§ 1. Preliminary Provisions
- The online store V-Tuning, available at the web address https://www.v-tuning.pl, is operated by Mr. Adam Majcherczyk conducting business under the name V-Tuning Adam Majcherczyk, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 8161128146, REGON 691696897.
- This Regulations applies both to Consumers and Entrepreneurs using the Store and defines the rules for using the online Store and the principles and procedures for concluding Sales Agreements with Customers at a distance via the Store.
§ 2. Definitions
- Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
- Seller - a natural person conducting business under the name V-Tuning Adam Majcherczyk, registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP 8161128146, REGON 691696897.
- Customer - any entity making purchases via the Store.
- Entrepreneur - a natural person, legal person, and organizational unit that is not a legal person, which a separate statute grants legal capacity, conducting business on their own behalf and using the Store.
- Store - an online store operated by the Seller at the web address https://www.v-tuning.pl.
- Distance contract - a contract concluded with the Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, using one or more means of remote communication until the conclusion of the contract.
- Regulations - these Regulations of the Store.
- Order - a declaration of will by the Customer made using the Order Form aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account - the customer's account in the Store, where the data provided by the Customer and information about the Orders placed by them in the Store are collected.
- Registration form - a form available in the Store that allows the creation of an Account.
- Order form - an interactive form available in the Store that enables placing an Order, particularly by adding Products to the Cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
- Cart - a component of the Store's software in which the Products selected by the Customer for purchase are visible, and there is an option to determine and modify the Order details, particularly the quantity of products.
- Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a sales agreement for a Product concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also includes, depending on the characteristics of the Product, a service contract and a work contract.
§ 3. Contact with the Store
- Seller's address: V-Tuning Adam Majcherczyk, ul. Burmistrzów Zawilskich 37, 37-300 Leżajsk, Podkarpackie Voivodeship, Poland.
- Seller's email address: sklep@v-tuning.pl.
- Seller's phone number: +48172427025, +48604913772.
- Seller's bank account number: 26 9187 0001 3001 0007 6861 0001.
- The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
- The Customer can contact the Seller by phone during the hours: from 8:00 AM to 4:00 PM on working days.
§ 4. Technical Requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
- an end device with access to the Internet and a web browser such as:
- Microsoft Internet Explorer (version 10 or newer),
- Microsoft Edge,
- Google Chrome (version 23 or newer),
- Google Chrome Mobile (version 39 or newer),
- Opera (version 12 or newer),
- Opera Mini (version 9 or newer),
- Mozilla Firefox (version 16 or newer),
- Safari (version 8 or newer),
- Another web browser equivalent to one of the above or compatible with the rendering engine of one of the above web browsers.
- a valid, true, and active email account (e-mail),
- a valid, true, and active mobile phone number,
- enabled support for cookies.
§ 5. General Information
- The Seller is not liable to the fullest extent permitted by law for disruptions, including interruptions in the functioning of the Store caused by force majeure, illegal actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. The Customer can place orders for Products available in the Store either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address details that allow the Order to be fulfilled without creating an Account.
- Prices listed in the Store are in Polish zlotys and are gross prices (including VAT).
- The final (total) amount to be paid by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal service fees), which the Customer is informed about on the Store's pages during the ordering process, including at the moment of expressing the intention to enter into a Sales Agreement.
- In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (total) price is the total price including all payments for the billing period.
- When the nature of the subject of the Agreement does not allow for a reasonable assessment of the final (total) price in advance, information on how the price will be calculated, as well as the fees for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description. <
§ 6. Creating an Account in the Store
- To create an Account in the Store, it is necessary to fill out the Registration Form. The following data must be provided:
- Display name / Company – the name that will represent the customer in the Application, allowing the Seller to easily identify the Customer,
- Email – the Customer's email address, which will be used for email notifications about Order status changes, significant changes in the Application, or for electronic communication between the Seller and the Customer,
- Password.
- Creating an Account in the Store is free of charge.
- To log in to their account, the following conditions must be met:
- The Customer is required to activate their account using the activation link sent to the email address provided during Account creation; during activation, the Customer will be required to create a password needed to log into their Account in the Application,
- The Seller voluntarily accepts the Customer's account in the Application after successfully verifying the Customer.
- Logging into the Account is done by providing the username and password established in the Registration Form.
