turbochargers-shop.com

Terms and Conditions

§ 1 Glossary of Terms

  1. Seller, Service Provider, Administrator (of Data) - QRP Automotive SP. Z O.O., with its registered office at Bratnia 8, PL-56-400 Oleśnica, with NIP number: 9112055005, REGON number: 529935630.
  2. Store - the online service belonging to the Seller, available under the domain turbochargers-shop.com along with all its subpages and subdomains, through which the Buyer can place Orders.
  3. Buyer - any entity placing an order in the Store (Consumer, Entrepreneur with Consumer Rights, or a person without Consumer status).
  4. Consumer - a Buyer who is a natural person performing a legal transaction (a sales contract via the Store) not directly related to their business or professional activity (Article 221 of the Polish Civil Code).
  5. Entrepreneur with Consumer Rights - a natural person concluding a contract with the Seller directly related to their business activity, where the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the regulations on the Central Register and Information on Economic Activity (CEIDG).
  6. Terms and Conditions - these Online Store Terms and Conditions.
  7. Goods - a movable item, available for sale in the Store, in particular turbochargers, which is the subject of a sales contract between the Buyer and the Seller.
  8. Order - a declaration of intent by the Buyer, aimed directly at concluding a remote sales contract for the Goods via the Store, specifying at least the type and quantity of the Goods.
  9. Customer Account - a collection of resources in the Service Provider's ICT system, identified by an individual name (login) and password, where User data is collected, including information about placed Orders.
  10. User - any natural person, legal entity, or organizational unit without legal personality that uses the Store or the services offered by the Administrator.
  11. Business Day - one day from Monday to Friday, excluding public holidays in Poland.
  12. Services Provided Electronically - services provided without the simultaneous presence of the parties (remotely), by means of data transmission at the individual request of the User, including making the content of the Store available, as well as services available within the Store.

§ 2 General Provisions

  1. These Terms and Conditions set out the rules for the conclusion and performance of the sales contract for Goods located on the Store's website, as well as the rules for providing services electronically.
  2. The governing law for sales contracts is Polish law. This choice, however, does not deprive the Consumer of the protection afforded to them by provisions which cannot be derogated from by agreement, by virtue of the law of the state in which the Consumer has their habitual residence.
  3. To place Orders and use electronic services, it is necessary to have devices allowing access to the Internet, e-mail, and a web browser that allows the display of websites.
  4. The subject of sale are the Goods presented by the Store at the time of placing the Order.
  5. Information regarding individual Goods does not constitute a sales offer in the understanding of civil law. The content of the online store constitutes an invitation to conclude a contract (Article 71 of the Polish Civil Code).
  6. In the event of announcing a price reduction for the Goods, the Seller, in addition to information about the reduced price, also displays information about the lowest price of this Goods that was in force during the period of 30 days prior to the introduction of the reduction, and in the case of Goods that have been on sale for a period shorter than 30 days - the lowest price since the day the sale of this Goods began.
  7. The rules for personal data processing and the use of cookies, as well as the rules for using the Store, are described in separate documents:
    1. https://uk.turbochargers-shop.com/privacy-policy,
    2. https://uk.turbochargers-shop.com/conditions-of-use.

§ 3 Quality of Goods

  1. New turbochargers sold by the Store are original products - factory new, full-value, legally introduced to the market, and covered by a full manufacturer's warranty for a period of 24 months.
  2. Remanufactured turbochargers with the status of REMAN sold by the Store are full-value products, legally introduced to the market, covered by the Seller's full warranty for a period of 24 months.
  3. The Seller is obliged to deliver the Goods in accordance with the contract, i.e., free from physical and legal defects. This obligation is regulated by law, in particular regarding warranty for defects and non-conformity of the Goods with the contract (in the case of Consumers and Entrepreneurs with Consumer Rights).

