en
pl
RacingTires.pl is a leader in sports tire sales. The company was founded thanks to the passion for motoring and a desire to dostarcznia high-end tires. The constant contact with the world of motor sport allows us to maintain high quality service offering proven products for the individual needs of drivers
I. General provisions
1. These terms and conditions ("Terms and Conditions") govern the use of the www.RacingTires.pl Online Shop by Customers. Without limitations, these Terms and Conditions include:
3. The Online Shop may exclusively be used if the information technology system the Customer uses meets at least the following minimum technical requirements:
5. In line with the provisions of the applicable laws, RacingTires reserves the right to limit the provision of the services through the Online Shop to individuals aged at least 18. In such an event potential Customers shall be notified about such a restriction.
6. Customers may access these Terms and Conditions at any time using a hyperlink available on the home page of the RacingTires website and they can download it or print it.
7. The following terms used in these Terms and Conditions shall have the following meaning:
9. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Provision of Electronic Services Act.
10. The Online Shop can be contacted by electronic mail at the email address info@racingtires.pl, or by traditional post at the following address:
II. Terms of Use of the Online Shop
1. The Customer has an option to register an account with the Online Shop. The Customer may also place their Order without having registered their account with the Shop, provided he or she has first read these Terms and Conditions and accepted them.
2. In order to register, the Customer needs to fill in and submit an online registration form available on one of the Shop's pages.
3. Registering an account is contingent upon the Customer's first accepting the Terms and Conditions and submitting certain personal data that is indicated as required.
4. RacingTires may refuse the Customer the right to use the Online Shop or limit their access to all or some of the resources of the Online Shop immediately if the Customer breaches these Terms and Conditions, including without limitations in the following events:
6. Without limitation, the Customer shall:
The Customer's credit card shall be charged upon placing the Order.
VI. Provisions applicable to entrepreneur-consumers
1. An entrepreneur who is an individual trading as a business name (this section DOES NOT apply to commercial companies) is protected under the Consumer Rights Act, provided that the sales contract he or she concludes with the Seller is not of a professional nature.
2. The individual who is trading as a business name, referred to in (1) of this section, shall be protected only at the scope of:
- prohibited contractual provisions - the so-called ‘abusive clauses’,
- the Seller's warranty liability for physical or legal defects of the Product,
- the right to withdraw from a distance contract under the provisions of Section VII of these Terms and Conditions.
3. The rights of the entrepreneur referred to in (1) of this section under consumer protection laws shall be void if the Sales Contract they have concluded with the Seller is of a professional nature, which can be verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, including without limitation their registered codes of the Polish Classification of Activities defined therein.
4. The entrepreneur referred to in (1) of this section shall not be covered by institutional protection of consumers provided by poviat (i.e. county - transl.) consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).
VII. Right to withdraw from the contract
Notice on the Customer's right to withdraw from the contract and a specimen contract withdrawal statement form
The right to withdraw from the sales contract within 14 days applies exclusively to those Customers who are Consumers or Entrepreneur-Consumers.
You may withdraw from this contract within 14 days without giving any reason. The sales contract may be terminated within 14 days from the date on which the Customer enters into possession of the last piece or the last batch of the goods ordered, or on which a third party indicated by the Customer (other than the courier) enters into possession of the last part or batch.
In order to use the right to withdraw from the contract, the Customer needs to notify RacingTires (RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, info@racingtires, telephone: +48 71 740 00 54) about their withdrawal decision by means of an express statement, e.g. submitted by post, fax or email. The Customer can use the specimen contract withdrawal statement form, however, using that specific document template is not a requirement.
The statement of withdrawal from the contract shall also be deemed to have been submitted timely even if the Customer has merely notified the Shop about their decision to use their right to withdraw from the contract by the date of expiry of the 14-day period referred to in this section.
