THE REGULATIONS OF THE ONLINE SHOP 111RACING.COM
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINT
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. STANDARD FORM OF WITHDRAWING OF THE CONTARCT
1. GENERAL PROVISIONS
1. The Online Shop is available at the internet address www.111racing.com is run by 111 BŁAŻUSIAK Sp. k. with its headquarters in Nowy Targ (registered office and correspondence address: Składowa 26, 34-400 Nowy Targ); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000890195; registry court where the company's documentation is kept: District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register; NIP 7352896022, REGON 388547769, e-mail address: shop@111racing.com and contact telephone number: +48 182610894
These Regulations are addressed to both consumers and entrepreneurs using the Online Shop unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs. The provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions have priority and should be applied.
1.2. The administrator of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, of the period and based on the basics and the rules indicated in the privacy policy published on the Online Shop website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Shop, including the basics, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop. Using the Online Shop, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.3. Definitions:
1.1.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.1.2. REGISTRATION FORM - a form available in the Online Shop that allows you to create an Account.
1.1.3. ORDER FORM - Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.1.6. ACCOUNT - Electronic Service, a collection of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Shop are collected.
1.1.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Shop.
1.1.8. PRODUCT - a movable item available in the Online Shop which is the subject of the Sales Agreement between the Customer and the Seller.
1.1.9. REGULATIONS - these regulations of the Online Shop.
1.1.10. ONLINE SHOP - the Service Provider's online shop available at the Internet address: www.111racing.com
1.1.11. SELLER; SERVICE PROVIDER - 111 BŁAŻUSIAK Sp. k. with its seat in Nowy Targ (registered office and correspondence address: Składowa 26, 34-400 Nowy Targ); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000890195; registry court where the company's documentation is kept: District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register; NIP 7352896022, REGON 388547769, e-mail address: shop@111racing.com and contact telephone number: +48 182610894
1.1.12. SALES AGREEMENT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Shop.
1.1.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.1.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in the cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; - using or intending to use the Electronic Service.
1.1.15. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.1.16. ORDER - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
1.1.17. Account - the use of the Account is possible after completing two consecutive steps by the Recipient - (1) completing the Registration Form and (2) clicking the "Create Account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient's data: name and surname, e-mail address and password. An account can also be created when placing an Order by entering a password - upon placing an Order, the Account is created.
1.1.17.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: shop@111racing.com or in writing to the following address: ul. Składowa 26, 34-400 Nowy Targ
1.1.18. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Shop. An Order is placed after the Customer completes two consecutive steps - (1) completing the Order Form [personal data/addresses/delivery method/payment] and (2) clicking on the Online Shop website after completing the Order Form field "Order with payment obligation" - until then, it is possible to modify the entered data on your own (to do this, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
1.1.18.1. The Electronic Service Order Form is provided free of charge and is a one-time service and ends when the Order is placed through it or when the Customer stops placing the Order through it.
1.1.19. Newsletter - the use of the Newsletter follows after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account or placing an Order - upon creating an Account or placing an Order, the Customer is subscribed to the Newsletter.
1.1.19.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@111racing.com or in writing to the following address: ul. Składowa 26, 34-400 Nowy Targ.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) the recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and morality, with respect for the personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure for Electronic Services:
1.1.20. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example
1.1.20.1. in writing to the following address: ul. Składowa 26, 34-400 Nowy Targ, Poland;
1.1.20.2. by phone at: +48182610894
1.1.20.3. in electronic form via e-mail to the following address: shop@111racing.com.
1.1.21. It is recommended that the Service Recipient provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the occurrence of irregularities; (2) the Service Recipient's requests; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
1.1.22. The response to the complaint by the Service Provider follows immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller follows after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product shown on the Online Shop website is given depending on the Customer's choice of Polish zlotys PLN, Euro EUR, US dollars USD, British pounds GBP and includes VAT. About the total price including VAT of the Product being the subject of the Order, as well as about delivery costs (including charges for transport, delivery and postal services) and about other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the website of the Online Shop when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Shop using the Order Form
1.1.23. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point 2.1.2 of the Regulations.
1.1.24. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation follows by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidating, securing and making the content of the concluded Sales Agreement available to the Customer takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Shop.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller may provide the Customer with the following payment methods under the Sales Agreement:
1.1.25. Payment in cash on delivery upon delivery.
1.1.26. Payment by bank transfer to the Seller's bank account.
1.1.27. Electronic payments and card payments via Przelewy24.pl service - possible current payment methods are specified on the Online Shop website in the information tab on payment methods and on the website http://www.przelewy24.pl.