§ 4 Orders

  1. The Seller enables contact and placing Orders in the following ways:
    1. via the Store (by adding selected Goods to the basket and filling in an interactive form),
    2. by e-mail (via e-mail: info@turbochargers-shop.com),
    3. by phone on numbers: +48 532 722 150 (telephone service is available in Polish (preferred language of communication) and English).
  2. Information about any other local communication channels (including local phone numbers, e-mail addresses) can be found in the Contact section appropriate for the selected language version of the Store.
  3. The cost of telephone calls is in line with the Buyer's tariff.
  4. To place an Order via the Store, add the selected Goods to the basket, and then follow the further information displayed on the Store's website. Placing an Order constitutes an offer to conclude a sales contract for the Goods.
  5. The Buyer is obliged to provide correct and current shipping and contact details. The lack of correct data may prevent the Order from being fulfilled.
  6. After placing the Order, the Buyer receives:
    1. an automatic e-mail confirming the Order placement with the Seller, along with all the essential terms of the Order (when placing an Order via the Online Store),
    2. within 3 Business Days from placing the Order - information via e-mail or phone, confirming the acceptance of the Order for execution and the conclusion of the sales contract for the Goods.
  7. The Buyer can check the Order fulfilment status at any time on the Store's website if they have a registered Customer Account.
  8. If the Buyer finds inconsistencies in the information sent by the Store, as referred to in § 4 section 6 point 1) of the Terms and Conditions, the Seller asks for contact by e-mail or phone in order to correct the inconsistencies.
  9. Modification of the Order content by the Buyer is possible until the Goods have not yet been shipped. For this purpose, contact the Seller by e-mail (via e-mail: info@turbochargers-shop.com) or by phone.
  10. The Buyer consents to receiving in electronic form:
    1. Order confirmation,
    2. purchase invoice (PDF file),
    3. these Terms and Conditions (PDF file),
    4. a template declaration of withdrawal from the contract (PDF file),
    5. a template complaint notification form (PDF file).

§ 5 Delivery

  1. The Seller ships to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
  2. The cost of delivery of the Goods (shipment) within the Countries made available by the Seller shall be covered by the Seller, i.e., delivery is free of charge for the Buyer (free shipping), subject to zone surcharges or customs and tax duties referred to in § 5 sections 3 and 4 of the Terms and Conditions.
  3. In the case of orders to regions with difficult access, island areas, or postcodes subject to additional fees by carriers that have not been specified in section 1, the Seller reserves the right to verify the delivery costs. In such a situation, the Seller shall inform the Buyer of the amount of the additional fee. In the absence of the Buyer's consent to cover the additional transport costs, each party has the right to withdraw from the contract within 5 days from the provision of this information, and the Seller shall immediately refund all payments made by the Buyer.
  4. In the case of delivery to countries or territories outside the European Union customs area, the Buyer is obliged to bear all additional costs, including in particular customs duties, import VAT, and handling/administrative fees charged by the carrier or customs authorities of the destination country.
  5. The Seller is not responsible for the amount of these fees referred to in § 5 section 4 of the Terms and Conditions and is unable to precisely estimate them before shipment. The obligation to pay these fees rests with the Buyer and is a condition for the delivery of the Goods by the carrier.
  6. Failure by the Buyer to pay customs and tax duties may result in the shipment being detained by customs services or its return to the Seller. In the event of the Goods being returned, all costs related to the return and re-shipment shall be borne by the Buyer.
  7. Information regarding the estimated shipping date is included in the product sheet and is provided in the number of Business Days from the date of concluding the contract. The total Order fulfillment time (including delivery) is up to 14 Business Days.
  8. The Seller recommends that the Buyer checks the condition of the shipment in the presence of the carrier or the person handing over the Goods. Should any mechanical damage to the Goods or packaging be found, it is recommended to document it in a damage report, which will significantly facilitate the complaint process.
  9. Procedure in case of damage to the shipment:
    1. The Buyer should document the damage by drawing up a transport damage report; the dates of receipt, damage notification, and drawing up the report should be identical,
    2. after drawing up the damage report, the Seller should be contacted immediately via e-mail: info@turbochargers-shop.com,
    3. The Buyer has the right to refuse acceptance of a damaged shipment. In such a case, the Seller should also be immediately notified of this fact at the above-mentioned e-mail address.
  10. In case of difficulties with checking the Goods or the carrier's employee refusing to draw up a damage report, the Seller recommends that the Buyer records the identification details of the courier company employee and immediately provides this information to the Seller.
  11. The risk of accidental loss of or damage to the Goods during transport passes to the Buyer who is a Consumer or an Entrepreneur with Consumer Rights at the moment the Goods are delivered to them (i.e., taking physical possession). In the case of a Buyer who is not a Consumer, this risk passes to the Buyer at the moment the Goods are handed over to the carrier (pursuant to the provisions of the Polish Civil Code).

