OUR TERMS & CONDITIONS
§ 1 General
These Terms & Conditions set the rules and guidelines for making purchases on this
e-commerce store. The store is owned by Rally-Tech sp. z o.o., VAT Number: PL9372706184, REGON 369377500, telephone +48 603 90 30 50, entered into the National Court Register under number 0000716881
As used in these Terms & Conditions, the following terms shall have the meanings set forth below:
Business days - the days between and holding from Monday through Saturday, exclusive of public holidays;
User - a person visiting e-Store, being either a natural person enjoying full legal capacity (18 years or older), a legal person or an organisational unit without legal personality that is granted legal capacity by law.
Customer – a natural person entering into a legal transaction with an entrepreneur which is not directly related to their business or professional activity (Article 221 of the Civil Code).
Customer Account – collection of information about the Customer, as well as about the Customer’s operations effected with the E-Store (including customer data processed in order to perform an order, customer’s order history, and customer preferences regarding selected functionalities of the E-Store, information about payments and overpayments on orders), etc.
Terms & Conditions – these Terms & Conditions
E-Store – an e-commerce store with a trading address at 43-300 Bielsko-Biała, ul. Piekarska 50, operated by the Seller and where the Seller offers products to Customers.
Seller – Rally-Tech sp. z o.o. with the registered seat in Bielsko-Biała, at ul. Piekarska 50, entered into the National Court Register, with VAT number: NIP 9372706184, Regon: 369377500, Tel/+48 603 90 30 50, email: email@example.com
Durable medium – any instrument or tool which enables the customer or entrepreneur to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored (Article 2 par. 4 of the Act of 30 May 2014 on Consumer Rights, Journal of Laws of 2014, item 827).
Goods – goods (items) available via the e-Store website.
The prices quoted by the Store do not constitute or form a part of any offer within the meaning of the Civil Code, but an invitation to enter into a contract.
All prices quoted by the Store are given in Polish zlotys, inclusive of VAT. These prices are exclusive of delivery and payment costs, which are each time selected by the Customer when placing the order. These prices also do not include any additional official fees (e.g. duties). The final price of a contract for sale of the Goods is determined at the time of order, in accordance with §3 par. 1 and 2.
Some of the car parts sold by the Store are exclusively sports car parts as indicated in the product description posted on the e-commerce website. These parts are not intended for regular use in normal conditions of road traffic, but solely for motorsport.
§2 Customer Account Registration
Customers may register with the online store website, which results in creation of Customer Account. The Customer Account is created when:
the Customer completes the registration form available on the ecommerce website (the form will be displayed once a dedicated subpage is selected or an order is placed). The Customer is required to check mandatory fields. These are: name and surname or business name, address, shipping address (if different) and e-mail address, and for businesses – also VAT number and REGON, and a statement that the Customer has read and accepted the Terms & Conditions and Cookies Policy.
Once the Account Registration Form is completed, a notification is sent to the e-mail address provided by the Customer, requesting confirmation of the data provided - by clicking on the link provided. The Customer Account is created upon confirmation.
The Customer may delete the Account with the E-Store at any time by sending a relevant opt-out notification to: firstname.lastname@example.org
The Customer may view the data as part of his Account and use functionalities of the E-Store after logging in. Login into Customer Account takes place by entering a correct login (email address provided during the registration process) and password on the appropriate subpage of the E-Store. The Customer undertakes to keep the password secret and prevent unauthorised access to the Account.
The Seller may disable any Customer Account in case of violation of the Terms and Conditions, and in particular when the Customer concerned:
- if data provided by the Customer during registration process is false, inaccurate or out-of-date, misleading or violating the rights of third parties,
- has infringed the rights of third parties via the ecommerce store, in particular the personal rights of other Customers of the store,
In such case, re-registration shall not be allowed.
The deletion of the Customer Account shall not affect validity of legal actions taken by the Seller and the Customer via the E-Store prior to such deletion.
§ 3 Online ordering
The Customer may purchase Goods through the E-Store. For this purpose, the Customer has to log in to the account, add relevant Goods to the "basket" and approve selection by clicking the appropriate option available on the e-commerce website.
Once the list of selected Goods is approved the Customer should select delivery and payment method, as well as confirm the total price of the Goods (including VAT, delivery and payment costs, if applicable)
The Customer’s final decision to purchase the Goods under the terms and conditions displayed by the Store must be confirmed using the button "place an order with the obligation to pay". From now on, it is no longer possible to change the order.
Operations referred to in par. 1, 2 and 3 shall be understood as the Customer’s offer to enter into a sales contract with the Seller concerning the Goods in the basket given the prices and delivery terms quoted by the system etc. (see par. 2 (a) above).
Upon submission of the Customer’s offer in accordance with paragraph 4, a written confirmation of the order will be sent to the Customer’s e-mail address.
Only when the Seller accepts the Customer’s order (offer), a legally binding contract of sale is concluded. The Seller declares the acceptance of the Customer’s offer by emailing a confirmation notice to the Customer’s e-mail address. Such notice should contain a copy of these Terms & Conditions in the version accepted by the Customer and binding for the order, as well as information referred to in paragraph 2 above.
