Terms and conditions of the rm-motors.com online shop

Defining, among others, rules for the conclusion of contracts of sale via the Shop, containing the most important information about the Seller, shop, and Consumer rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Execution of an order
§ 7 Right of withdrawal from the contract
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints

  • 10 Guarantee
    § 11Personal data
    § 12Disclaimers
    Annex No. 1: Withdrawal form template
  • 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays.
Account – governed by separate regulations a free function of the Shop (a service provided by electronic means), which allows a Buyer to create an individual Account in the Shop.
Consumer – a Consumer within the meaning of the Civil Code.
Buyer – any entity purchasing in the Shop.
Terms and Conditions – these terms and conditions.
Shop – the online shop rm-motors.pl run by the Seller at https://www.rm-motors.com.
Seller – RAFAŁ BIAŁOUSZ, MAREK KODZIK, entrepreneurs conducting business activities under the name RM Motors s.c. Rafał Białousz, Marek Kodzik, registered in the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 7393673603, REGON 280280459, ul. Olsztyńska 8, 11-001 Dywity.

  • 2 CONTACT WITH THE SELLER
  1. Mail address: ul. Olsztyńska 8, 11-001 Dywity
  2. E-mail address: sklep@rm-motors.pl
  3. Phone: 662272559
  • 3 TECHNICAL REQUIREMENTS
  1. It is necessary for the proper functioning of the Shop:
    • A device with Internet access
    • A web browser which supports JavaScript and cookie files.
  2. To place an order in the Shop, in addition to the requirements specified in Section 1, it is necessary to have an active e-mail account.
  • 4 SHOPPING IN THE SHOP
  1. The prices of goods in the Shop are the total prices of goods, including VAT.
  2. The Seller points out that the total order price includes indicated in the Shop: the price for the goods and, if applicable, the cost of delivery of the goods.
  3. The goods chosen to buy must be added to the basket in the Shop.
  4. Then, the Buyer chooses from the available in the Shop: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to fulfill the order.
  5. The order is placed at the moment of confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
  6. Placing an order means concluding a contract of sale between the Buyer and the Seller.
  7. The Seller shall provide the Consumer with the confirmation of the contract of sale on a durable medium upon delivery of the goods at the latest.
  8. The Buyer can register in the Shop, that is create an Account there or make purchases without registration by providing their data every time an order is placed.
  • 5 PAYMENTS
  1. The orders can be paid for, depending on the Buyer’s choice.
    1. By a bank transfer to the bank account of the Seller.
    2. By credit card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. Through payment platforms:
      • CashBill
      • PayPal
    4. COD, that is in cash or by credit card upon delivery of the goods to the Buyer.
    5. In cash upon personal collection of the goods.
  2. In the case when a payment through the CashBill payment platform has been chosen, the online payment service provider is CashBill S.A.
  3. If a payment in advance has been chosen by the Buyer, the order must be paid within 7 working days from the order placement.
  4. The Seller informs that in the case of some payment methods, due to their specific nature, the payment of the order by this method is possible only immediately after the placement of the order.
  5. While shopping in the Shop, the Buyer accepts the use of electronic invoices by the Seller. The buyer is entitled to withdraw their acceptance.
  • 6 EXECUTION OF AN ORDER
  1. The Seller is obliged to deliver the goods free from defects.
  2. The deadline for execution of the Order is 7 working days from the purchase date.
  3. In the case when a payment in advance has been chosen by the Buyer, the Seller proceeds to the execution of the order after its payment.
  4. If the Buyer has purchased goods with different delivery dates within one order, it will be completed on the date appropriate for the goods with the latest delivery date.
  5. The goods are delivered within the territory of Poland and the European Union.
  6. Shipping of the goods outside the European Union can be priced individually.
  7. The goods purchased in the Shop are delivered depending on the method of delivery chosen by the Buyer:
    1. By a courier company
  8. The Buyer can collect the goods in person in the company’s premises in the opening hours.
  9. In the case when the Buyer chooses to collect the goods in person, the goods will be ready to collect within the term of the order completion, and in the case when the Seller indicates the date of delivery of the goods – on this date.
  • 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
  1. The Consumer is entitled to withdraw from the contract concluded with the Seller through the Shop, subject to Section 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The period for withdrawal from the contract expires after 14 days from the day:
    1. On which the Consumer acquired possession of the goods or on which a third party other than the carrier and indicated by the Consumer acquired possession of the goods.
    2. On which the Consumer acquired possession of the last item or on which a third party other than the carrier and indicated by the Consumer took possession of the last item in the case of a contract binding to transfer the ownership of several items which are delivered separately.
    3. Conclusion of a contract – in the case of a contract for the supply of digital content.
  3. In order for the Consumer to exercise their right to withdraw from the contract, using the data provided in Section 2 of the Terms and Conditions, they must inform the Seller of the decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by mail or information sent by e-mail).
  4. The Consumer can use the withdrawal form template attached at the end of the Terms and Conditions,however, it is not mandatory.
  5. To keep the deadline for withdrawal from the contract, it is sufficient if the Consumer sends information about their rights to withdraw from the Contract before the end of the withdrawal period.