§ 6 Payments

  1. The prices of Goods displayed on the Store's website are gross prices (including VAT or equivalent value-added tax in accordance with applicable regulations) and do not include delivery charges.
  2. Certain Goods are subject to an additional deposit fee (also referred to as a surcharge, core charge, or handling fee). The surcharge serves as security for the Seller in the event that the Buyer fails to return the used, old component after receiving the purchased Goods.
  3. Information regarding the deposit and its amount is provided to the Buyer at the latest before placing the order, in particular in the description or next to the price of the Goods.
  4. Rules for the refund of the surcharge:
    1. The Buyer has 30 days from the date of receiving the order to deliver the old part to the Seller's registered office;
    2. the condition for the refund of the surcharge is the return of the same part as the one purchased; in the event that a different part is returned, the surcharge shall be non-refundable;
    3. the surcharge will be refunded to the Buyer using the same payment method as was used for the purchase, or to a bank account designated by the Buyer;
    4. the refund shall be issued promptly, and in any event no later than 14 days from the date the Seller receives the old component, provided that it meets the technical return conditions described at: https://uk.turbochargers-shop.com/upload/gb/return-conditions-for-old-parts-deposit-refund.pdf.
  5. The currency in which the price of the Goods is displayed is automatically determined based on the selected language version or the Customer's location. The Customer is always informed of the transaction currency before placing an Order. The amount payable shown in the Order summary is final.
  6. The Seller provides the following payment methods:
    1. electronic payments, payment card transactions, and mobile payments (including BLIK, Apple Pay, Google Pay, etc.) via the PayU service;
    2. payments via the PayPal settlement service;
    3. deferred payments via the PayU service;
    4. payment by traditional bank transfer to the Seller's account;
    5. cash on delivery (upon receipt of the order).
  7. The availability of specific payment methods may depend on the country of delivery, the transaction currency, or the language version of the Store selected by the Buyer. The current list of available methods is always presented during the checkout process.
  8. Payment deadlines:
    1. in the case of online payments (PayU, PayPal, deferred payments) - immediately after placing the Order;
    2. in the case of payment by traditional bank transfer - within 3 days of placing the Order;
    3. in the case of cash on delivery - on the day of delivery of the Goods.

§ 7 Withdrawal from the Contract

  1. The Buyer who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from a remote sales contract for Goods without giving any reason by submitting a relevant declaration within 14 days, counting from the day the Goods are handed over, i.e., from the day the Buyer or a third party other than the carrier, indicated by the Buyer, takes physical possession of the Goods.
  2. To meet this deadline, it is sufficient to send the declaration before its expiry. The template declaration of withdrawal from the contract is sent to the Buyer via e-mail confirming the acceptance of the Order for execution or is available on the Store's website at: https://uk.turbochargers-shop.com/upload/gb/withdrawal-exchange-form.pdf.
  3. In the event of withdrawal from the contract, the Buyer is obliged to return the purchased Goods immediately, but no later than within 14 days from the day they withdrew from the contract, unless the Seller proposed to collect the Goods themselves. To meet the deadline, it is sufficient to send back the Goods before its expiry.
  4. The right to withdraw from the contract is not granted to the Buyer in cases specified in Art. 38 of the Polish Consumer Rights Act, including in particular, when the subject of the service is:
    1. a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy their individualized needs.
  5. The Buyer bears only the direct costs of returning the Goods in the amount equal to the fee for sending the shipment by courier or using another means chosen by the Buyer.
  6. All payments made by the Buyer, including delivery costs (with the exception of additional costs resulting from the delivery method chosen by the Buyer other than the cheapest usual delivery method available in the Store), will be refunded by the Seller within 14 days from the date of receiving the declaration of withdrawal from the contract. The Seller may withhold the reimbursement of payments until the Goods are received back or until the Buyer provides proof of their return, depending on which event occurs first.
  7. Payments will be reimbursed using the same method as used by the Buyer, unless they expressly agreed to a different method of reimbursement that does not involve any costs for them.
  8. A Buyer who does not have the status of a Consumer or an Entrepreneur with Consumer Rights does not have the right to withdraw from the contract referred to in § 7 section 1 of the Terms and Conditions.
  9. The Buyer is responsible for the decrease in the value of the Goods resulting from using them in a way that exceeds what is necessary to establish the nature, characteristics, and functioning of the Goods (e.g., assembly, exploitation). The amount for the decrease in value may be deducted from the payment reimbursed to the Buyer.

§ 8 Warranty

  1. Due to the specification of the Goods covered by the warranty, assembly and diagnostic work must be carried out in accordance with the conditions set out in the warranty document.
  2. The warranty does not cover damage resulting from:
    1. unauthorized repairs, modifications, or structural changes made by the user or other unauthorized persons,
    2. mechanical, thermal, chemical damage, or intentional damage to the product,
    3. damage resulting from failure to observe the rules of proper operation, as well as use of the product contrary to its intended use or parameters,
    4. Goods independently selected, modified, repaired, or incorrectly assembled.
  3. The Buyer may direct a claim under the quality warranty to the Seller by contacting:
    1. e-mail: info@turbochargers-shop.com,
    2. by phone on numbers: +48 532 722 150 (telephone service is available in Polish (preferred language of communication) and English).
  4. The Seller will consider the complaint within the deadline specified in the warranty document, but no later than 14 days from the date of receiving the advertised Goods.
  5. The warranty expertise ends with the creation of a complaint protocol, in which the Seller includes a description of the expertise result along with technical documentation and the decision on considering the complaint.
  6. The full description of the complaint procedure is available on the Store's website at: https://uk.turbochargers-shop.com/complaints.