Confirmation of the offer (order) referred to in paragraph 5 shall not be deemed acceptance of the offer (order) referred to in paragraph 6.
The Seller accepts the following payment methods:
- Cash on delivery
- Bank transfer,
- Dotpay online payment – credit cards and e-transfers via Dotpay.pl system
The Customer is to check the selected method of payment in the order form.
The cost of payment depends on the method selected. The Customer is notified of the cost of payment for the Goods concerned before placing the order, in accordance with §3.
Immediately after the contract for the sale of the Goods is concluded, the Seller issues a VAT invoice or a receipt (according to the Customer's choice) to the Customer, which will accompany the Goods.
In case of payment by bank transfer, payment should be made prior to the delivery of Goods, and in the case of cash on delivery upon delivery of Goods.
Transfers should be made to the bank account of the Seller no.:
79 1050 1070 1000 0090 3143 9285
For payments via the PayU, PayPal or by a credit card, once the order is placed, the Customer is redirected to a relevant page to finalise the order using the above-mentioned service.
Some the goods are not subject to "cash on delivery" payments as indicated in the product description displayed the e-commerce website.
§5 Order Processing and Delivery
The Seller shall process the Customer's order immediately after the sales contract is concluded (for "COD" payments) or immediately after the payment is credited to the Seller’s bank account (for payments by bank transfer, credit card or PayU or PayPal).
The delivery method and shipping address should be specified by the Customer in the order form.
Possible delivery methods are:
- pick-up at the Seller's location,
- courier delivery.
The cost of delivery depends on delivery method and payment method (for cash-on-delivery payments the cost of delivery will be higher). The Customer is notified of the delivery cost of Goods before placing the order, in accordance with §3.
The estimated purchase order lead time is indicated in the product specification displayed on the website. The maximum delivery time is 30 days, exclusive of non-prefabricated goods, customized goods manufactured according to the Customer’s specifications or meeting customer-specific needs. In the latter case, the lead time will be determined individually and communicated to the Customer via an email confirming acceptance of the Customer's offer. In order to be concluded the contract requires the Customer’s acceptance of the delivery lead time sent via an e-mail.
If the order cannot be processed within lead time specified in paragraph 5 above, the Seller shall notify the Customer via email and return the entire amount of money to the Customer - unless the Customer agrees to extend the delivery time. This applies in particular to Goods that require adaptation to the individual needs of a specific customer.
Customers are requested to carefully check the condition of their parcel in the presence of the courier, and in case of any damage or deficiency - to refuse to pick up and sign the appropriate delivery rejection notice. For the avoidance of doubt, the Seller declares that the Customer is under no obligation to do the same.
§6 Liability for Defects
The warranty conditions covering the Goods are specified by manufacturers of goods or other guarantors in the accompanying warranty documents. Warranty rights shall be exercised in accordance with the terms and conditions set out in the relevant warranty document.
The Seller shall be liable for defects in the Goods in accordance with generally applicable law, in particular the regulations concerning statutory warranty for defects as set forth in art. 556 et seq. of the Act of April 23, 1964 - the Civil Code (consolidated text: Journal of Laws of 2014, item 121).
Defects in goods (complaints) can be filed using the contact form, available at www.rally-tech.pl, via e-mail to: email@example.com or in writing to the Seller's address provided in §1.
The Customer’s complaint notice, if possible, include:
- a number of the invoice concerned
- a description of the defect, in particular: what the problem is and when it came out.
- information about what is requested by the Customer lodging the complaint
Note, however, that the absence of the above information in a complaint filed by a Customer who is a consumer shall not prevent the complaint from being handled. Complete documentation may, however, speed up the entire procedure.
Customers exercising their rights under statutory warranty, shall send back defective Goods to the Seller’s location at: Rally-Tech, ul. Piekarska 50, 43-300 Bielsko-Biała, at the Seller’s expense.
§7 Consumer Right of Withdrawal
A Customer who is a consumer may cancel a distance sales contract without giving any reason. The cancellation period ends at the end of 14 days after the day on which Goods come into the physical possession of the Customer or a person, other than the carrier, identified by the Customer.
If the contract is a sales contract under which multiple goods are delivered separately, in lots or in pieces, the cancellation period ends at the end of 14 days after the day on which the last item come into the physical possession of the Customer or a person, other than the carrier, identified by the Customer.
To meet the deadlines referred to in par. 1 and 2, the Customer must notify the Seller of the decision to withdraw before the end of the relevant period.
Withdrawal from the sales contract takes place once the Customer notifies the Seller of the decision to withdraw. Such withdrawal notice may be served using the form in the Appendix No. 1 to these Terms & Conditions, but it is not obligatory.
The notice of withdrawal may also be served by the Customer in electronic form, by completing and sending a withdrawal form or any other notice via the website (link).
In this case, the Seller shall send the Customer a confirmation of receipt of the notice a durable medium without delay.
