Obrońców Tobruku 31 / 86, 01-494 Warsaw, Poland.
3. The Consumer is liable for the reduction of the value of the products that results from the using a product in a different manner than it is necessary to state product’s character, features and performance of the items.
4. In case the Consumer has chosen different delivery method than the cheaper one offered by the entrepreneur, the entrepreneur is not obliged to return to Consumer costs that were additionally incurred by the Consumer.
5. The direct costs connected with the return delivery of the product in connection with the exercising the right are incurred by the Consumer, unless the Shop agreed to pay the additional costs or didn’t inform the Consumer about his right of withdrawal from the contract.
6. The Consumer is obliged to return the products not later than within 14 days from the day, when he has withdrawn from the contract, unless the entrepreneur has suggested that he will personally receive the product. In order to preserve the date the Consumer has to send back the product within the specified date.
7. In case the Consumer withdraw from the contract, the Shop will return the price of the product within 14 days from the date when the Consumer’s declaration will be received. The return will be made on the bank account specified by the Consumer. The Shop gives its written certification about the return of the services. However, the Seller can wait with the return of the payment until the returned product will be delivered. The Seller returns the payment by using the same payment method that was used by the Consumer, unless the Consumer consents to different method of the return that is not connected with additional costs.
8. The sample of the withdrawal from the contract is available on the Shop’s Website and is sent in the email confirming the order.
9. The right of withdrawal from the distance contract cannot be exercise by the Consumer in following cases of:
• service with the features specified by the Consumer in his order or strictly connected to his person;
• service, which includes an item that can be fast spoiled or has short shelf life;
• services, which include item delivered in a sealed packaging that because of the health protection or sanitary reasons cannot be return after its opening, when the packaging was opened after delivery;
• services, which include items that after delivery are inseparable connected with other item because of the nature of the item;
• services, that are adjusted to the individual requirements of the Consumer
XI. Right to warranty
1. The product offered in the Shop is covered by the 24-month responsibility of the Seller for the nonconformity of good with the contract. It can be alleged that when the Consumer submits a warranty to the Seller within 12 months from the product’s delivery, the defect of the product has already existed at the time of its delivery.
2. The Clients acknowledge and accept that due to the particular operative and environmental conditions under which the “racing” products operate during competitions, such products sold by the Shop may be subject to use under extreme conditions, which may exceed the project limits and control as set by Shop.
3. Shop‘s products shall be installed by highly qualified and competent professionals working in the “racing” field, who have been specifically trained to operate such kind of products. The Products shall be submitted to periodical maintenance. Detailed instructions for both installation and maintenance of such products are set forth in the product installation and maintenance instructions supplied with the product. Thus, Client is responsioble for compling with the instructions supplied with the product and/or in connection with their inappropriate and/or incorrect installation on vehicles and/or with the lack of or incorrect maintenance of such products, nor shall any “Product liability” or “Product warranty” apply in such cases.
4. The Seller informs that in case when the product is covered with the guarantee, the rights of the Consumer and obligations of the guarantor are specified in the guarantee certificate and shall be exercised in accordance with this document. The given Guarantee for the purchased product is an additional right and it does not exclude, limit or suspend the Consumer’s liability claim towards the Seller in accordance with the regulations about the warranty for the defects of the sold product according to Directive 2011/83.
5. The Consumer will not be liable for the warranty in case the Consumer was informed about the defect of the product at the time when the contract was concluded.
6. The complaint on the basis of the responsibility of the Seller for the nonconformity of goods with the contract shall be sent i.e.:
• by letter to the address: AMS ALBERT SZYBIŃSKI,
Obrońców Tobruku 31/86, 01-494 Warsaw, Poland,
• by email: email@example.com
7. The complaint shall include a detailed description of the nonconformity, date of its occurrence, request of the Consumer, order number and contact data, what will make easier the complaint procedure.
8. The Shop is obliged to give its opinion of the demands specified by the Consumer in his complaint promptly, not later than within 14 days from the receipt of the complaint sent by the Consumer.
9. In case the Seller does not give his opinion of the complaint within the date specified in point 6, the complaint is recognized to the benefit of the Consumer.
10. The answer to the complaint shall be sent to the given email or correspondence address of the Consumer, according to the method that has been chosen by the Consumer.
11. When the purchased product has a defect the Consumer has right to make a declaration concerning the price reduction or withdraw from the sales contract. However the Seller can within a reasonable time and without excessive inconveniences for the Consumer replace the defected Product with the product without defects or repair the defect. This limitation shall not apply when the product has been already replaced or repaired by the Seller or the Seller has not fulfilled his obligation to replace the product with the item free from defects or has not repaired the defected product.
12. The Consumer has no right of withdrawal from the contract when the defect is incidental.
13. When the sold product has a defect, the Customer has right to demand replacement of the product with the one that is free from defect or to repair the defects. The Seller is obliged to replace a defected product with the one free from any defects or repair the existing defects within a reasonable time and without excessive inconveniences for the Consumer. The Seller has the right to refuse compensation for the Consumer’s demand when the bringing the defected product into conformity with the sale contract in a way chosen by the Consumer is impossible or in comparison with the other possible method of bringing the defected product into conformity with the sale contract will require excessive costs.
14. The Seller is obliged to execute the complaint within a reasonable time without excessive inconveniences for the Consumer. The time of the repair or exchange of the product is individually established considering type of the product and defect.
15. After consideration of the complaint, the Seller will return the Consumer delivery costs connected with the complaint that were incurred by the Consumer. The Consumer shall transfer the due amount on the bank account of the Consumer or by postal order.
16. If the consideration of the complaint is connected with repair or exchange of the defected product – the Seller shall send Consumer the product at his own expense.
17. The mechanical damages – when they do not result from the product’s defects – occurred by the using the product cannot be a subject of the complaint. The complaint also doesn’t include tear of the product resulting from the normal use, as well as damages resulting from the incorrect maintenance measures.
18. The Shop gives its written certification about the return of the services.
19. The sample complaint form can be found on the Website akmotorsport.net.
XII. The principles of processing personal data
1. The terms and conditions can be found on the Website www.akmotorsport.net.
2. The Consumer can read, download the content of these Terms and conditions as well as make a copy of the document.
3. If any provision of these Terms and conditions is or will become unlawful or ineffective in any other scope in accordance with the legal provisions, it shall be cancelled only in this scope. The Terms and conditions remain binding in other scope.
4. The Shop shall change the provisions of the Terms and conditions for important reasons after previous Customers’ information in form of the publication of the consolidated text on the Website and send its content to the email address specified by the Consumer. The changed or modified Terms and conditions have binding force, after fulfilment of all other legal obligations in accordance with the law, only for legal relationships established after the changes or modifications have come into effect.
5. The changes of the Terms and conditions shall not violate any acquired rights of the Consumers who have used the Shop before the date when the changes come into effect.
6. In case the Buyer is a Consumer any disputes arising from the Terms and conditions or sale contracts can be settled by the mediation (more information can be found here: http://www.konsument.gov.pl/pl/eck-w-europie.html ) or resolve by the common court of law competent for the Consumer’s seat.
7. In case the Buyer is an Entrepreneur any disputes arising from the Terms and conditions or sale contracts shall be resolved amicably by the arbitration court or common court competent for the Owner’s seat.
8. In case the Buyer is NOT a Consumer, the on-line Shop is released from the liability for the warranty.