TERMS AND CONDITIONS

  1. 1 Definitions
    1. 1.1 Regulations – these Regulations, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the Distance Selling Agreement and the rules for complaint proceedings. In terms of services provided electronically, the Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
    2. 1.2 Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concludes a Distance Selling Agreement with the Seller.
    3. 1.3 Consumer – consumer within the meaning of Art. 22 1 of the Civil Code. Pursuant to the statutory definition: a consumer is a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
    4. 1.4 Seller's address – Kobielska 23/c02, 04-359 Warszawa.
    5. 1.5 Online shop – a website run by the Seller, available at the following electronic addresses: et-racing.com through which the Customer can obtain information about the Goods and their availability, as well as buy the Goods or order the provision of services.
    6. 1.6 Distance Selling Agreement – a contract for the sale of Goods / provision of services / delivery of digital content (if applicable), concluded via the Online Store.
    7. 1.7 Commodity – a movable item that the Customer may purchase in the Online Store.
    8. 1.8 Privacy and cookie policy of the Online Store – a document setting out the detailed rules for the processing of personal data and the use of cookies. The privacy and cookie policy is available on the website https://et-racing.com/eng-privacy-and-cookie-notice.html.
    9. 1.9 Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored unchanged, in particular by e-mail.
    10. 1.10 Electronic order form – an electronic ordering procedure provided by the Seller to the Buyer.
    11. 1.11 Electronic return form – an electronic return procedure provided by the Seller to the Buyer; available at https://et-racing.com/returns-open.php.
    12. 1.12 Electronic complaint form – the electronic complaint procedure provided by the Seller to the Buyer; available at https://et-racing.com/rma-open.php.
    13. 1.13 Shipment of the order – confirmation of the order by clicking the button by the Customer "" Treated as the submission by the Customer of a binding statement and sale with the Seller of distance sales.
    14. 1.14 Account – a set of data stored in the Online Store and in the Seller's ICT system regarding the given Customer and the orders placed by him and the Distance Sales Agreements concluded, with the use of which the Customer may place orders, and in due time - cancel or edit and conclude Distance Sales Agreements
  2. 2 General provisions
    1. 2.1 Types and scope of services provided electronically:
      1. 2.1.1 concluding Online Sales Agreements - for Goods sold in the Online Store,
      2. 2.1.2 rules for registering and using the Account as part of the Online Store,
      3. 2.1.3 adding opinions, comments and ratings - the customer can add an opinion or comment to his transaction,
      4. 2.1.4 sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution.
    2. 2.2 Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
      1. 2.2.1 Internet browsers such as Firefox, Chrome, Internet Explorer in the current version,
      2. 2.2.2 any program from viewing files in PDF format.
    3. 2.3 The content published on the Online Store website, including descriptions of the Goods and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. Binding nature - for the purposes of concluding a specific contract - they only gain when the Customer sends the order, which takes place by clicking the button "".
    4. 2.4 The Seller provides these Regulations via the link on the main page before concluding the Distance Sale Agreement, during it and after its completion. The buyer can download it and print it out.
    5. 2.5 In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
  3. 3 Orders
    1. 3.1 You can place an order in the Online Store via the Account or choose the option to purchase without registration.
    2. 3.2 The purchase is made by completing the Electronic Order Form available on the Online Store website. The selection of the ordered goods is made by adding them to the basket. The electronic order form specifies, among others what Goods, at what price and in what quantities the Customer wants to order to the location indicated by him. The customer takes appropriate technical steps based on the displayed messages.
    3. 3.3 After the Customer has provided all the necessary data, a summary of the order placed will be displayed. The order summary will contain information on: Seller's identification data, subject of the order, unit and total price of the ordered Goods, including delivery costs and other, if any, selected payment method, selected delivery method, time and delivery costs.
    4. 3.4 In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by pressing the button "".
      1. 3.4.1 Sending the Electronic Order Form by the Customer is a binding declaration of will to conclude a Distance Sale Agreement, in accordance with the content of these Regulations.
      2. 3.4.2 The distance selling contract is treated as concluded at the time of acceptance by the Seller of the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming the acceptance of the order and providing its number.
      3. 3.4.3 After concluding the Distance Selling Agreement, the Customer receives an e-mail confirmation of the order containing: confirmation of the order acceptance for execution and containing the final confirmation of all essential elements of the Order and the general conditions of the Distance Selling Agreement (Online Store Regulations), the Seller's data, the Seller's liability for the quality of the service, the services provided by the Seller after the sale and the method and effects of withdrawal from the contract. Information on the method and consequences of withdrawing from the contract, including the right to withdraw from the contract for natural persons running a sole proprietorship who make non-professional purchases.
      4. 3.4.4 Until the Seller starts processing the order:
        1. 3.4.4.1 The customer can change his order using the technical solution available on the Electronic Order Form page and by going through the entire ordering path again. The order is changed by submitting a new one, which replaces the one previously placed. Alternatively, the payment made by the Customer is settled against the new order, and in the event of an overpayment, it is returned to the bank account from which the payment was made.