VIII. Consequences of withdrawal from the contract
Should the Customer withdraw from the contract, the Shop will refund to the Customer all the relevant payments received from them, including without limitation the applicable Goods shipping costs (except for the additional costs resulting from the Customer's choice of a different shipping method than the least expensive standard shipping the Shop offers) and will do so without any undue delay and in any case not later than within 14 days from the date on which the Customer notified the Shop about their decision to withdraw from the contract. The payment shall be refunded using the same method the Customer used for the original transaction, unless the Customer has given their prior express consent to a different solution. In any case, the Customer shall not be charged with any fees in connection with the refund. The Shop may withhold the refund until the time it receives the returned Goods or a proof of it having been shipped back, whichever occurs first.
The Customer is requested to ship or hand over the Goods without any delay and in any case not later than within 14 days from the date on which they notified the Shop about their withdrawal from the contract. That time frame shall be deemed complied with if the Customer ships the Goods out within the 14 days. The Shop covers the cost of the return postage of the Goods that can be returned by post. Should the characteristics of the Goods make it impossible to return them by post, the Customer shall be required to cover the cost of their returning by other method, which shall be 60 PLN. The Customer shall be solely liable for the reduction of the value of the Goods caused by the Goods having been handled in a way that was not necessary to verify their type, characteristics or their correct operation.
IX. Claims related to Goods
1. As the Seller, Racing Tires has statutory warranty liability for physical defects of the Goods to Customers who are Consumers or Entrepreneur-Consumers, as provided for by the Civil Code, including without limitation its Article 22[1] and Articles 556 and 556[1]-556[3] and the subsequent ones.
2. All claims, both those under the statutory consumer rights and those under these Terms and Conditions, should be made to: RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, Poland, info@racingtires.pl. RacingTires shall process each claim within a maximum period of 14 days. RacingTires' failure to process a claim within the period mentioned in the preceding sentence shall automatically render such claim resolved in Customer's favour.
3. For Sales Contracts executed with Customers who are not Consumers or Entrepreneur-Consumers under Article 558 § 1 of the Civil Code, the Online Shop's warranty liability for physical defects of the Goods is hereby excluded. The exclusion referred to in the preceding sentence shall be null and void if the Seller had fraudulently concealed a defect.
X. Claims and complaints related to services provided electronically
1. RacingTires makes every effort to ensure the Shop remains fully operational at all times using its best technical expertise and agrees to resolve all irregularities reported by Customers as soon as possible.
2. The Customer is obliged to notify RacingTires immediately about every irregularity or downtime of the Online Shop's website noticed.
3. All feedback regarding any irregularities in the operation of the Shop can be reported in writing to: RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, Poland or at info@racingtires.pl
4. Each such claim or complaint should include the Customer's full name, mailing address, a description of the nature of the malfunction of the Shop and the date on which it occurred.
5. RacingTires undertakes to process each such claim or complaint within 14 days of its receipt. RacingTires' failure to process a claim within the period mentioned in the preceding sentence shall automatically render such claim resolved in Customer's favour.
XI. Disputes and final provisions
1. There are certain non-judicial procedures a Customer who is a Consumer or an Entrepreneur-Consumer may resort to in order to have their claim reviewed. A Consumer who seeks an amicable resolution to a dispute related to their online purchase can file their complaint e.g. with the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/
2. If the Consumer or the Entrepreneur-Consumer is not interested in a non-judicial resolution of their dispute with RacingTires, the dispute shall be resolved by relevant courts under the applicable provisions of the Polish Civil Procedure Code.
3. Any disputes between RacingTires and a Customer who is not a Consumer and not an Entrepreneur-Consumer shall be resolved by a court territorially relevant to the RacingTires' registered office.
4. To all matters not governed by these Terms and Conditions the provisions of the Polish Civil Code, the Electronic Services Act and other applicable Polish legal acts shall apply.
XII. Processing of personal data
Pursuant to the provisions of the Regulation of the European Parliament and the Council (EU) 2016/679 dated 27 April 2016 of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, I hereby represent as follows:
1. The RacingTires Online Shop is available online at www.racingtires.pl and is operated by VIDIS S.A., whose. Logistyczna 4, 55-040 Bielany Wrocławskie, Poland, VAT No. (NIP): 899-25-22-420, REGON (Company registration no.): 933038687, which is listed in the Register of Businesses at the Regional Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under entry no. 0000360399.