§ 9 Complaint under Warranty for Defects / Non-conformity with the Contract

  1. The Seller is liable to the Buyer who is a Consumer or an Entrepreneur with Consumer Rights for the non-conformity of the Goods with the sales contract (formerly known as warranty for defects, based on the Polish Civil Code and Consumer Rights Act).
  2. The Seller is responsible for the non-conformity of the Goods with the contract found before the expiry of two years from the moment the item was handed over to the Buyer.
  3. The Buyer exercising the rights under the non-conformity of the Goods with the contract has the option of sending the advertised Goods via courier, at the Seller's expense, after prior contact with the Seller at: info@turbochargers-shop.com.
  4. The Seller will respond to the complaint submitted by the Consumer or Entrepreneur with Consumer Rights within 14 days. Failure to respond within this period is considered to be an acceptance of the Consumer's statement or request as justified.
  5. In relation to Buyers who are not Consumers or Entrepreneurs with Consumer Rights, the Seller's liability under the warranty for defects of the Goods is excluded (pursuant to Article 558 § 1 of the Polish Civil Code).

§ 10 Services Provided Electronically

  1. The Service Provider provides services electronically, consisting of:
    1. making the Store available - enabling the display of the Store's website content,
    2. Customer Account - an individual administrative panel available after registration, enabling data management, order history, and viewing Order status,
    3. contact form - enabling contact with the Service Provider via e-mail messages,
    4. notify me when available - a form enabling the expression of interest in an unavailable Goods, for which an e-mail notification will be sent after it is made available again,
    5. confirm by VIN - a form for confirming the application of the Goods to a vehicle based on the VIN number,
    6. adding product reviews - enabling Users who have made a purchase to complete a product review form.
  2. To use most services (Account, forms), an active e-mail address and acceptance of the Terms and Conditions and Privacy Policy are required.
  3. The 'confirm by VIN' service is auxiliary and informational. The Service Provider exercises due diligence to correctly verify the matching of the Goods. The final verification of part compatibility before assembly rests with the Buyer. The Service Provider is not responsible for incorrect matching of the Goods under this service, unless it results from gross negligence of the Service Provider or when the problem results from:
    1. previous engine replacement or modification,
    2. previous turbocharger replacement or modification,
    3. incorrect information resulting from defects or incompleteness of external, factory catalogue systems over which the Service Provider has no control.

§ 11 Terms of Concluding and Terminating Contracts for the Provision of Services Electronically

  1. Making the Store available - the contract is concluded at the moment the User starts using the website content and is terminated when they stop displaying it.
  2. Customer Account - the contract for the provision of the Account service is concluded at the moment the Account is established, which requires acceptance of the Terms and Conditions and the Privacy Policy. The contract is terminated when the Account is deleted at the User's request.
  3. Forms (contact, notify me when available, confirm by VIN) - the contract is concluded at the moment the form is completed and submitted. Submitting the form requires acceptance of the Terms and Conditions and the Privacy Policy. The contract expires after the service is completed (i.e., the Service Provider finishes the return contact or sends a notification of availability).
  4. Adding product reviews - the contract is concluded at the moment the completed form is submitted and requires acceptance of the Terms and Conditions and the Privacy Policy. The contract expires when the review is posted in the Store or rejected by the Seller.

§ 12 Technical Information and Rules for Using Electronic Services

  1. In order to properly and fully use the services provided electronically within the Store, the User should meet the following minimum technical requirements:
    1. having a device with Internet access and a current web browser (e.g., Chrome, Firefox, Microsoft Edge, Safari, or Opera),
    2. having JavaScript and cookies enabled in the browser,
    3. having an active e-mail account, which is necessary when establishing a Customer Account, placing an Order, or using forms requiring return contact (e.g., contact form, notify me when available, confirm by VIN),
    4. stable internet connection.
  2. The Seller applies technical and organizational measures to protect the processed data, in particular encrypting connections using the SSL protocol, which protects data transmitted by the Buyer (e.g., login data, address data) against interception by unauthorized persons.
  3. The Service Provider declares that the content posted in the Store for which it is responsible (such as descriptions of Goods and information) does not constitute unlawful content, is reliable, and complies with applicable law.
  4. Users are prohibited from providing content that disrupts the operation of the Service Provider's ICT system or unlawful content, contrary to generally applicable regulations, infringing the personal rights of third parties, or violating generally accepted social norms and good practices.
  5. The Service Provider, upon receiving reliable notification of the unlawful nature of the content or activity of the User, will take steps to immediately remove or prevent access to such content.