        2. 3.4.4.2 The customer may cancel his order by selecting the "cancel order" option available on the Electronic Order Form page.
      5. 3.4.5 If the Customer cancels the order, the Seller shall refund the payment received within 30 business days. The payment will be reimbursed using the same method of payment as used by the customer.
  4. 4 Payment
    1. 4.1 The Online Store offers the option of making payments in the form of prepayments, cash on delivery, with payment to the account after delivery. The payment option with deferred payment date is possible in situations individually agreed with the Seller.
    2. 4.2 Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
    3. 4.3 Currently available payment methods in the form of prepayments in the Online Store are available at https://et-racing.com/eng-payments.html.
  5. 5 Supply
    1. 5.1 On the Electronic Order Form, the Customer selects the delivery method by marking the selected choice. The Seller reserves the right to change the method of delivery chosen by the Customer at no additional cost to the Customer.
    2. 5.2 In the event that the Customer fails to collect the Goods, which will result in the return of the Goods to the Seller - the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a declaration to the Customer in the form of an e-mail.
    3. 5.3 In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the received payment for the Goods purchased by the Customer.
    4. 5.4 The currently available delivery methods in the Online Store are available at https://et-racing.com/eng-delivery.html.
  6. 6 Withdrawal from the contract - electronic return form
    1. 6.1 The Buyer who is a Consumer who has concluded a Distance Sale Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sale Agreement - the contract is considered void.
    2. 6.2 The right to withdraw from a distance sales contract is not entitled to the Consumer in relation to the contracts referred to in art. 38 of the Act of 30/05/2014 (Journal of Laws of 2019, item 134) on consumer rights, incl. Make an appointment:
      1. 6.2.1 in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
      2. 6.2.2 whose subject of the service is a non-prefabricated item, manufactured according to the Customer's specification or serving to satisfy his individual needs;
      3. 6.2.3 for which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery;
      4. 6.2.4 the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
      5. 6.2.5 for the delivery of digital content and electronic licenses that are 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 entrepreneur about the loss of the right to withdraw from the contract;
      6. 6.2.6 the subject of which is an item that deteriorates quickly or has a short shelf life, and in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
      7. 6.2.7 for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
      8. 6.2.8 concluded through a public auction;
      9. 6.2.9 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;
      10. 6.2.10 in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the entrepreneur has no control;
  7. 7 Consequences of withdrawing from the contract of sale of goods
    1. 7.1 The Seller, within 30 days from the date of receipt of the declaration of withdrawal from the Agreement for the sale of goods, will return to the Consumer payments made by him.
      1. 7.1.1 The reimbursement will be made using the same method of payment as used by the Consumer.
      2. 7.1.2 If the Consumer, in order to exercise the right of withdrawal, uses the Electronic Return Form, the funds will be returned in the selected manner and to the bank account provided by the Consumer.
    2. 7.2 If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the Goods back or until the Consumer provides proof of its return, whichever occurs first.
    3. 7.3 The Seller may suggest to the Consumer that he will pick up the item himself. However, if the Seller has not made such a proposal - the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry. Goods that the Consumer returns should be sent to the address of the Seller.
    4. 7.4 The consumer is responsible for reducing the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
  8. 8 Complaints
    1. 8.1 The Seller is obliged to deliver the Goods free from defects and is responsible to the Customer for physical and legal defects of the purchased Goods under the terms of the Civil Code.
    2. 8.2 If, after the ownership of the Goods has passed to the Buyer, he finds that the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the warranty for defects:
      1. 8.2.1 via the Electronic Complaint Form;
      2. 8.2.2 via e-mail to the address shop@et-racing.com.
      3. 8.2.3 The notification should specify the defect that the Buyer believes the goods have, claims to the Seller and, if possible, document the defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 30 days from the date of its receipt. If he has not replied within the above-mentioned period, it is considered that he has accepted the complaint. The Seller shall provide the Buyer with a response to the complaint in writing or on a Durable Medium.
      4. 8.2.4 The steps to be taken by the Buyer to submit a complaint, including the method of delivering the Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form. If the Buyer uses a different method of submitting a complaint than via the Electronic Complaint Form - the Seller will inform the Buyer about the further steps of the complaint procedure in a manner corresponding to the manner of the complaint.
      5. 8.2.5 If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods, shall be borne by the Seller.
      6. 8.2.6 If, as a result of the complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer on paper or other durable medium with a statement on:
        1. 8.2.6.1 the intention to apply for the initiation of proceedings regarding out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
        2. 8.2.6.2 refusal to participate in the out-of-court resolution of consumer disputes.
  9. 9 Final Provisions
    1. 9.1 These Terms of Use are effective from 2020.11.09.
    2. 9.2 In the event of a change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
    3. 9.3 The law applicable to any disputes related to the Regulations is Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also use extrajudicial means of dealing with complaints and redress. Any information on out-of-court complaint and redress procedures can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must agree to them.
    4. 9.4 Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, we would like to inform you that at https://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is a 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.
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