Terms and conditions
2. GENERAL TERMS AND CONDITIONS
3. PROVISION OF ELECTRONIC SERVICES
4. SALES AGREEMENTS’ CONDITIONS
7. RIGHT OF WITHDRAWAL
8. RETURNS AND COMPLAINTS
9. FINAL TERMS AND CONDITIONS
1.1 Password – a string of alphanumeric characters necessary for authorization to gain access to the account, determined independently by the Customer during the registration process.
1.2 Customer – a person with full legal capacity, and in cases provided for by generally applicable regulations also a person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity and which intends to conclude or has concluded a Sales Agreement or an Electronic Services Agreement.
1.3 Civil Code – the Civil Code Act of April 23rd, 1964.
1.4 Consumer – a person for whom a Sales Agreement or an Electronic Services Agreement is not directly related to its economic or professional activity.
1.5 Account (Customer’s account) – a store’s subpage which gathers, among others, information about Customer orders in the Online Store.
1.6 Product – a movable item, the subject of the sales agreement between the Customer and the Seller, available in the Online Store.
1.7 Regulation – a regulation of the Online Store.
1.8 Registration – a one-time operation, which consists of creating an account by the Customer and uses the registration form provided by the Seller on the Store’s website.
1.9 Online Store – an online store of the Seller available here: https://track-motor.com through which the Customer may conclude a Sales Agreement or an Electronic Services Agreement.
1.10 Seller – Krak Mirosław Michał, TRACK MOTOR SP. Z.O.O. (Adama Mickiewicza 17/5, 05-820 Piastów, Poland) entered into Poland’s Central Registration and Information on Business, TIN: 1132957652, CRO certificate: 368949383, KRS Number: 0000708434, Email address: [email protected]
1.11 Website – a Service Provider, a Seller or a Customer.
1.12 Sales Agreement – the Product Sales Agreement within the meaning of the Civil Code concluded via the Online Store.
1.13 Electronic Service – a service provided electronically by the Service Provider via the Online Store.
1.14 Service Provider – Krak Mirosław Michał, TRACK MOTOR SP. Z.O.O. (Adama Mickiewicza 17/5, 05-820 Piastów, Poland) entered into Poland’s Central Registration and Information on Business, TIN: 1132957652, CRO certificate: 368949383, Email address: [email protected]
1.15 Order – a Customer’s declaration of intent aiming directly at the conclusion of the Product Sales Agreement and defining its essential terms.
2. General terms and conditions
2.1. The provisions of these Regulations are not intended to exclude or limit any of the Customer’s rights entitled to him by virtue of mandatory provisions of law. In the case of non-compliance, priority is given to the provisions of law.
2.2. These Regulations define the rules of using the Online Store by customers.
2.3. These Regulations are the Regulations referred to in article 8 of the Act of July 18th, 2002 on Providing Services by Electronic Means, and also regulates the conditions of the Sales Agreements in the Online Store.
2.4. The online store’s owner:
Krak Mirosław Michał, TRACK MOTOR SP. Z.O.O. (Adama Mickiewicza 17/5, 05-820 Piastów, Poland) entered into Poland’s Central Registration and Information on Business, TIN: 1132957652, CRO certificate: 368949383, Email address: [email protected]
2.5. The Service Provider provides the following Electronic Services via the Online Store:
2.5.1. Customer’s account in the Online Store.
2.5.2. An interactive form that allows Clients to place orders in the Online Store.
2.6. The minimum technical requirements necessary to cooperate with the ICT system used by the Service Provider:
2.6.1. A computer with Internet access.
2.6.2. Access to email.
2.7. The customer is prohibited from providing unlawful content.
2.8. The customer is obliged to to enter data consistent with the actual state.
2.9. The Customer is obliged to use the Online Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
2.10. The use of Electronic Services in a way that unlawfully disrupts the functioning of the Online Store by using specific software or devices and sending or placing unsolicited commercial information in the Online Store is forbidden.
2.11. In order to ensure the security of message transmission, the Service Provider shall take technical and organizational measures appropriate to the degree of threat to the security of the provided Electronic Service.
3. Provision of Electronic Services
3.1. The Service Provider undertakes to provide Electronic Services in terms of and under the conditions specified in these Regulations.
3.2. Provision of Electronic Services by the Service Provider is free.
3.3. Terms and Conditions of the Electronic Services Agreements:
3.3.1. The Electronic Services Agreement, consisting in keeping an account by the Customer in the Online Store, is concluded at the time of registration.
18.104.22.168. To register, it is necessary to provide the following data in the registration form: the correct Email address and a password.
