Terms of service

Orlowski-Racing-Line

“orl-rc-cars.com”

  1. GENERAL PROVISIONS
  2. DEFINITIONS
  3. ORDER
  4. SALES CONTRACT
  5. PAYMENT METHODS
  6. SHIPPING
  7. COMPLAINTS
  8. WITHDRAWAL RIGHT
  9. ELECTRONICALLY PROVIDED SERVICES
  10. FINAL PROVISIONS
  1. GENERAL PROVISIONS
    1. The shop "orl-rc-cars.com", hereinafter referred to as the "Shop" works according to the rules set out in these Terms and Conditions (ToS).
    2. The ToS specifies the terms and conditions of concluding and terminating Product Sales Agreements and the procedure for dealing with complaints, as well as the types and scope of services provided electronically by the Seller , the rules of providing these services, the terms of concluding and terminating agreements on the provision of services electronically.
    3. In matters not covered by these Regulations, the following regulations shall apply:
      1. the Act on Provision of Electronic Services of 18 July 2002,
      2. Consumer Rights Act of 30 May 2014.,
      3. Law on out-of-court resolution of consumer disputes of 23 September 2016.,
      4. the Civil Code of 23 April 1964 and other applicable provisions of Polish law.
  2. DEFINITIONS. Definitions of terms used in ToS
    1. ORDER FORM - a form available on the Shop's website enabling Order placement.
    2. CUSTOMER - a Customer who intends to enter into or has entered into a Sales Contract with the Seller.
    3. CONSUMER - a natural person who makes a legal transaction with the Seller which is not directly related to his/her commercial or professional activity.
    4. ENTREPRENEUR - a natural person, a legal person and an organisational unit which is not a legal person but to which the law confers legal capacity, conducting a commercial or professional activity in their own name.
    5. SOLE TRADER - a natural person concluding the contract with the Seller through the Shop directly related to his/her business activity, but the content of the contract indicates that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity - in connection with which the Consumer Rights Act grants him/her, to a certain extent, the protection vested as a Consumer.
    6. PRODUCT - a movable item available in the Shop which is the subject of a Sales Contract between the Customer and the Seller.
    7. ToS - these Shop rules.
    8. SHOP - Seller's online web shop operating under the address orl-rc-cars.com
    9. SELLER, SERVICE PROVIDER – ORHMET - M.ORLOWSKI, M.ORLOWSKA I M.ORLOWSKI SPOLKA JAWNA  with its registered office in Warsaw (00-079), Krakowskie Przedmiescie 81/6, entered into the commercial register of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS no. 0000012349, NIP: 5260158290, Regon: 012280562.
    10. SALE CONTRACT - Agreement for the sale of a Product between a Customer and a Seller concluded through the Shop.
    11. ORDER - the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
    12. PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
  3. ORDER. Information about products and ordering 
    1. The Shop sells Products via the Internet throughout the world.
    2. The products offered in the Shop are new, in conformity with the Contract and have been legally brought into the Polish market.
    3. The information on the Shop's website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product on the conditions specified in its description.
    4. The price of a Product shown on the Shop's website is specified in Polish zloty (PLN), Euros (EUR), British Pounds (GBP) and US Dollars (USD) and includes all components. The price does not include delivery costs.
  4. SALES CONTRACT. Conclusion of the sales contract.
    1. In order to conclude a Sales Agreement, it is necessary for the Customer to place an order via the method made available by the Seller, in accordance with § 3 of the ToS.
    2. Once an order has been placed, the Seller shall immediately confirm its receiving.
    3. Order receiving is confirmed by email.
    4. Order receipt shall include:
      1. confirmation of all essential Order elements,
      2. sales contract withdrawal form,
      3. these ToS, including information on the right of sales contract withdrawal.
    5. As soon the Customer receives the e-mail message referred to point 4 above, the Sales Contract is concluded between the Customer and the Seller.
    6. Each Sale Contract will be confirmed by a proof of sale, which will be made available for download on the Shop website..
  5. PAYMENT METHODS
    1. The seller makes the following electronic payment methods available:
      1. Online bank transfers (pay-by-link)
      2. Mobile payment system BLIK
      3. Credit cards in PLN, EUR, USD i GBP
      4. Google Pay
      5. Apple Pay
      6. PayPal
    2. The Customer makes payment at the end of the checkout process and before the Order is processed.
    3. Not aid order will be automatically cancelled 24 hours after the order has been placed.
    4. The ordered Product will not be shipped until its Order has been paid for.
  6. SHIPPING. Cost, timing and shipping methods
    1. The Product shipping costs to be paid by the Customer are determined during the checkout process.
    2. The ordered Products shipping to the Customer is made by sending these Products to the delivery address specified by the Customer, by the shipping services available in the Shop. The shipping cost is added to the order cost in accordance with the shipping cost table, with the exception of section 5 below.
    3. Orders paid by 3pm are shipped on the same working day. Orders paid after 3pm are shipped on the next working day. Orders paid during public holidays are shipped on the next working day. The approximate shipping time is indicated in the description of the shipping services available in the Shop.