2. Your personal data shall be processed until the consent for their processing is withdrawn.
3. The personal data may only be accessed by authorised staff responsible for sales and dispatch of Goods.
4. You may request accessing your personal data or having it corrected at your discretion. In addition, you are entitled to remove your personal data or request that its processing be limited. You may object to the further processing of your personal data or request that it be moved.
5. You have the right to file a complaint to the relevant control authority, i.e. to the President of the Polish Personal Data Protection Office (UODO).
6. Although the Customer provides their personal data voluntarily, the Customer's refusal to provide it may make it impossible for RacingTires to perform a contract or deliver a service duly.
7. The personal data provided to RacingTires is used to perform the contract executed.
XIII. Final provisions
1. Amendments to these Terms and Conditions:
3. A Customer who is a Consumer or an Entrepreneur-Consumer and has entered a dispute with the Seller may choose to follow non-judicial procedures of claim review and dispute resolution. Without limitation, a Consumer can:
1. These terms and conditions ("Terms and Conditions") govern the use of the www.RacingTires.pl Online Shop by Customers. Without limitations, these Terms and Conditions include:
a. terms of execution and performance of sales contracts;
b. terms of provision of online services;
c. terms governing the Consumers’ and Entrepreneur-Consumers’ use of their right to withdraw from a sales contract without giving any reason;
d. terms and procedure of warranty claim processing.
2. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Provision of Electronic Services Act.3. The Online Shop may exclusively be used if the information technology system the Customer uses meets at least the following minimum technical requirements:
a. the Customer's device can access the Internet
b. an internet browser (Edge, Chrome, Firefox, Opera, Safari) with enabled JavaScript support has been installed
c. the Customer has access to an active electronic mail (email) account
d. the recommended minimum screen resolution is 1024x768.
4. In order to use the Online Shop, the Customer needs to obtain access to a computer workstation or an end device with Internet access at their own effort and expense.5. In line with the provisions of the applicable laws, RacingTires reserves the right to limit the provision of the services through the Online Shop to individuals aged at least 18. In such an event potential Customers shall be notified about such a restriction.
6. Customers may access these Terms and Conditions at any time using a hyperlink available on the home page of the RacingTires website and they can download it or print it.
7. The following terms used in these Terms and Conditions shall have the following meaning:
a. Online Shop (Shop) – the online shop available at www.racingtires.pl, which the Customer can use, without limitation, to place Orders.
b. Personal Data Controller:
VIDIS S.A.
ul. Logistyczna 4,
55-040 Bielany Wrocławskie
Poland
VAT no.: 899-25-22-420
REGON: 933038687,
listed in the Register of Businesses at the Regional Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under entry no. 0000360399.
c. Customer – a natural person, or a legal person, or a corporate body that is not a legal person to whom special regulations grant legal capacity, who places an Order with the Shop.
d. Consumer – according to Article 22[1] of the Polish Civil Code, a natural person who enters a legal transaction with a business, provided that such legal transaction is not directly related to such natural person's business or professional activity.
e. Seller – the RacingTires online shop operated by VIDIS S.A., ul. Logistyczna 4, Bielany Wrocławskie 55-040 Kobierzyce, Poland, VAT no: 899-25-22-420, REGON: 933038687
f. Price – the price that the Shop's Customer shall be obliged to pay for the products of choice if he or she executes a sales contract. The Price can be expressed in the following currencies: the Polish zloty (PLN). The Price quoted includes the applicable value-added tax (VAT). The prices in the Online Shop do not include the shipping costs, which are quoted separately upon placing an Order with the Shop. The Seller guarantees that the price displayed upon placing the Order remains unchanged in the course of the performance of the sales contract executed based on such Order placed.
g. Civil Code – the act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
h. Terms and Conditions – these Terms and Conditions of provision of electronic services by means of the RacingTires Online Shop.
i. Goods – the products presented in the Online Shop.
j. Sales Contract – the contract for the sales of the Goods within the meaning of the Civil Code, executed by and between RacingTires and the Customer using the Online Shop website.
k. Consumer Rights Act – the act of 30 May 2014 on consumers' rights (Polish: Ustawa o prawach konsumenta) (Journal of Laws of 2014, item 827).
l. Provision of Electronic Services Act – the act of 18 July 2002 on the electronic provision of services (Polish: Ustawa o świadczeniu usług drogą elektroniczną) (Journal of Laws No. 144, item 1204 as amended).
m. Order – Customer's declaration of intent directly aimed at executing a Sales Contract. Without limitation, an Order specifies the type and the quantity of the Goods.