    EFFECTS OF WITHDRAWAL FROM THE CONTRACT

  6. In the case of withdrawal from the contract, the Seller reimburses all payments received from the Consumer, including the costs of delivery of goods (except when the Consumer decides to withdraw from the contract after having received the goods or the reimbursement of additional costs resulting from the chosen by the Consumer method of delivery other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed of the Consumer’s decision to execute the right to withdraw from the contract.
  7. The reimbursement will be made by the Seller using the same means of payment used by the Consumer in the original transaction, unless the Consumer agrees otherwise, in any case the Consumer will not incur any fees in connection with this reimbursement.
  8. The seller may withhold the reimbursement of the payment until the receipt of the goods or until the consumer has supplied evidence of having sent back the goods, depending on which event occurs first.
  9. The Seller asks to return the goods to the address: ul. Olsztyńska 8, 11-001 Dywity immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the contract of sale. The deadline is met if the Consumer sends back the goods within the term of 14 days.
  10. The Consumer bears the direct costs of returning the goods.
  11. The consumer is only liable for the decrease in the value of the goods resulting from their use in a different way than it was necessary to establish the nature, characteristics and functioning of the goods.
  12. If, due to their nature, the goods cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. In the case when the Seller collects the goods, the Buyer bears the costs of the whole process. The Consumer will be informed by the Seller of the estimated amount of the costs.
  13. If there is a need to return funds for the transaction made by the Consumer with a payment card, the Seller will refund to the bank account assigned to the payment card or to the account indicated by the Seller.
  • 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
  1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
    1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or responding to their personal needs.
    2. In which the subject of the service are items which after delivery, due to their nature, are inseparably connected with other things.
    3. In which the price or remuneration depends on fluctuations in the financial market which cannot be controlled by the entrepreneur, and which can occur within the withdrawal period.
  2. The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.
  3. The right to withdraw from a distance contract is not entitled in the case of defects or failures caused by negligence, inappropriate use or modification, without a prior written agreement with the manufacturer (Seller) or improper implementation.
  • 9 COMPLAINTS
  1. In the event of a defect in the goods, the Buyer has the right to complain about the defective goods on the basis of a warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
  2. Using the warranty, on the terms and within the time limits specified in the Civil Code, the Buyer can:
    1. Submit a statement of a a price reduction
    2. In the case of a material defect – submit a statement of withdrawal from the contract
    3. Demand a replacement of the goods with goods free of defects
    4. Demand to remove the defect
  3. The Seller asks to submit a complaint based on the warranty to the postal or e-mail address indicated in Section 2 of the Terms and Conditions.
  4. If in order to consider a complaint it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer, at the expense of the Seller, to the address: ul. Olsztyńska 8, 11-011 Dywity.
  5. If an additional guarantee was granted to the goods, the information about it and about its conditions is available in the product description in the Shop.
  6. Complaints concerning the operation of the Shop should be directed to the e-mail address specified in Section 2 of the Terms and Conditions.
  7. The Seller will consider the complaint within 14 days.
  8. If the goods are unsuitable or defective, the Buyer is obliged to inform the Seller about the situation. The Seller will not be liable nor cover the costs of a modification of the vehicle or any element of it without prior notification and consultation with the Seller.

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

  9. If the complaint procedure does not bring the result expected by the Consumer, the Consumer can take advantage, among others, of:
    1. Mediation by the competent Provincial Inspectorate of Trade Inspection to which a request for mediation should be submitted. As a principle, the procedure is free of charge. The list of inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of the competent and permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a principle, the procedure is free of charge. The list of courts can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Free-of-charge assistance of the municipal or district consumer ombudsman.
    4. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
  • 10 GUARANTEE
  1. Aluminized products are covered by an 18 month guarantee starting from the day of purchase, however, not longer than 24 months from the date of manufacturing.
  2. Stainless steel products are covered by a 24 month guarantee starting from the day of purchase.
  3. The guarantee covers defects and damages due to defective goods and occurred during proper use.
  4. Together with the sales receipt, the goods must be returned to RM-Motors at the expense of the Consumer.
  5. The Seller grants no guarantee in relation to the sound and performance connected with the exhaust system installed in any vehicle.
  6. The Seller determines the method of repair. The repair should be completed not later than 14 days from the date of submission.
  7. To use the guarantee, the Consumer is obliged to submit the completed guarantee card together with the sales receipt.
  8. The Seller is obliged to complete the guarantee card upon delivery of the product.
  9. The guarantee does not cover:
  10. defects or failures caused by negligence, inappropriate use or modification, without a written agreement with the manufacturer or improper implementation
  11. damages caused by any defects or abnormal operating of other parts of the vehicle
  12. damages caused by repairs or modifications performed by unauthorized persons.
  • 11 PERSONAL DATA
  1. The controller of the personal data provided by the Buyer when using the Shop is the Seller.
  2. The personal data of the Buyer is processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller can be found in the privacy policy posted in the Shop.
  • 12 DISCLAIMERS
  1. The Buyer is forbidden to provide any illegal content.
  2. Every order placed in the Shop constitutes a separate contract of sale and requires separate acceptance of the terms. The contract is concluded for the period and purpose necessary for the completion of the order.
  3. Any dispute arising between the Seller and the Buyer who is not a Consumer will be settled by the court having jurisdiction over the Seller’s registered office.
  4. No provision of these Terms and Conditions excludes or limits in any way the Consumer’s rights under applicable law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex No. 1 to the Terms and Conditions

