Terms and conditions of the online store

I. Preliminary provisions

  1. Online Store  proracing24.com, available at www.proracing24.com, is run by Piotra Miziołka, established under the name ProRacingX Piotr Miziołek, entered in the Central Registration and Information on Business (CEIDG) maintained by the minister in charge of economy, NIP 5110229410, REGON: 141940371, the address of the company's registered office is: ul. Wrocławska 261, 59-220 Legnica.
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedure of  concluding Sales Contracts with the Customer remotely through the Store. 

II. Definitions

  1. Consumer  - a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to his business or professional activity.
  2. Seller –a natural person running a business activity under the name of ProRacingX Piotr Miziołek, entered in the Central Registration and Information on Business Activity (CEIDG) maintained by the minister in charge of economy, NIP 5110229410, REGON: 141940371.
  3. Customer - each entity purchasing through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit not being a legal person, to which a separate act grants legal capacity, performing on its own behalf a business activity, which uses the Store.
  5. Store – an online store operated by the Seller at www.proracing24.com, through which the Customer may place Orders.
  6. Distance contract - agreement concluded with the Customer under the organized system of concluding remote agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of concluding the agreement, according to the legal basis:
    1. Act on specific conditions of consumer sales - Act of 27 July 2002 on specific conditions of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended);
    2. Act on Providing Electronic Services - Act of 18 July 2002 on Providing Electronic Services (Journal of Laws No. 144, item 1204, as amended);
    3. The Civil Code - Act of 23 April 1964. (Journal of Laws No. 16, item 93, as amended);
  7. Terms and Conditions - the terms and conditions of the Online Store;
  8. Order - a declaration of intent by the Customer made by means of an Order Form and aiming directly at concluding a Sales Agreement for the Product or Products with the Seller.
  9. Account - Customer's Account in the Store, it collects data given by the Customer and information about Orders placed by him in the Store.
  10. Registration form - a form available in the Store enabling the creation of an Account.
  11. Order form - interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – software element of the Store, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the data of the Order, in particular the quantity of products.
  13. Product - available in the Store movable item/service subject to the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - contract of sale of the Product concluded between the Customer and the Seller via the Store. 

III. Contacting the Store

  1. Seller's address: ProRacingX Piotr Miziołek, ul. Wrocławska 261, 59-220 Legnica.
  2. E-mail address of the Seller: info@proracing24.com
  3. Seller's phone number: +48 720 004 003
  4. The Seller's bank account number: 
    1. For PLN payments: 47 1140 2004 0000 3402 6305 9150
    2. For EU payments:  34 1140 2004 0000 3112 0618 4420
  5. The Customer may communicate with the Seller by using the addresses and telephone numbers given in this paragraph, and by using the contact form placed in the Store.

IV. General provisions

  1. These Terms and Conditions shall in particular determine:
    1.  rules of registering and using the Account within the Store;
    2.  conditions and rules for making electronic reservations of products available within the Store.
    3.  conditions and rules for placing Orders electronically within the Store;
    4.  rules of concluding Sales Agreements from the use of services provided within the Store.

V. Technical requirements

  1. To use the Store, including browsing through the assortment of the Store and placing orders for Products, it is necessary:
    1. a terminal device with Internet access and a web browser of the following type with a bandwidth of at least 256 kbit /s.
    2. Internet browser version at least Internet Explorer 11, Chrome 66, FireFox 60, Opera 53, Safari 5 or newer, with language support enabled Javascript,
    3. an active e-mail account,
    4. enabled cookies.