8. The RacingTires Online Shop is available online at www.racingtires.pl and is operated by ViDiS S.A., registered at ul. Logistyczna 4, 55-040 Bielany Wrocławskie, Poland, VAT number: 899-25-22-420, REGON (company registration number): 933038687, and listed in the Register of Businesses at the Regional Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under entry no. 0000360399.9. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Provision of Electronic Services Act.
10. The Online Shop can be contacted by electronic mail at the email address info@racingtires.pl, or by traditional post at the following address:
VIDIS S.A.
ul. Logistyczna 4,
55-040 Bielany Wrocławskie
Poland
II. Terms of Use of the Online Shop
1. The Customer has an option to register an account with the Online Shop. The Customer may also place their Order without having registered their account with the Shop, provided he or she has first read these Terms and Conditions and accepted them.
2. In order to register, the Customer needs to fill in and submit an online registration form available on one of the Shop's pages.
3. Registering an account is contingent upon the Customer's first accepting the Terms and Conditions and submitting certain personal data that is indicated as required.
4. RacingTires may refuse the Customer the right to use the Online Shop or limit their access to all or some of the resources of the Online Shop immediately if the Customer breaches these Terms and Conditions, including without limitations in the following events:
a. if, upon registering with the Online Shop, the Customer provided false, inaccurate or outdated information or any information that is misleading or infringes the rights of any third parties;
b. if the Customer's use of the Online Shop has infringed the personality rights of any third parties, including without limitation any personality rights of other customers of the Online Shop;
c. if the Customer has committed any other act that RacingTires finds in breach of the applicable laws or general rules of use of the Internet or deems damaging to RacingTires' reputation.
5. In order to ensure the security of messaging and data transmissions related to the services provided using the website, the Online Shop implements technological and organisational measures adequate to the existing level of security threats, including without limitation measures aimed at preventing the personal data transmitted over the Internet from being obtained or modified by unauthorised parties.6. Without limitation, the Customer shall:
a. always use the Online Shop in line with the provisions of all applicable laws that are in force on the territory of the Republic of Poland, the provisions of these Terms and Conditions and the general rules for the use of the Internet,
b. never use or transmit any content forbidden by law, including without limitation any content that promotes violence or is defamatory or infringes personality rights or any other rights of any third parties,
c. always use the Online Shop in a way that does not affect its operation, including without limitation as a result of the use of specific software or equipment,
d. refrain from such actions as distributing or publishing unsolicited commercial information (spam) on the Online Shop,
e. use the Online Shop in a way that does not cause any inconvenience to other customers or to RacingTires,
f. use all content published on the Online Shop solely for the Customer's own private personal purposes.
III. Sales Contract execution procedure
1. In order to execute a Sales Contract through the Online Shop, the Customer needs to visit the www.racingtires.pl website and select the Goods he or she intends to purchase by performing a series of technical operations based on on-screen instructions and information published on the Shop website.
2. In order to be selected for purchase, the Goods must be placed by the Customer in their online cart.
3. While placing the Order – until the Customer has clicked the button that eventually confirms the placement of the Order – the Customer can modify the information they input and the Goods they selected based on the on-screen prompts and the information displayed on the Shop's website.
4. After the Customer has provided all the information required by the Online Shop, a summary of their Order will be displayed. Among other details, it will include descriptions of the Goods or services selected for purchase, their total Price and all other costs and charges.
5. In order to effectively place the Order, the Customer has to accept the provisions of the Terms and Conditions, provide certain details of their personal data that are marked as required and click the button that confirms placing the Order.
6. The details of the Goods published on the Shop's website pages, including without limitation their descriptions, specifications and prices, shall be deemed to constitute merely an invitation to execute a sales contract, within the meaning of Article 71 of the Civil Code. The Order submitted by the Customer shall be deemed as the Customer's declaration of the intent to execute a Sales Contract with RacingTires in line with the provisions of these Terms and Conditions.
