TERMS OF SERVICE OF WWW.UK.TURBOCHARGERS-SHOP.COM
1. Seller, Data Controller, Service Provider - TURBOSHOP POLSKA Krzysztof Kurp with its registered office in Oleśnica, ul. Gen. Maczka 5/6, 56-400 Oleśnica, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, holding: VAT No.: 9111977197, REGON 021290510, e-mail address email@example.com.
2. Shop - the website belonging to the Seller, available under the domain https://uk.turbochargers-shop.com through which the Buyer may place Orders.
3. Buyer - any entity placing an order in the Shop (Consumer or a person not having Consumer status).
4. Consumer - Buyer who is a natural person, who performs a legal act (sales agreement through the Shop), not directly related to his business or professional activity (Article 221 of the Civil Code).
5. Terms of Service - these Terms of Service.
6. Goods - a movable item, available for sale in the Shop, in particular a turbocharger, which is the subject of the Sales Agreement between the Buyer and the Seller.
7. Order - the Buyer's declaration of intent aimed directly at the conclusion of a remote agreement for the sales of Goods via the Shop, specifying at least the type and number of Goods.
8. Customer Account - a set of resources in the ICT system of the Service Provider, marked with an individual name (login) and password, where the data of the Service Recipient is collected, including the information on the Orders submitted.
9. User - a natural person, legal person or organisational unit without legal personality who uses the service provided electronically.
10. Business Day - every day from Monday to Friday, excluding public holidays in Poland.
11. Services provided electronically - services provided without the simultaneous presence of the parties (remotely), through the transmission of data at the User's individual request, namely:
- providing content of the website located at https://uk.turbochargers-shop.com;
- "Customer Account" services;
- "Contact form" services;
- "Notify when available" services;
- "Confirm according to VIN" service;
- "Adding reviews about purchased products" service.
§2 General Provisions
1. These Terms of Service define the rules for the conclusion and performance of an agreement for the sale of Goods on the Shop's website, applicable in Poland.
2. To place Orders in the Shop, it is necessary to have devices that allow access to the Internet, an email address and a web browser, enabling to view websites.
3. The subject of the sale are Goods presented by the Shop at the time of placing the Order.
4. The prices shown next to the Goods are given in Polish zlotys and include VAT.
5. .Information on individual Goods does not constitute an offer to sell within the meaning of civil law. The content of the Online Shop is an invitation to conclude an agreement under Article 71 of the Civil Code.
6. People using the Shop (including Buyers) are prohibited from posting unlawful content (e.g. in reviews about the Goods).
§3 Quality of Goods
1. The new turbochargers sold by the Shop are an original product - brand new, fully operating, legally introduced to the market and with a full manufacturer warranty for a period of 24 months.
2. Turbochargers after regeneration with the status "REMAN" sold by the Shop are a fully operating product, legally placed on the market, with a full seller warranty for a period of 24 months.
3. The Seller ensures that, in accordance with applicable law, it is obliged to ensure compliance of the Goods with the agreement. The above obligation means that the Goods must be delivered without physical or legal defects.
§4 Placing orders
1. The seller enables contact and placing orders in the following ways:
- through the Shop by completing the interactive form;
- by email to firstname.lastname@example.org.
2. The cost of phone calls is in accordance with the plan of the Buyer.
3. To place an Order through the Shop, add the selected Products to the basket, and then follow the further information displayed on the Shop's website.
4. After placing the Order, the Buyer receives:
- an automated email confirming the submission of the Order with the Seller - along with all relevant terms of the Order (in the case of placing an Order via the Online Shop website) and information on the rights and obligations of Buyers;
- within 1 business day of placing the Order - information by email or telephone confirming acceptance of the Order for execution and conclusion of the agreement for the sale of Goods.
5. In the event of non-compliance by the Buyer in the information sent by the Shop, referred to in § 4 item 4(a) of the Terms of Service, the Seller asks for contact by phone or email to correct the non-compliance.
6. Modification of the content of the Order by the Buyer is possible until the Goods have not yet been shipped. For this purpose, please contact the Seller by phone or email.
7. Due to the fact that all documents sent to the Customer during the implementation of the Order are saved in PDF format, the Buyer in order to make purchases in the Seller's Shop should have a computer with Internet access and software that allows viewing files saved in the PDF format.