VI. General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions (including interruptions) in the functioning of the Store caused by force majeure, unauthorized actions of third parties or the incompatibility of the Store with the technical infrastructure of the Customer. 
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after registering the Account in accordance with the provisions of point VII of the Terms and Conditions or by providing the necessary personal and address data to enable the completion of the Order without creating an Account. 
  3. Prices in the Store are given in PLN and EUR, and are gross prices (VAT included). 
  4. The final amount to be paid by the Customer shall include the price of the Product and the shipping cost (including transport, delivery and postal services charges), which the Customer shall be informed of on the websites of the Store during the placement of the Order, including at the time of expressing the Customer's willingness to be bound by the Sales Agreement.
  5. The price information given on the Store is binding from the moment the Customer receives the e-mail containing the final confirmation of all the essential elements of the Order until the end of completion of the Order. This price shall not change regardless of any price changes in the Store, which may occur in relation to individual Goods after the Customer receives the e-mail referred to above.

VII. Terms of use of the Store 

  1. In order to start using the Store, it is necessary to register an Account or place an order under the "Purchases without registration" option.
  2. Registration is done by filling in and accepting the Registration Form, which is available on one of the websites of the Store.
  3. The condition of registration is to give consent to the content of the Terms and Conditions and to provide personal data marked as mandatory.
  4. The Seller may deny the Customer the right to use the Store, and may also limit its access to part or all of the Store's resources, with immediate effect, in the event of a breach by the Customer of the Terms and Conditions, and in particular, when the Customer:
    1.  provided false, inaccurate or outdated data during registration in the Store, misleading or infringing the rights of third parties,
    2.  violated the personal rights of third parties, in particular the personal rights of other customers of the Store, through the Store,
    3.  commits other actions which are considered by the Seller to be inconsistent with the binding legal regulations or general rules of using the Internet or which infringe the good name of the On-line Store.
  5. A person who has been denied the right to use the Online Store may not re-register without the prior consent of the Seller.
  6. In order to ensure the security of the transfer of messages and data in connection with the services provided within the Store, the Internet Store shall take technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the collection and modification by unauthorised persons of personal data transmitted on the Internet.
  7. The Customer shall in particular be obliged to:
    1. not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or infringes on personal rights or other rights of third parties,
    2. use the Store in a manner that does not interfere with its functioning, in particular through the use of specific software or equipment,
    3. use the Store in a manner that is not burdensome for other customers and the Store,
    4. use any content posted within the Store only for personal use,
    5. use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules for use of the Internet.

VIII. Procedure for the conclusion of the Sales Agreement

  1. In order to conclude the Sales Agreement via the Online Store, it is necessary to select the Product by taking subsequent technical actions based on the message displayed to the Customer and the information available on the Store's website.
  2. The selection of the Products to be ordered by the Customer is made by adding them to the cart.
  3. During the process of placing the Order - until the button "I confirm the Order" is pressed - the Customer has the possibility to modify the data entered and to select the Product. In order to do so, it is necessary to follow the messages displayed to the Customer and the information available on the website.
  4. After the Customer provides all the necessary data, a summary of the Order will be displayed.
  5. The summary of the Order placed shall contain information concerning:
    1. the subject of the Order,
    2. the unit and total price of the products and services ordered, including delivery costs and additional costs (if any),
    3. the chosen method of payment,
    4. the chosen delivery method.
  6. To send an Order it is necessary to accept the contents of the Terms and Conditions, provide personal data marked as mandatory and press the button "Purchase".
  7. Sending the Order by the Customer constitutes a declaration of will to conclude a Sales Agreement with the Seller, in accordance with the provisions of the Terms and Conditions.
  8. After placing the Order, the Customer receives an e-mail with an acceptance confirmation of the Order, containing a final confirmation of all essential elements of the Order.
  9. The Agreement shall be treated as concluded at the moment of receipt by the Customer of the e-mail message referred to above.
  10. The Sales Agreement is concluded in Polish or English, depending on the choice of the language version of the Store, with the content compliant with the Terms and Conditions.