- The Customer has the right to delete their Account at any time, without providing a reason and without incurring any fees for doing so, by sending a relevant request to the Seller, particularly via email or in writing to the addresses provided in § 3.
§ 7. Rules for Placing an Order
To place an Order, you must:
- log into the Store (optional);
- select the Product that is the subject of the Order, and then click the "Add to Cart" button (or an equivalent button);
- log in or use the option to place an Order without registration;
- if the option to place an Order without registration was selected - fill out the Order Form by entering the recipient's details for the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), and enter invoice details if they differ from the recipient's details,
- click the "Finalize Order" button and confirm the order by clicking the link sent in the email,
- choose one of the available payment methods and, depending on the method of payment, pay for the order within the specified timeframe, subject to § 8 point 3.
§ 8. Offered Methods of Delivery and Payment
- The Customer can choose from the following methods of delivery or collection of the ordered Product:
- Courier delivery, cash on delivery,
- Personal collection available at the Seller's contact address.
- The Customer can choose from the following payment methods:
- Payment upon receipt
- Cash on delivery
- Bank transfer to the Seller's account
- Electronic payments
- Payment by credit card.
- Detailed information about delivery methods and accepted payment methods can be found on the Store's pages.
§ 9. Execution of the Sales Agreement
- The Sales Agreement between the Customer and the Seller is concluded after the Customer has previously placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. The confirmation of receipt of the Order and its acceptance for fulfillment occurs through the Seller sending the Customer a relevant email to the email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for fulfillment, as well as the confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
- In the case of the Customer choosing:
- payment by bank transfer, electronic payments, or credit card payment, the Customer is required to make the payment within 7 calendar days from the date of concluding the Sales Agreement - otherwise, the order will be canceled.
- cash on delivery upon receipt of the shipment, the Customer is required to make the payment upon receipt of the shipment.
- cash payment upon personal collection of the shipment, the Customer is required to make the payment upon receipt of the shipment within 14 days from the date of receiving information about the readiness of the shipment for collection.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer during the Order placement.
- In the case of ordering Products with different delivery times, the delivery time will be the longest specified time.
- The start of the delivery time for the Product to the Customer is calculated as follows:
- If the Customer has chosen the payment method by bank transfer, electronic payments, or credit card payment - from the date the Seller's bank account is credited.
- If the Customer has chosen the payment method by cash on delivery - from the date of concluding the Sales Agreement,
- If the Customer has chosen personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the Product's readiness for collection by the Seller by sending a relevant email to the email address provided during the Order placement.
- In the case of ordering Products with different readiness times for collection, the readiness time for collection will be the longest specified time.
- The start of the readiness time for the Product to be collected by the Customer is calculated as follows:
- If the Customer has chosen the payment method by bank transfer, electronic payments, or credit card payment - from the date the Seller's bank account is credited.
- If the Customer has chosen cash payment upon personal collection - from the date of concluding the Sales Agreement.
- Delivery of the Product takes place within Poland.
- The delivery of the Product to the Customer is chargeable unless the Sales Agreement states otherwise. The costs of delivering the Product (including transport fees, delivery, and postal services) are indicated to the Customer on the pages of the online Store in the "Delivery Costs" tab and during the Order placement, including at the moment the Customer expresses the intention to enter into the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
§ 10. Right of Withdrawal from the Agreement
- The consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
- The period specified in paragraph 1 begins upon the delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
- In the case of an Agreement covering multiple Products that are delivered separately, in batches, or in parts, the period specified in paragraph 1 runs from the delivery of the last item, batch, or part.
- In the case of an Agreement involving regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 runs from the receipt of the first item.
- The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
- The statement may be sent via traditional mail, fax, or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website - the Seller's contact details are specified in § 3. The statement may also be submitted using a form, the template of which constitutes Appendix No. 1 to these Regulations and an attachment to the Act of May 30, 2014, on consumer rights, but this is not mandatory.
- If the statement is sent by the Consumer electronically, the Seller will promptly send confirmation of receipt of the withdrawal statement to the email address provided by the Consumer.
- Effects of withdrawal from the Agreement:
- In the case of withdrawal from an Agreement concluded at a distance, the Agreement is considered not concluded.