8. The Buyer agrees to receive in electronic form: confirmation of the Order, purchase invoice (PDF file), these Terms of Service Regulations (PDF file), template of the declaration of withdrawal from the agreement (PDF file), template of a complaint submission form and complaint protocol (PDF files) in in the event of a complaint regarding the Goods.
§5 Delivery cost
1. The cost of delivery of the Goods in the countries provided by the Seller (shipping costs) is covered by the Seller, i.e. The Buyer pays only for the purchased Goods.
2. The Seller offers shipment to the following countries:
- England (UK);
- Czech Republic;
- Spain; not including the Canary Islands and Ceuta and Mellila;
- Germany; not including Büsingen 78263 - 78266, West Germany;
- Scotland (UK);
- Wales (UK);
- Italy; not including the Vatican, San Marino and Campione d'Italia 22060; zone surcharge of EUR 60 shipping to Livigno 23030.
§6 Terms of payment
1. The Seller offers the following payment methods:
- by traditional bank transfer;
- through PayPal (Europe) S.à r.l. et Cie, S.C.A. billing service based in Luxembourg, L-2449;
- by payment card (Visa, MasterCard, American Express, Maestro) via PayPal (Europe) S.à r.l. et Cie, S.C.A. billing service based in Luxembourg, L-2449.
2. Payment dates:
- in the case of payment by payment card, traditional bank transfer, electronic transfer or via the billing service: PayPal - immediately after placing the Order.
§7 Order processing
1. The Buyer is obliged to provide correct and current shipping and contact details. Absence of correct data may prevent the execution of the Order.
2. During the implementation of the Order, the Buyer receives an email with information about the change in the status of the Order.
3. The status of the Order can be checked by the Buyer at any time on the Shop's main page in the case of a registered Customer Account.
4. The Seller delivers the goods via courier.
5. Information about the delivery date of the courier is included in the product card and given in the number of business days from the date of the agreement. This deadline may be extended, but not longer than up to 14 business days if the ordered Goods are imported from a foreign warehouse, of which the Buyer will be notified.
6. The Buyer receives the sales document in electronic form and it is provided to the Buyer in an email (PDF file) referred to in § 4 item 8 hereof. At the Customer's request, the sales document will be sent by post or together with the ordered goods; for this purpose, please inform us of the above by sending an email to the following address: email@example.com.
§8 Checking the shipment by the Buyer
1. At the time of receipt of the parcel with the ordered Goods, the Customer checks whether the parcel has any signs of damage and whether the Goods sent are not damaged:
- if the received parcel with the ordered goods shows signs of damage or the ordered Goods are damaged, in order to determine whether the damage occurred during transport or was caused by the Customer after receipt of the goods, it is recommended to draw up a damage report with the carrier (courier), which is evidence that the damage occurred during transportation;
- it is very important to correctly describe in this protocol the condition of the packaging and the Goods received and to include any information that will help to exclude the Customer's participation in causing the damage. The correct preparation of the abovementioned report will significantly speed up determining when the damage occurred.
2. In the transport damage report, the dates of receipt of the shipment, notification of the damage and writing the report should be the same. A properly prepared damage report will significantly improve the determination of the moment of the damage occurrence and make a complaint to the courier company, and thus, if the complaint is accepted, it will speed up the shipment of a new product to the customer or refund. After writing the damage report, immediately contact the Seller at: firstname.lastname@example.org.
3. The Customer may refuse to accept a damaged parcel. In this case, it is very important to immediately inform the Seller about this fact at: email@example.com.
4. In the event of difficulties with checking the Goods or refusing to write down the damage report by courier, the Seller recommends writing down the personal data of the courier company employee (name, surname and telephone number) and immediately providing this information to the Seller by contacting us at:
- email: firstname.lastname@example.org;
5. The responsibility for accidental loss or accidental deterioration of the quality of goods during transport until they are delivered to the Customer shall be borne by the Seller.
§9 Withdrawal from the Agreement (returns)
1. The Buyer with the status of a Consumer may withdraw from the agreement on the sale of Goods purchased from the Seller without giving any reason by submitting a relevant statement in writing within 14 days from the date of the release of the Goods, i.e. from the date of the physical possession of the Goods by the Consumer or a third party, another than the carrier, and indicated by the consumer.