IX. Delivery

  1. Delivery of Products shall take place within the territory of the Republic of Poland, the entire European Union and outside the European Union, at the Customer's choice, at the address indicated by the Customer when placing an Order.
  2. The Customer may use the following methods of delivery or collection of the Product ordered:
    1. courier service,
    2. COD courier service (on the territory of Poland),
    3. postal consignments,
    4. COS postal consignment (on the territory of Poland),
    5. personal collection available at: ProRacingX Sales Office, ul. Wrocławska 261, 59-220 Legnica.
  3. Delivery costs, if any, shall be indicated when placing an Order.
  4. The delivery date is specified on the Product page starting from the date of sending the Order by the Customer.

X. Prices and payment methods

  1. Prices for the Products are in PLN or EUR currency and include all components, including VAT (with an indication of the rate).
  2. The Customer may use the following payment methods:
    1. bank transfer to the Seller's bank account,
    2. an electronic payment
    3. PayPal payment,
    4. payment in Przelewy24 system,
    5. payment by credit card,
    6. payment on delivery - on the territory of Poland, 
    7. payment in cash upon personal collection of the Product.
  3. The payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań Nowe Miasto i Wilda w Poznaniu, VIII Economic Department of the National Court Register under number KRS 0000347935, NIP 7792369887, Regon 301345068.

XI. Right of withdrawal from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in point 1 starts from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
  3. In the case of the Agreement which covers multiple Products which are delivered separately, in lots or in pieces, the period referred to in point 1 shall run from the delivery of the last item, lot or piece.
  4. The Consumer may withdraw from the Agreement by submitting to the Seller a notice of withdrawal. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send a statement before the expiry of the withdrawal deadline.
  5. The Goods returned by the Consumer should be packed in an appropriate manner, ensuring no damage to the consignment during transport.
  6. The cost of packaging and returning the Goods shall be borne by the Consumer

XII. Complaints concerning the Products

  1. The Seller shall be liable to the Customer being a consumer within the meaning of Article 22 of the Civil Code for non-compliance with the contract of sale of the Product purchased by the consumer, within the scope specified in the Act on Specific Conditions of Sale for Consumers.
  2. The Seller, when resolving complaints in accordance with the applicable law and taking into account the Consumer's demands, shall replace the defective product with one free from defects or shall remove the defect. This shall not affect the possibility of withdrawing from the agreement in accordance with the provisions in force. If the defect giving rise to the complaint is not an insignificant defect, if it is impossible to replace the Product, remove the defect in the Product or if the Product has already been repaired or replaced, the Seller shall reimburse the Consumer for the amount due in accordance with the applicable provisions of law.
  3. Complaints resulting from violation of consumer rights guaranteed by law, or on the basis of these Terms and Conditions, should be sent to the e-mail address info@proracing24.com or by post to the address of the Seller. The Seller undertakes to respond to the customer on any complaint within 14 days.
  4. The Seller shall be liable for the warranty of the Product sold under the terms and for the period specified in the warranty card. If the guarantee document provides for such a possibility, the Customer may submit its claims under the guarantee directly to an authorised service centre at the address specified in the guarantee card.

XIII. Complaints concerning the provision of electronic services

  1. The Seller takes actions to ensure the fully proper functioning of the Store, to the extent resulting from current technical knowledge and undertakes to remove within a reasonable period of time any irregularities reported by the Customers.
  2. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the address of the Seller or by sending an e-mail to: info@proracing24.com,  and by using the contact form.
  3. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period, when the complaint will be considered. 

XIV. Cookie files

  1. Information on the use of cookies in the Store is described in Privacy and Cookies Policy.

XV. Privacy policy

  1. Information on the privacy policy and the processing of personal data in the Store are described in Privacy Policy and Cookies Policy.

XVI. Final provisions

  1. The agreements concluded through the Store are concluded in Polish and English, depending on the choice of the language version of the Store.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - in the scope in which such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. The resolution of any disputes arising between the Seller and the Customer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Proceedings. In case of a dispute, the court seated in Legnica shall have territorial jurisdiction.
  4. In matters not regulated in these Terms and Conditions, the provisions of Polish law are to be applied, in particular, the Civil Code, the Act on Providing Electronic Services and other relevant provisions of Polish law.