After the Order has been placed the client receives an e-mail containing all significant elements of the order. The e-mail only confirms receiving the order and does not constitute a declaration of intent to conclude the Contract. The Contract shall be deemed concluded when the Customer receives the second e-mail containing the final confirmation of all significant elements of ther Order by the employee of the Store. This e-mail constitutes a declaration of intent confirming acceptance of the Order and conclusion of the Contract with the Store.
7. The Sales Contract shall be executed in the Polish language and its provisions shall comply with these Terms and Conditions.
8. Customers may access these Terms and Conditions at any time using a hyperlink available on the home page of the www.racingtires.pl website and they can download it or print it.
9. The details of the Order and the General Terms (these Terms and Conditions) are consolidated, recorded and made accessible by electronic mail. The Customer may view their previous orders on their account page, in order to access which they need to log in.
IV. Delivery
1. The Goods are delivered to the address provided by the Customer upon placing the Order. Goods can only be delivered to shipping addresses within Europe.
2. Delivery time is indicated for each offer individually. Delievery of ordered Goods is realized through:
- DPD courier company - delivery time maximum 21 working days;
- Hellmann's courier company - delivery time maximum 21 working days;
- Rohlig Suus courier company - delivery time maximum 21 working days.
3. The Goods that are available on stock are dispatched not later than in 3 business days from the date of Order placement and payment (and in majority of cases, on the day of Order placement).
4. The delivery time shall run from the moment at which the payment is successfully authorised.
5. If the Customer notices upon delivery that the Goods delivered to them are damaged or incomplete, the Customer and the courier shall draw up a delivery defect protocol. If the Customer discovers any damage that occurred in transit upon receiving the Goods, the Customer should contact the Shop.
V. Prices and methods of payment
1. The Prices of Goods are specified in the Polish zloty (PLN) and include all price components, including VAT (with the applicable VAT rate indicated), customs fees and other charges.
2. The Customer can pay the Price:
a. by wire transfer to the shop's bank account,
b. by cash on delivery (15 PLN surcharge),
c. by means of an instant online payment processing service (no surcharge),
d. available means of payment: payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
3. The online payments processing service is provided by Blue Media S.A.The Customer's credit card shall be charged upon placing the Order.
VI. Provisions applicable to entrepreneur-consumers
1. An entrepreneur who is an individual trading as a business name (this section DOES NOT apply to commercial companies) is protected under the Consumer Rights Act, provided that the sales contract he or she concludes with the Seller is not of a professional nature.
2. The individual who is trading as a business name, referred to in (1) of this section, shall be protected only at the scope of:
- prohibited contractual provisions - the so-called ‘abusive clauses’,
- the Seller's warranty liability for physical or legal defects of the Product,
- the right to withdraw from a distance contract under the provisions of Section VII of these Terms and Conditions.
3. The rights of the entrepreneur referred to in (1) of this section under consumer protection laws shall be void if the Sales Contract they have concluded with the Seller is of a professional nature, which can be verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity (CEIDG) of the Republic of Poland, including without limitation their registered codes of the Polish Classification of Activities defined therein.
4. The entrepreneur referred to in (1) of this section shall not be covered by institutional protection of consumers provided by poviat (i.e. county - transl.) consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).
VII. Right to withdraw from the contract
Notice on the Customer's right to withdraw from the contract and a specimen contract withdrawal statement form
The right to withdraw from the sales contract within 14 days applies exclusively to those Customers who are Consumers or Entrepreneur-Consumers.
You may withdraw from this contract within 14 days without giving any reason. The sales contract may be terminated within 14 days from the date on which the Customer enters into possession of the last piece or the last batch of the goods ordered, or on which a third party indicated by the Customer (other than the courier) enters into possession of the last part or batch.
In order to use the right to withdraw from the contract, the Customer needs to notify RacingTires (RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, info@racingtires, telephone: +48 71 740 00 54) about their withdrawal decision by means of an express statement, e.g. submitted by post, fax or email. The Customer can use the specimen contract withdrawal statement form, however, using that specific document template is not a requirement.