2. In order to keep this deadline, a statement has to be sent prior to its lapse. A template of the statement of withdrawal from the agreement is sent to the Buyer via email confirming the acceptance of the Order for implementation or at the Shop's website at: https://uk.turbochargers-shop.com/upload/withdrawal-form.pdf
3. Returned Goods must be in their original form, i.e. in the technical condition in which it was delivered. The Consumer will not have the right to withdraw from the agreement without giving a reason in the following cases:
- traces of use/operation/assembly;
- making arbitrary actions by the Consumer or other unauthorised persons: repairs, alterations or structural changes;
- mechanical, thermal, chemical or intentional damage to goods.
4. In the event of withdrawal from the agreement without giving a reason, the Buyer who is a Consumer is obliged to return the purchased Goods immediately, but not later than within 14 days from the day on which he withdrew from the agreement, unless the Seller has offered to collect the Goods itself. To keep the deadline it is enough to send the Goods prior to its expiry.
5. The Consumer only bears the direct cost of returning the Goods in the amount equal to the fee for sending the parcel by courier or by another means chosen by the Consumer.
6. All payments made by the Buyer who is a Consumer will be returned by the Seller within 14 days of receiving the returned Goods.
7. Payments referred to in item 6 above, will be returned in the same manner as used by the Buyer, unless the Buyer agreed to a different method of return which does not entail any costs for him.
8. The Buyer who does not have the status of a Consumer has no right to withdraw from the agreement referred to in § 9 item 1 hereof. With regard to such Buyers, the rules and terms of withdrawal from the agreement are governed by the provisions of the Civil Code.
9. A Buyer who is a Consumer, in the event of a return of the Goods in connection with the withdrawal referred to in §9 item 1 hereof, will be liable for the decrease in the value of the Goods which are related to their use of the Goods in a way that exceeds the normal use necessary for establishing the nature, characteristics and functionality of the Goods.
§10 Warranty / Complaints
1. Due to the specification of the Goods covered by the warranty, assembly and diagnostic work should be carried out in accordance with the conditions contained in the warranty document. The warranty conditions are also included on the website at: https://uk.turbochargers-shop.com/terms-of-warranty
2. .Due to the nature of the Goods, the warranty does not cover damage resulting from:
- arbitrary repairs, alterations or design changes made by the user or Rother unauthorised persons,
- mechanical, thermal, chemical or intentional damage to the product;
- damage resulting from non-compliance with the rules of proper operation, as well as the use of the product contrary to its intended purpose or parameters;
- goods selected, processed, repaired or incorrectly assembled.
3. The Buyer may direct a claim under the Seller's quality guarantee by:
- email contact: email@example.com;
4. After receiving a complaint, the Seller sends an electronic complaint form to the Buyer. The form is also available on the Shop's website at: https://uk.turbochargers-shop.com/upload/complaint-form.pdf.
5. The Buyer is not required to complete the complaint submission form, however, completing the form correctly and attaching it to the advertised Goods helps accelerate the complaint handling process by the Seller.
6. The Buyer is obliged to deliver the complained Goods to the Seller's headquarters with the completed and signed Warranty Card.
7. The Seller will consider the complaint no later than 14 business days from the date of receipt of the complained Good.
8. The Seller will provide the Buyer with information on the complaint result by phone or via e-mail after the warranty assessment of the Goods has been carried out.
9. The warranty assessment is completed by creating a complaint protocol, in which the Seller encloses a full description of the result of the assessment of the complained Good together with technical documentation and the decision to process the complaint.
10. The complaint protocol is sent by the Seller to the Buyer via email in PDF format.
11. Until the decision on the complaint is issued, all costs related to the complaint, i.e. additional transport costs, costs related to the disassembly/assembly of the Goods, costs related to stopping the vehicle and all compensation costs shall be borne by the Buyer. In the event of a positive decision, the Buyer may apply for a refund of costs incurred related to the complaint of the Goods.