§ 13 Complaint Procedure for Services Provided Electronically

  1. Complaints should be submitted:
    1. via e-mail: info@turbochargers-shop.com,
    2. by post to the address: QRP Automotive SP. Z O.O., Bratnia 8, PL-56-400 Oleśnica.
  2. The complaint should contain a description of the problem that forms the basis of the complaint.
  3. Complaints are considered within 14 days from the date of receipt by the Service Provider.

§ 14 Changes to the Terms and Conditions

  1. The Store may change these Terms and Conditions for important reasons, which are understood as circumstances resulting from changes in:
    1. the functionality of the Store,
    2. applicable law,
    3. the Service Provider's business profile or the services provided.
  2. The change of the Terms and Conditions is made by giving notice of termination of the existing terms. The new content of the Terms and Conditions is sent to registered Users (Customer Account holders) via e-mail to the address indicated during registration. Along with the notice of termination, the Store sends the new content of the Terms and Conditions. The notice period is 14 days.
  3. During the notice period, a User who does not accept the new content of the Terms and Conditions may delete the Customer Account or contact the Seller (via e-mail: info@turbochargers-shop.com) and inform about their non-acceptance.
  4. In the event of failure to delete the Account or failure to submit an objection to the new content of the Terms and Conditions by the end of the 14-day notice period, the User is deemed to have accepted the new content of the Terms and Conditions.
  5. The accounts of unregistered Users (Users using the Store without creating an Account) do not require termination. For these Users, the new Terms and Conditions come into force upon their publication on the Store's website.

§ 15 Final Provisions

  1. Communication between the Administrator and the User, including e-mail correspondence, telephone contact, and responses to complaints and inquiries, is conducted in Polish or English, with Polish being the preferred language of communication. At the Buyer's request, communication may take place in another language, but this is not guaranteed by the Seller. The inability to communicate in a language other than Polish or English does not constitute grounds for a complaint, withdrawal from the contract, or extension of deadlines. The choice of communication language does not limit the Consumer's rights arising from applicable law, in particular the right to submit a complaint or withdraw from the contract.
  2. Using the Store is equivalent to accepting these Terms and Conditions.
  3. Any disputes arising from contracts concluded on the basis of these Terms and Conditions will be resolved amicably in the first instance.
  4. In the event of failure to reach an agreement, the jurisdiction of the court is determined as follows:
    1. in the case of disputes with a Buyer who is a Consumer or an Entrepreneur with Consumer Rights, the competent court is the court determined according to the regulations generally applicable in the Consumer's country of permanent residence (in particular in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council),
    2. in the case of disputes with a Buyer who does not have the status of a Consumer or an Entrepreneur with Consumer Rights, the competent court is the court with territorial jurisdiction for the Seller's registered office.
  5. The Consumer has the right to use out-of-court complaint and redress mechanisms. For this purpose, the Consumer may seek assistance from the relevant national or local authorities competent for their place of residence. Detailed information on procedures and the list of institutions dealing with amicable dispute resolution in the Consumer's country of residence are available on the websites of the relevant national consumer protection authorities.
  6. In matters not regulated by these Terms and Conditions, the provisions of Polish law apply to sales contracts concluded with the Seller. However, in the case of contracts concluded with a Buyer who is a Consumer or an Entrepreneur with Consumer Rights, the choice of Polish law does not deprive them of the protection granted to them under those provisions of the law of their country of permanent residence that cannot be excluded by agreement (in accordance with the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council - Rome I).
  7. These Terms and Conditions do not exclude or limit the rights of the Buyer who is a Consumer, resulting from unconditionally applicable provisions of law. In the event of a conflict between the provisions of these Terms and Conditions and these provisions, the provisions of law shall prevail.
  8. The Terms and Conditions are available for all Buyers to download in PDF version on the Store's website at: https://uk.turbochargers-shop.com/upload/gb/terms-and-conditions-of-the-online-store.pdf.
  9. For additional questions, please contact us:
    1. via e-mail: info@turbochargers-shop.com,
    2. via the contact form available on the Store's website,
    3. by post to the address: QRP Automotive SP. Z O.O., Bratnia 8, PL-56-400 Oleśnica.
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