The statement of withdrawal from the contract shall also be deemed to have been submitted timely even if the Customer has merely notified the Shop about their decision to use their right to withdraw from the contract by the date of expiry of the 14-day period referred to in this section.
VIII. Consequences of withdrawal from the contract
Should the Customer withdraw from the contract, the Shop will refund to the Customer all the relevant payments received from them, including without limitation the applicable Goods shipping costs (except for the additional costs resulting from the Customer's choice of a different shipping method than the least expensive standard shipping the Shop offers) and will do so without any undue delay and in any case not later than within 14 days from the date on which the Customer notified the Shop about their decision to withdraw from the contract. The payment shall be refunded using the same method the Customer used for the original transaction, unless the Customer has given their prior express consent to a different solution. In any case, the Customer shall not be charged with any fees in connection with the refund. The Shop may withhold the refund until the time it receives the returned Goods or a proof of it having been shipped back, whichever occurs first.
The Customer is requested to ship or hand over the Goods without any delay and in any case not later than within 14 days from the date on which they notified the Shop about their withdrawal from the contract. That time frame shall be deemed complied with if the Customer ships the Goods out within the 14 days. The Shop covers the cost of the return postage of the Goods that can be returned by post. Should the characteristics of the Goods make it impossible to return them by post, the Customer shall be required to cover the cost of their returning by other method, which shall be 60 PLN. The Customer shall be solely liable for the reduction of the value of the Goods caused by the Goods having been handled in a way that was not necessary to verify their type, characteristics or their correct operation.
SPECIMEN CONTRACT WITHDRAWAL STATEMENT FORM
(This form should be filled in and returned exclusively if the Customer desires to withdraw from the contract.)
– To: VIDIS S.A., ul. Logistyczna 4, 55-040 Kobierzyce, Poland, with a note “RacingTires” on the envelope; info@racingitres.pl, phone: +48 71 740 00 54)
– I/We(*) hereby notify you about my/our withdrawal from the sales contract that covers the following Goods(*)/contract for the delivery of the following Goods(*)/work contract for the performance and delivery of the following Goods(*)/delivery of the following service(*):
– Date of contract execution(*)/delivery(*)
– Consumer's/Consumers' full name(s)
– Consumer's/Consumers' address
– Consumer's/Consumers' signature (only if this form is submitted on paper)
– Date
(*) Delete as appropriate.
Should a need arise to return funds remitted by the customer as part of the transaction using a payment card, the Seller shall refund them to the ordering party’s bank account the payment card is assigned to. IX. Claims related to Goods
1. As the Seller, Racing Tires has statutory warranty liability for physical defects of the Goods to Customers who are Consumers or Entrepreneur-Consumers, as provided for by the Civil Code, including without limitation its Article 22[1] and Articles 556 and 556[1]-556[3] and the subsequent ones.
2. All claims, both those under the statutory consumer rights and those under these Terms and Conditions, should be made to: RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, Poland, info@racingtires.pl. RacingTires shall process each claim within a maximum period of 14 days. RacingTires' failure to process a claim within the period mentioned in the preceding sentence shall automatically render such claim resolved in Customer's favour.
3. For Sales Contracts executed with Customers who are not Consumers or Entrepreneur-Consumers under Article 558 § 1 of the Civil Code, the Online Shop's warranty liability for physical defects of the Goods is hereby excluded. The exclusion referred to in the preceding sentence shall be null and void if the Seller had fraudulently concealed a defect.
X. Claims and complaints related to services provided electronically
1. RacingTires makes every effort to ensure the Shop remains fully operational at all times using its best technical expertise and agrees to resolve all irregularities reported by Customers as soon as possible.
2. The Customer is obliged to notify RacingTires immediately about every irregularity or downtime of the Online Shop's website noticed.
3. All feedback regarding any irregularities in the operation of the Shop can be reported in writing to: RacingTires, ul. Logistyczna 4, 55-040 Kobierzyce, Poland or at info@racingtires.pl
4. Each such claim or complaint should include the Customer's full name, mailing address, a description of the nature of the malfunction of the Shop and the date on which it occurred.