1.1.27.1. Settlements of transactions with electronic payments and payment cards are conducted in accordance with the Customer's choice via Przelewy24.pl. The service of electronic payments and payment cards is provided by:
1.1.27.1.1. PayPro S.A. - PAYPRO SPÓŁKA AKCYJNA with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań, Poland), entered into the register of entrepreneurs of the National Court Register under KRS number 0000347935 by the District Court Poznań Nowe Miasto i Wilda, VIII Commercial Division, with share capital of PLN 4 500 000.00 paid up in full, NIP 7792369887.
1.1.28. Electronic payments and card payments via paypal.com - possible current payment methods are specified on the Online Shop website in the information tab on payment methods and on the website www.paypal.com.
1.1.28.1.1. Settlements of transactions with electronic payments and payment cards are conducted in accordance with the Customer's choice via the paypal.com service. The service of electronic payments and payment cards is provided by:
PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luxemburg (address: Legal Department, 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg)
4.2. Date of payment:
1.1.30. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
1.1.31. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Product delivery is available in the territory of the European Union or other countries indicated on the website.
5.2. The delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller may provide the Customer the following methods of delivery or collection of the Product:
1.1.32. Courier, cash on delivery.
1.1.33. Pallet shipment - in the case of dimensional orders, after individual determination of the cost and method of delivery with the Seller.
5.4. The date of delivery of the Product to the Customer is up to 4 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 4 Business Days. The given delivery date may be extended for reasons beyond the control of the Seller. If the Customer orders a Custom-made Product - requiring the production or additional service of personalization/adjustment of the Product to the Customer's requirements, the delivery date will be determined by the Seller, about which he will inform the Customer, The beginning of the period of delivery of the Product to the Customer is counted as follows:
1.1.34. If the Customer chooses the method of payment bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
1.1.35. If the Customer chooses the method of payment in cash on delivery - from the date of the Sale Agreement.
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability for a Product defect and the Customer's rights are set out on the Online Store website in the complaint information tab.
6.3. The complaint may be submitted by the Customer:
1.1.36. in writing to the following address: ul. Składowa 26, 34-400 Nowy Targ;
1.1.37. in electronic form via e-mail to the following address: shop@111racing.com
1.1.37. in electronic form via e-mail to the following address: shop@111racing.com;
6.4. It is recommended that the Customer provided in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, demanded the replacement of the item or removal of the defect, or a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was considered justified.
6.6. The Customer who exercises the rights under the warranty, at the request of the Seller, is obliged to deliver the defective Product to the address that the Seller will indicate after sending the complaint by the Customer. Unless otherwise agreed, it is assumed that the appropriate address for returning the Product is the following address: ul. Składowa 26, 34-400 Nowy Targ, Poland.
6.7. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is inter alia, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller) and (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at tips@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 30 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example,
1.1.38. in writing to the following address: ul. Składowa 26, 34-400 Nowy Targ
1.1.39. in electronic form via e-mail to the following address: shop@111racing.com;
8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available at point 11 of the Regulations and on the Online Store website in the withdrawal tab. The consumer may use the form template, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
1.1.40. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products;
1.1.41. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The seller shall refund the payment using the same method of payment as used by the consumer unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, to return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller suggested that he will collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the address that the Seller will indicate each time after receiving the declaration of withdrawal from the contract. Unless otherwise agreed, it is assumed that the appropriate address for returning the Product is the following address: ul. Mitery 15, 32-700 Bochnia, Poland
8.7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
1.1.42. If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs incurred by the consumer.
1.1.43. The consumer bears the direct costs of returning the Product.
1.1.44. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
1.1.45. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things;
(7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 30 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement, in this case, may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier's liability.
9.6. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
9.7. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Customer / Customer who is not a consumer.
9.8. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10.1. Agreements concluded via the Online Shop are concluded in Polish.
10.2. Changing the Regulations:
1.1.46. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
1.1.47. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
1.1.48. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not apply impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.
10.3. In matters not covered by these Regulations, generally, applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014, with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271, as amended) amendments) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014, with Customers who are consumers - the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.
11. STANDARD FORM OF WITHDRAWING FROM THE CONTARCT
(ATTACHMENT NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Standard form of withdrawing of the contract
(the form should be completed and returned only if you wish to withdraw from the contract)
- Addressee
111 BŁAŻUSIAK SP.K
ul.Składowa 26, 34-400 Nowy Targ, Polska
111racing.com
- I/we (*) hereby inform (*) about my/our withdrawal from the sales contract of
the following items (*) delivery contract of the following items (*) a specific-task
contract consisting in execution the following items (*)/ a specific-task contract
consisting in the provision of the following service (*)
contract date/date of receipt
name and surname of the consumer
address of consumer
signature of consumer (s) (only if the form is sent in paper vrsion
date
(*) delete as appropriate