12. A full description of the complaint process is available on the Shop's website at: https://uk.turbochargers-shop.com/complaints
§11 Complaints under statutory warranty
Complaints regarding warranty and non-compliance of the Goods with the sales agreement may be submitted in writing to the Seller's address or via email to the following address: firstname.lastname@example.org
The complainant is advised to provide the Buyer's contact details, accurately describe the reasons for the complaint and requests to the Seller, as well as attach a sales document or photocopies thereof.
1. The Seller is liable to the Consumer on conditions specified in Article 556 of the Civil code and subsequent Articles due to defects (statutory warranty).
2. Under the statutory warranty, the Seller is liable if the physical defect is found before the expiry of two years from the date of delivery of goods to the Consumer.
3. The Consumer who exercises the rights under the warranty has the option of sending the complained Goods via courier, at the expense of the Seller. For this purpose, please contact the Seller at email@example.com.
4. The Seller will respond within 14 days to filing a complaint under the statutory warranty. If the Seller does not respond to the notification within this period, it is considered that it processed the Consumer's statement or request as justified. The deadline of 14 days for processing of a complaint does not apply in a situation in which the buyer is an entity other than a Consumer (e.g. entrepreneur). In this case, the Act does not contain terms that would bind the parties, which causes freedom in shaping the contractual relationship.
As a consumer, you can use out-of-court complaint handling and submitting claims also via the ODR platform. According to Article 14 item 1-2 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, consumers may take advantage of the out-of-court dispute settlement procedure related to a sales or service agreement concluded via the Internet. The European ODR platform is an interactive website through which, as a consumer, you can submit your complaint. Below is the electronic link to the ODR platform https://ec.europa.eu/consumers/odr. The ODR platform is intended to facilitate independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes between consumers and entrepreneurs regarding contractual obligations arising from online sales agreements or agreements for the provision of services concluded between consumers residing in the European Union and entrepreneurs established in the European Union.
§12 Personal Data Protection
1. Providing personal data is completely voluntary, but necessary to place and complete the Order.
2. Personal data is processed by the Data Controller primarily for the purpose of processing and handling the Order (based on Article 6 item 1) (b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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– hereinafter referred to as the GDPR). Data processing for any other purpose is only possible with the express consent of the Buyer.
3. You have the right to request access to your personal data, rectification, deletion or limitation of processing, the right to object to the processing, as well as the right to transfer data. You also have the right to lodge a complaint with the President of the Office for Personal Data Protection.
4. The Buyer's data will be processed for the period related to the implementation and handling of the Order, as well as until the limitation period or expiration of claims.
5. The recipients of the Buyer's data may be entities implementing the order on behalf of the Seller and dealing with its support: shipping companies, accounting companies, goods suppliers, assembly services, IT solutions providers, payment processing companies, banks, insurance companies, debt collection companies, companies providing marketing services, storage service providers, telecommunications service providers, document rendering companies, state authorities.
§13 Services provided electronically
1. Customer account. The User has the option of registering a Customer Account on the Shop's website https://uk.turbochargers-shop.com Account registration is not necessary for making purchases, but enables the User to use additional features facilitating making purchases. The Customer Account consists of:
- access to order status details,
- the ability to save address data for shipment of goods to avoid having to fill out the order form with data on shipment of goods with each subsequent purchase in the Online Shop,
- access to the User's order history,
- access to invoices,
- access to editing contact details in the order placed.
In order to register a Customer Account, the User is required to provide an active email address. The User may also provide personal data such as: name and surname, home address, telephone number, company data. Providing this personal data is not obligatory, however, it facilitates and speeds up shopping in the Online Shop. The User may delete the Customer's Account at any time. In order to delete a Customer Account, the user should send a message from the email address assigned to it, to the Electronic Address, requesting the removal of the account. After receiving the email requesting the removal of the Customer Account, it will be deleted immediately, but not earlier than after the completion of active orders placed by the User in the Online Shop.
2. Contact Form. The contact form available on the Shop's website enables contact with the Service Provider via email. To use the contact form, you must provide an email address.
3. Notify when available. The form by which the User expresses interest in a Product not available in stock. To use the form, it is necessary to provide the email address to which a notification will be sent when the Goods are in stock.