5. RacingTires undertakes to process each such claim or complaint within 14 days of its receipt. RacingTires' failure to process a claim within the period mentioned in the preceding sentence shall automatically render such claim resolved in Customer's favour.
XI. Disputes and final provisions
1. There are certain non-judicial procedures a Customer who is a Consumer or an Entrepreneur-Consumer may resort to in order to have their claim reviewed. A Consumer who seeks an amicable resolution to a dispute related to their online purchase can file their complaint e.g. with the European Commission's Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/
2. If the Consumer or the Entrepreneur-Consumer is not interested in a non-judicial resolution of their dispute with RacingTires, the dispute shall be resolved by relevant courts under the applicable provisions of the Polish Civil Procedure Code.
3. Any disputes between RacingTires and a Customer who is not a Consumer and not an Entrepreneur-Consumer shall be resolved by a court territorially relevant to the RacingTires' registered office.
4. To all matters not governed by these Terms and Conditions the provisions of the Polish Civil Code, the Electronic Services Act and other applicable Polish legal acts shall apply.
XII. Processing of personal data
Pursuant to the provisions of the Regulation of the European Parliament and the Council (EU) 2016/679 dated 27 April 2016 of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, I hereby represent as follows:
1. The RacingTires Online Shop is available online at www.racingtires.pl and is operated by VIDIS S.A., whose. Logistyczna 4, 55-040 Bielany Wrocławskie, Poland, VAT No. (NIP): 899-25-22-420, REGON (Company registration no.): 933038687, which is listed in the Register of Businesses at the Regional Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under entry no. 0000360399.
2. Your personal data shall be processed until the consent for their processing is withdrawn.
3. The personal data may only be accessed by authorised staff responsible for sales and dispatch of Goods.
4. You may request accessing your personal data or having it corrected at your discretion. In addition, you are entitled to remove your personal data or request that its processing be limited. You may object to the further processing of your personal data or request that it be moved.
5. You have the right to file a complaint to the relevant control authority, i.e. to the President of the Polish Personal Data Protection Office (UODO).
6. Although the Customer provides their personal data voluntarily, the Customer's refusal to provide it may make it impossible for RacingTires to perform a contract or deliver a service duly.
7. The personal data provided to RacingTires is used to perform the contract executed.
XIII. Final provisions
1. Amendments to these Terms and Conditions:
a. The Seller reserves the right to amend these Terms and Conditions from time to time. Each time an amendment is made, it will be expressly announced on the Online Shop website. In addition, following each such amendment the Customer shall be asked to accept the new wording of the Terms and Conditions before they place another Order.
b. Amendments to these Terms and Conditions shall not affect any rights obtained by the Customers who use the Online Shop prior to the date of such amendments' coming into force, including without limitation they shall not affect any Orders already placed or being processed. Should any orders be in the course of processing while an amendment to the Terms and Conditions becomes effective, such Orders shall be processed under the provisions of the previous wording of the Terms and Conditions.
2. Sales Contracts applicable to the Goods are executed under the laws of Poland and are worded in the Polish language.3. A Customer who is a Consumer or an Entrepreneur-Consumer and has entered a dispute with the Seller may choose to follow non-judicial procedures of claim review and dispute resolution. Without limitation, a Consumer can:
a. file a request for arbitration in the dispute arisen of a Sales Contract with the permanent arbitration court for consumers at a Trade Inspection authorities,
b. contact the provincial inspector of the Trade Inspection authorities and request that a mediation procedure be commenced in order to enable amicable resolution of the dispute between the Customer and the Seller,
c. obtain free assistance in their efforts aimed at resolving the dispute between the Customer and the Seller from the local (e.g. municipal) consumer ombudsman or community organisation whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich).
4. All disputes between the Seller and the Customer who is not a Consumer within the meaning of Article 22[1] of the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) shall be resolved by a court territorially relevant to the Seller's registered office. The Seller is ready to enter a variety of dispute resolution procedures, e.g. ones offered by non-governmental organisations, arbitrators or negotiators.