3.3.2. The Electronic Services Agreement, consisting in providing an interactive form enabling the submission of an Order in the Online Store, is concluded at the time of starting to use the above-mentioned Service (adding the Product to the Shopping bag).
3.4. The Electronic Services Agreement, consisting in keeping an account by the Customer in the Online Store, is concluded for an indefinite period of time.
3.5. The Electronic Services Agreement, consisting in providing an interactive form which allows making an Order in the Online Store, is concluded for a definite period of time and is terminated at the time of placing the Order.
3.7. Termination of the Electronic Services Agreements:
3.7.1. The Customer may terminate the Electronic Services Agreement concluded for an indefinite period of time at any time and without indication of reasons, with a 7-day notice period.
3.7.2. The Service Provider may terminate the Electronic Services Agreement concluded for an indefinite period of time in case of violation of the Regulations by the Customer, especially in case of providing illegal content. Violation of the Regulations must be objective and unlawful. The termination may be filed after an unsuccessful, at least one call to cease or remove violations. Termination of the agreement takes place in this case with a 14-day notice period.
3.7.3. Termination of the Electronic Service Agreement concluded for an indefinite period of time by both Parties does not violate the rights or benefits acquired by the Parties during the term of the agreement.
3.7.4. Independently from the above provisions, the Parties may terminate the Electronic Services Agreement at any time by mutual agreement between the both sides.
4. Sales Agreement’s Conditions
4.1. Advertisements, price lists and other information about the Products provided on the Online Store websites constitute an invitation to enter into an agreement, within the meaning of article 71 of the Civil Code.
4.2. The Product price is given in Polish currency and includes all components, including VAT tax and customs duties. However, the prices of the Products do not include delivery costs which are indicated when placing the Order and are available on the Online Store website.
4.3. The Product price is binding at the time the Customer places an Order. This price will not change regardless of the price changes in the Online Store, which may occur in relation to individual Products after the Customer orders.
4.4. In order to conclude the Product Sales Agreement using an interactive form, please go to the Online Store website, select the Product and place the Order.
4.4.1. To place the Order, please indicate the following necessary data: name and surname, address (street name, house number, city and postal code), country, telephone number, Product, place and method of delivery and method of payment.
4.5. Placing an Order using an interactive form takes place when you click on “Place an order”.
4.6. After placing the Order, the Seller immediately (1) confirms its receipt and (2) accepts the Order for implementation- at this time the Sales Agreement is concluded. Confirmation of receipt of the Order and acceptance of it for implementation takes place by sending the appropriate message to the e-mail address provided during the ordering process.
4.7. When placing the Order using an interactive form – until the order is placed – the customer has the possibility to modify the data entered. To do this, follow the messages displayed to the Customer and information available on the Online Store website.
5.1. In case of concluding the Sales Agreement, the delivery of the Product will be completed not later than within 14 calendar days from the date on which the payment for the order is credited to the TRACK MOTOR SP. Z.O.O.’s account.
5.2. The Seller will deliver the Products in accordance with the Customer’s choice through the mail or carrier indicated during the Order placement.
5.3. The delivery of Products is available on the territory of the Republic of Poland.
5.4. The delivery costs will be clearly indicated during the Order placement process and are available on the Online Store website in the FAQ tab.
5.5. According to article 545 § 2 of the Civil Code in case of sending the Product to the Customer via the carrier, the Customer is obliged to check the parcel. If he determines that the Product has been damaged during the transport, he is obliged to perform all actions necessary to determine the carrier’s liability.
6.1. The seller provides the following payment methods:
6.1.1. Electronic payments supported by PayU S.A.
6.2. In the case of a payment method other than C.O.D. delivery, the Customer is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6.3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part.
7. Right of Withdrawal
7.1. A Customer, who concluded a Sales Agreement or a Electronic Services Agreement may withdraw from it without giving reasons, by submitting a relevant written statement within 10 days. To comply with this deadline, it is enough to send a statement before its expiry. The above right may be completed by sending a statement of withdrawal to the following address: Adama Mickiewicza 17/5, 05-820 Piastów, Poland.
7.2. A 10-days period, in which the Customer may withdraw from the Sales Agreement or the Electronic Services Agreement, is counted from the date the Product is delivered to the Customer (Sales Agreement) or in the case of the Electronic Services Agreement – from the date of its conclusion.
7.3. In case of withdrawal from the Sales Agreement or the Electronic Services Agreement, both agreements are considered as not concluded and the Customer is released from any obligations. What both of the Parties provided is returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days. If the Consumer made any prepayments, they shall be entitled to statutory interest from the date of prepayment.
7.4. The Seller will make a refund to the bank account indicated by the Consumer or in another way indicated by the Consumer.