4. Confirm according to VIN. The form through which the User expresses interest in the Goods displayed in the Shop and would like to confirm its use for his/her vehicle. To use the form, you must provide your name, email address and valid vehicle identification number (VIN). The Service Provider is not responsible for incorrect matching of the Goods according to the vehicle identification number (VIN) sent by the User. This problem may occur in the case of:
- previous engine replacement/modification,
- previous turbocharger replacement/modification,
- incorrect information in the Service Provider's software.
5. Adding reviews opinions about purchased products. The user who purchased products in the Online Shop can complete the product feedback form containing its rating. The link to the form is sent to the address provided when placing the order. To complete the form it is required to indicate the author of the opinion. The author can be specified in any way, i.e. the user may indicate his/her name, surname or nickname.
6. Providing access to the site. The service provider provides services by electronic means consisting in displaying the content of the website https://uk.turbochargers-shop.com and all subpages within this web address.
§14 Terms of concluding and terminating agreements for the provision of electronic services.
1. Website access - the agreement is concluded when the content of the website is displayed, and terminated when the User stops displaying it.
§15 Technical information and protection of personal data when providing services electronically
1. The use of electronic services by the User is possible provided that the following minimum technical requirements are met:
- Having the following software:
- Having display with the minimum width of 320 pixels.
- The device used by the User must have internet access.
- For the listed services, the User must have an active email account.
2. The Service Provider makes every effort to protect Users' personal data against being obtained by third parties and their unauthorised modification. Connections during which the User's personal data is sent are encrypted with the SSL protocol. The User's personal data is stored in the memory of the Service Provider's servers in a way that prevents access by third parties.
3. Users' personal data is processed for the purpose of executing the transaction and shipping and it is not disclosed to third parties, except as specifically indicated in these Terms of Service.
4. Personal data in the form of address data is made available to the company delivering goods purchased in the shop.
5. The data used to make electronic payments will be forwarded to a payment company that processes payments using credit or payment cards.
§16 Rules for the use of electronic services
1. Users are not allowed to provide content:
- Causing disruption of the Service Provider's IT system;
- Unlawful, incompatible with generally applicable provisions, including content violating the personal rights of third parties or violating generally accepted social norms and customs.
2. The Service Provider removes illegal content posted by the User as part of the Online Shop.
3. The Service Provider provides services in accordance with these Terms and Conditions.
4. The User is obliged to use the services in accordance with these Terms of Service and generally applicable laws.
§17 Complaint procedure of services provided electronically
1. Complaints should be submitted by email to the Service Provider's email address or in writing to the following address: TURBOSHOP POLSKA Krzysztof Kurp, ul. Gen. Maczka 5/6, 56-400 Oleśnica, Poland.
2. The complaint should include a description of the problem being the basis of the complaint.
3. Complaints are processed within 14 days from their receipt by the Service Provider.
§18 Changing the Terms of Service for the provision of electronic services
1. The Online Shop may change these Terms of Service due to important reasons. Important reasons are the circumstances resulting from the change of the following:
- features the online shop,
- laws in force,
- Service Provider's business profile,
- services provided.
2. The Terms of Service are amended by terminating their existing provisions via email sent to registered Users at the address provided during the registration of the Customer Account. Along with the notice of termination, the Online Shop will send the new version of the Terms of Service. The notice period is 14 days.
§19 Out-of-court dispute resolution of services electronically
According to Article 14 item 1-2 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, consumers may take advantage of the out-of-court dispute settlement procedure related to a sales or service agreement concluded via the Internet. The dispute can be submitted for resolution via the internet platform available at https://ec.europa.eu/consumers/odr.
§20 Final provisions
1. In matters not covered by these Terms of Service the provisions of generally applicable law shall apply.
2. These Terms of Service do not exclude or limit any rights of the Buyer being also a Consumer, which he/she exercises on the basis of directly binding provisions of law. Should there be any contradiction between the provisions of these Terms of Service and directly binding provisions of law which give the Consumers any rights, the provisions of those laws shall prevail.
3. These Terms of Service are available to all Buyers in an electronic version on the Shop's website at https://uk.turbochargers-shop.com/regulations.
4. ODR Platform - Pursuant to Article 14 item 1-2 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, consumers may take advantage of the out-of-court dispute settlement procedure related to a sales or service agreement concluded via the Internet. The dispute can be submitted for resolution via the internet platform available at https://ec.europa.eu/consumers/odr.