In case the Customer withdraws for the contract under this paragraph:
The Customer shall send the Goods back to the Seller’s address: Rally-Tech, ul. Piekarska 50, 43-300 Bielsko-Biała without undue delay, and in any case no later than 14 days after the day on which the Customer cancels the contract. The deadline is met if the Customer sends the Goods back before the end of the 14-day period. Direct costs of returning the Goods shall be borne by the Customer.
The Seller must reimburse all payments received from the Customer, including payments for delivery (unless the Customer expressly chose a delivery mode costing more than the least expensive common and generally acceptable method of delivery offered by the Seller), without undue delay, and in any event not later than before the end of a 14-day period after the day on which the Customer cancels the contract.
The Seller must make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise. The Seller must not impose any fee on the Customer in respect of the reimbursement.
The Seller may withhold the reimbursement until receipt of the Goods or until the Seller receives a proof of return, depending on which event occurs first.
The Customer shall be liable in the event the value of the goods is diminished by any amount as a result of handling of the goods by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Customer shall not have the right to cancel, referred to in this paragraph, in relation to contracts listed in art. 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014, item 827). These include:
- contracts in which the price or remuneration in the financial market may vary which is beyond the Seller’s reasonable control and which may occur before the deadline to cancel the contract
- contracts for non-prefabricated bespoke and customised goods;
- contracts for goods which will deteriorate or expire rapidly;
- contracts for goods received sealed for health protection or hygiene reasons once unsealed;
- contracts for goods once they have been inseparably mixed after delivery;
- contracts for alcoholic beverages with the price agreed upon conclusion of the contract, where delivery may take place only after 30 days and the price in the market may vary, which is out of the Seller’s reasonable control;
- contracts where the Consumer has contacted the entrepreneur to effect urgent repair or service on site; if the entrepreneur provides additional services other than those requested by the consumer or delivers items other than spare parts necessary for the repair or maintenance, the Consumer shall have the right to cancel the contract with regard to such additional services or goods.
- Contracts for sealed audio, video and software products once unsealed;
- Contracts for delivery of newspapers and magazines (but not subscriptions);
- Contracts concluded at public auction
§8 Personal data
The Seller undertakes to take the necessary technical and organisational measures to protect personal data being processed.
§9 Technical requirements, ban on spreading illegal content, complaints about operations of the Store
Through Store Seller provides Customers with the possibility of free use of the following e-services (within the meaning of the law of 18 July 2002 on providing e-services, Journal of Laws .2002.144.1204 as amended):
- making Store content available.
- concluding sale contracts for Good with Seller through Store in line with the conditions specified in these Terms & Conditions
In order to use the above services Customer shall have at their disposal: a device that might be connected to the Internet and has an operating system, Internet connection, necessary software (web browser) as well as an e-mail account.
The conditions of storing cookies by the Seller on Customer’s devices, as well as the Seller’s access to the cookies are set forth by Cookies Policy which constitutes Annex 2 to these Terms & Conditions.
Customer shall not use this Store to post content (e.g. comments) of illegal nature – including the content promoting violence or pornography or the content infringing rights of third parties. Should the Seller receive any official notification or reliable information regarding illegal nature of the content provided by Customer, the Seller might block access thereto.
The Customer undertakes:
- not to make use of the e-Store in a way that interferes with its functioning, especially by the use of specific software or devices.
- not to take actions such as: distribution or posting of unsolicited bulk mails (spam) within the e-Store,
- to use e-Store without causing inconvenience to other customers and the Seller,
In case of dissatisfaction with the operations of the Store operation, the Customer is entitled to lodge a complaint via e-mail at: firstname.lastname@example.org. The Customer shall be notified of the way their complaint is handled to their e-mail address within 14 days after the Seller receives such complaint.
§10 Changes to the Terms & Conditions
The Seller shall be entitled to change these Terms & Conditions. If he does so:
- the Customers shall be informed about the changes via e-mail at the address provided during registration – at least 14 days before any such changes become effective.
- the Customers shall be requested to accept the changes during their next log in session.
Lack of acceptance of the changes to the Terms & conditions shall be deemed termination of the e-services contract, specified in art. 9 of these Terms & Conditions, effective immediately and resulting in disabling the Customer’s Account – subject to art. 10 par. 3 below.
Changes to the Terms & Conditions shall in no way infringe the rights vested in Customers, nor shall they affect the orders already placed which shall be processed based on the conditions existing so far.
These Terms & Conditions and any contracts concluded in accordance therewith (including sales contracts for Goods) shall be governed by the law of the Republic of Poland.
For Customers who are Consumers, and who are residents in the European Union (except for Denmark) but outside of the Republic of Poland– par. 1 shall apply to the extent applicable in the country of permanent residence of the Consumer, which cannot not be excluded on the grounds of the contract (see Art. 6 of the Directive of the European Parliament and the Council of 17 June 2008 on the governing law of contractual obligations [Rome I, Journal of Laws of .UE.L.2008.177.6]).