7.5. The right of withdrawal from a remote agreement is not entitled to the Consumer in cases of: 1) the provision of services started with the consumer’s consent, before the deadline referred to in points 7.1 and 7.2.; 2) audio and video recordings and saved on IT carriers data after removing their original packaging by the Consumer; (3) agreements for services for which the price or remuneration depends on price movements in the financial market; (4) services with properties specified by the Consumer in his order or closely related to him; (5) benefits which due to their nature cannot be returned; (6) delivery of the Press; (7) gambling services.
8. Returns and Complaints
8.1. Complaints for non-compliance of the Product with the Sales Agreement.
8.1.1. The Seller is liable to the Customer, who purchases the Product for purposes not related to professional or economic activity, due to the Product’s non-compliance with the Sales Agreement in the scope specified in the Act of July 27th, 2002 on special terms of consumer sales and amending the Civil Code.
8.1.2. Complaints for non-compliance of the Product with the Sales Agreement may be submitted in writing to the address of Adama Mickiewicza street 17/5, 05-820 Piastów, Poland or via e-mail to the following address: [email protected]
8.1.3. The Seller will respond to the complaint immediately, no later than within 14 days. The Seller’s response to the complaint is sent to the address provided by the Customer or in a different way provided by the Customer.
8.1.4. The Seller informs that in the case of Products covered by the warranty, the entitlement should be performed in accordance with the conditions set out in the Warranty Card. The warranty for the sold Product does not exclude, limit or suspend the Customer’s rights under the Seller’s liability for the non-compliance of the Product with the Sales Agreement to the extent specified by the Act of July 27th, 2002. on special terms of consumer sales and amending the Civil Code.
8.2. Complaints related to the provision of Electronic Services.
8.2.1. Complaints related to the provision of Electronic Services may be submitted in writing to the address of Adama Mickiewicza street 17/5, 05-820 Piastów, Poland or via e-mail to the following address: [email protected]
8.2.2. The Customer has the right to file a complaint within 2 months from the date on which he noticed irregularities in the provision of the Electronic Service.
8.2.3. It is recommended to include in the content of the complaint as much information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details – it will facilitate and accelerate the consideration of the complaint by the Service Provider.
8.2.4. The complaint will be considered by the Service Provider immediately, no later than within 14 days.
8.2.5. The Service Provider’s response to the complaint is sent to the address provided by the Customer or in a different way provided by the Customer.
9. Final Terms and Conditions
9.1. Agreements concluded through the Online Store are concluded in Polish.
9.2. In cases not covered by these Regulations, the provisions of the law in force in the Republic of Poland, including the Civil Code, the Act on the provision of Electronic Services of July 18th, 2002 shall apply; Acts on the Consumer Rights Protection and the liability for damage caused by a dangerous product of March 2nd, 2000; Act on specific terms and conditions of consumer sale and amendments to the Civil Code of July 27th, 2002 and other relevant provisions of Polish law.
9.2.1. The choice of Polish law does not deprive the Consumer of the protection granted to him under the provisions that cannot be excluded by agreement, under the law that would be appropriate in the absence of choice, i.e. the law of the country in which the Consumer has his habitual residence, and the entrepreneur (1) performs his business or professional activity in the country in which the Consumer has his habitual residence; or (2) in any way directs such activity to that country or to several countries with that country included; and the agreement falls within the scope of this activity.
9.3. The Service Provider reserves the right to change these Regulations due to the following important reasons: Change of email addresses and company headquarters, changes of URL addresses of store websites, change of payment methods and delivery. The amended Regulations bind Customers if the requirements specified in article 384 of the Civil Code (i.e. the Customer was properly informed about changes) and the Customer did not terminate the agreement of a continuous nature within 14 days. Amendments to the Regulations will not affect the rights or benefits of acquired clients in any way, in particular they will not affect the placed or implemented Orders and concluded Sales Agreements, which will be implemented on the current basis. In the case that change in the Regulations results in the introduction of any new fees the Consumer has the right to withdraw from the agreement.
9.4. Customers can access the Regulations at any time via the link found on the main page of the Online Store.
9.5. Consolidation, security and access to the content of the concluded Sales Agreement and provision of Electronic Services Agreement followed by (1) sharing the Regulations on the websites indicated in point 9.4 and (2) sending an e-mail message to the Customer at his request.
9.6. Disputes arising between the Service Provider, the Seller and the Customer, who is also a Consumer, shall be subjected to the appropriate common courts. Disputes arising between the Service Provider, the Seller and the Customer, who is not also a Consumer, shall be submitted to the court competent for the headquarters of the Service Provider or the Seller.
9.7. The Regulations enter into force on August 5th, 2018.