- In the case of withdrawal from the Agreement, the Seller will promptly, no later than 14 days from the date of receipt of the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the costs of delivering the items, except for additional costs resulting from the method of delivery chosen by the Consumer that is different from the cheapest standard delivery method offered by the Seller.
- The Seller will refund the payment using the same payment methods that the Consumer used in the original transaction unless the Consumer has expressly agreed to another solution that will not incur any costs for them.
- The Seller may withhold the refund until the Product is received back or until proof of its return is provided, depending on which event occurs first.
- The Consumer should return the Product to the address of the Seller provided in these Regulations promptly, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Agreement. The deadline is met if the Consumer returns the Product before the 14-day period has expired.
- The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by regular mail.
- The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a manner other than what was necessary to ascertain the nature, characteristics, and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular postal means, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
- The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
- where the subject of the performance is a non-prefabricated item made according to the Consumer's specifications or serving to meet their individualized needs,
- where the subject of the performance is an item delivered in a sealed package, which cannot be returned for health protection or hygiene reasons once the package has been opened after delivery,
- where the subject of the performance is a perishable item or one with a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the explicit consent of the Consumer, who has been informed before the service starts that upon the Seller’s performance they will lose the right to withdraw from the Agreement,
- where the price or remuneration depends on fluctuations in the financial market which the Seller cannot control, and which may occur before the withdrawal period expires,
- where the subject of the performance is items which, after delivery, due to their nature, are inseparably combined with other items,
- where the subject of the performance is alcoholic beverages whose price was agreed upon at the conclusion of the sales contract, which can only be delivered after 30 days and whose value depends on market fluctuations which the Seller cannot control,
- where the subject of the performance is audio or video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,
- for the delivery of newspapers, periodicals, or magazines, except for subscription agreements,
- for the delivery of digital content that is not recorded on a tangible medium if the performance has started with the explicit consent of the Consumer before the withdrawal period has expired and after being informed by the Seller about the loss of the right to withdraw from the Agreement,
§ 11. Complaints and Warranty
- The Sales Agreement covers new and used Products. The condition of each used Product is described in detail on the Store’s pages.
- The Seller is obliged to deliver a Product free from defects unless the Product description explicitly states otherwise.
- In the case of a defect in the goods purchased from the Seller, where the description does not indicate a defect-free product, the Client has the right to file a complaint based on the warranty provisions in the Civil Code.
- The complaint should be submitted in writing or electronically to the addresses provided in these Regulations or using the electronic complaint form made available by the Seller on one of the Store’s subpages.
- It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Client's details submitting the complaint, and the Client's demands regarding the defective goods.
- The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Client's request has been deemed justified.
- Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the Product description in the Store. The Seller will also attach the warranty card to the sold Product.
§ 12. Out-of-Court Methods of Handling Complaints and Pursuing Claims
- Detailed information regarding the Consumer's ability to use out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and the Provincial Inspectorates of Trade Inspection, as well as at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer has the following examples of opportunities to use out-of-court methods of handling complaints and pursuing claims:
- The Consumer is entitled to appeal to a permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request for resolving a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to appeal to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148 as amended), with a request to initiate mediation proceedings for an amicable resolution of the dispute between the Consumer and the Seller.
- The Consumer can obtain free assistance in resolving a dispute between themselves and the Seller by also contacting the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumers’ Federation, the Association of Polish Consumers).
§ 13. Personal Data in the Online Store
- The administrator of personal data of Clients collected via the Online Store is the Seller.
- The personal data of Clients collected by the administrator via the Online Store is collected for the purpose of executing the Sales Agreement, and if the Client agrees, also for marketing purposes.
- The recipients of the personal data of Clients of the Online Store may include:
- In the case of a Client using the postal or courier delivery method in the Online Store, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary carrying out shipments on behalf of the Administrator.
- In the case of a Client using electronic payment or credit card methods in the Online Store, the Administrator provides the collected personal data of the Client to the selected entity servicing the aforementioned payments in the Online Store.
- The Client has the right to access the content of their data and to correct it.
- Providing personal data is voluntary, however, not providing the data specified in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§ 14. Final Provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e., changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Client about any changes at least 7 days in advance.
- In matters not regulated by these Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Electronic Services; the Act on Consumer Rights; the Act on Personal Data Protection.
- The Client has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, they can submit a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.