Below is a withdrawal form template which the Consumer can but does not have to take advantage of: WITHDRAWAL FORM TEMPLATE

WITHDRAWAL FORM TEMPLATE
(complete and return this form only if you wish to withdraw from the contract)

RM Motors s.c. Rafał Białousz, Marek Kodzik, ul. Olsztyńska 8, 11-001 Dywity. E-mail address: sklep@rm-motors.pl

– I/We(*) …………………………………………………………… notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*):

……………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………….

– Date of contract conclusion(*)/receipt(*) ………………………………………………………………………………………………………………

– Name and surname of the Customer (-s):
……………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………

– Address of the Customer (-s): ……………………………………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………………………………….

…………………………………………………….
Signature of the Customer
(only if this form is notified in writing)

Date …………………………………………………….

(*) Delete if not applicable.

Terms and Conditions for the Account in the shop Wydechowe.pl

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Disclaimers

  • 1 DEFINITIONS

Account – governed by these terms and conditions a free function of the Shop (a service), which allows a Buyer to create an individual Account in the Shop.
Buyer – any entity purchasing in the Shop.
Shop – the online shop rm-motors.com run by the Seller at https://www.rm-motors.com
Seller – RAFAŁ BIAŁOUSZ, MAREK KODZIK, entrepreneurs conducting business activities under the name RM Motors s.c. Rafał Białousz, Marek Kodzik, registered in the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 7393673603, REGON 280280459, ul. Olsztyńska 8, 11-001 Dywity.

  • 2 CONTACT WITH THE SELLER
  1. Mail address: ul. Olsztyńska 8, 11-001 Dywity
  2. E-mail address: sklep@rm-motors.pl
  3. Phone: 662272559
  • 3 TECHNICAL REQUIREMENTS
  1. It is necessary for the proper functioning and creating an Account:
    • An active e-mail account
    • A device with Internet access
    • A web browser which supports JavaScript and cookie files
  • 4 ACCOUNT
  1. Creating an Account is entirely voluntary and depends on the will of the Buyer.
  2. The Account gives the Buyer additional possibilities, like: browsing the history of orders placed by the Buyer in the Shop, checking the status of the order or independent edition of the Buyer’s data.
  3. In order to create an Account, complete the appropriate form in the Shop.
  4. At the moment of creating an Account, the Buyer and the Seller enter into a contract for an indefinite period of time in the scope of keeping the Account on the basis of the Terms and Conditions.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to cancel your Account, please send your resignation to the Seller to the e-mail address: sklep@rm-motors.pl, which will result in an immediate removal of the Account and termination of the contract in the scope of keeping the Account.
  • 5 COMPLAINTS
  1. Complaints concerning the functioning of the Account should be directed to the e-mail address sklep@wydechowe.pl.
  2. The Seller will consider the complaint within 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer can take advantage, among others, of:
    1. Mediation by the competent Provincial Inspectorate of Trade Inspection to which a request for mediation should be submitted. As a principle, the procedure is free of charge. The list of inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of the competent and permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a principle, the procedure is free of charge. The list of courts can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. The ODR platform is available at: http://ec.europa.eu/consumers/odr/.
  • 6 PERSONAL DATA
  1. The controller of the personal data provided by the Buyer when using the Shop is the Seller.
  2. The personal data of the Buyer is processed on the basis of the contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller can be found in the privacy policy posted in the Shop.
  • 7 DISCLAIMERS
  1. The Buyer is forbidden to provide any illegal content.
  2. In the event of important reasons referred to in section 4, the Seller is entitled to amend these Terms and Conditions for the Account.
  3. The important reasons referred to in section 3 are:
    1. the necessity to adjust the Shop to comply with the law applicable to the activities of the Shop
    2. the improvement of the safety of the provided service
    3. changing the functionality of the Account requiring a modification of the Terms and Conditions for the Account.
  4. The Buyer will be informed about a planned amendment of the Terms and Conditions for the Account at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.
  5. If the Buyer does not accept a planned amendment, they should inform the Seller about it by sending an appropriate message to the e-mail address of the Seller sklep@rm-motors.pl, which will result in termination of the contract in the scope of keeping the Account when the planned amendment is implemented or earlier if the Buyer makes such a request.
  6. If the Buyer does not object to a planned amendment until its effective date, it is assumed that the amendment has been accepted, which does not constitute any obstacle to the termination of the contract in the future.
  7. Any dispute arising between the Seller and the Buyer who is not a Consumer will be settled by the court having jurisdiction over the Seller’s registered office.
  8. No provision of these Terms and Conditions excludes or limits in any way the Consumer’s rights under applicable law.