    4. The customer is asked to check the condition of the parcel upon collection. In the event of any loss or damage to the goods, the Customer is requested to perform all actions necessary to establish the carrier's liability, such as writing a protocol stating the condition of the shipment and the circumstances in which the damage occurred and signed by both the carrier and the recipient of the shipment. The Customer is obliged to inform the Store of this fact and send a scan of the signed protocol.
    5. In the case of shipments outside the EU, additional customs or tax charges may apply. This fees are independent of the Seller and result from the generally applicable law in the country of delivery. All that costs are charged to the Customer as a result of the necessity to pay the aforementioned fees. In some cases, the customs charges may be charged by the shipping company according to the applicable tariff.
  7. COMPLAINTS. Sellers liability for the product conformity with the Sales Contract. Claims.
    1. Liability for non-conformity of the Product with the Sales Contract.
      1. The Seller is liable to the Customer who is a Consumer for non-compliance of the Product with the Sales Contract. The basis and scope of the Seller's liability towards the Customer who is a Consumer for non-compliance of the Product with the Sales Contract are set out in the Consumer Rights Act of 30 May 2014, in Chapter 5a of this Act.
      2. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for a Product purchased in accordance with the preceding sentence against a Customer who is not a Consumer shall be excluded.
      3. The product is in conformity with the contract if, in particular, the following characteristics remain in conformity with the Sales Contract:
        1. description, type, quantity, quality, completeness and functionality and, for Products with digital elements, also compatibility, interoperability and updates availability;
        2. suitability for the specific purpose for which it is needed for the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the contract and which the Seller has accepted.
      4. In addition, the Product, in order to be considered to be in conformity with the contract, must:
        1. be fit for the purposes for which a Product of that type is normally used, having regard to the applicable regulations, technical standards or good practice;
        2. be in such quantity and have such features, including durability and safety and, for Products with digital elements, such functionality and compatibility, as are typical of a Product of that type and which the Consumer may reasonably expect, taking into account the nature of the Product;
        3. public assurance did not influence the consumer's decision to conclude a contract;
        4. be supplied with such packaging, accessories and instructions as the Consumer may reasonably expect.
      5. The Seller is liable for the lack of conformity of the Product with the contract existing at the moment of Product delivery and disclosed within two years from that moment, unless the expiry date of the Product, specified by the Seller, is longer. The lack of conformity of the Product with the contract which became known within two years from the moment of delivery of the Product was presumed to have existed at the moment of delivery unless the contrary is proved or the presumption cannot be reconciled with the specificity of the Product or the nature of the lack of Product conformity with the contract.
      6. The Seller cannot rely on the expiry of the time limit for determining the non-conformity of the Product with the contract referred to in point e. above if he has fraudulently concealed this non-conformity.
      7. With regard to a Product with digital elements, the Seller is liable for the non-conformity with the Contract of the digital content or digital service supplied on a continuous basis, which has occurred or become evident at the time when, according to the Contract, it had to be supplied. This period of time may not be less than two years from the momrnt of Product delivery with digital elements. A failure of the digital content or digital service to conform with the Contract is presumed to have occurred within that period if it has become apparent within that period.
      8. If the Product is not in conformity with the Contract, the Consumer may request that it be repaired or replaced.
      9. The Seller may make an exchange when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the Contract in the way chosen by the Consumer is impossible or would require excessive costs from the Seller. If repair and replacement are impossible or would require excessive costs from the Seller, the Seller may refuse to bring the Product into conformity with the contract.
      10. When assessing whether the costs to the Seller are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the Product with the contract, the value of the conforming Product and the undue inconvenience to the consumer caused by the change in the way the Product was brought into conformity with the contract.
      11. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the Contract and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, shipping, labour and materials, shall be borne by the Seller.
      12. The Consumer provides the Seller with the Product to be repaired or replaced. The Seller shall collect the Product from the consumer at the Seller's expense.
      13. The Consumer is not obliged to pay for the normal use of a Product which has later been replaced.
      14. If the Product is not in conformity with the Contract, the Consumer may make a request for a price reduction or Contract termination when:
        1. The Seller has refused to bring the Product into conformity with the Contract in accordance with point i. above;
        2. The Seller has failed to bring the Product into conformity with the contract in accordance with points k.-l. above;
        3. the lack of conformity of the Product continues despite the fact that the Seller has tried to bring the Product into conformity with the Contract;
        4. the lack of conformity of the Product with the Contract is so essential, that justify either a price reduction or withdrawal from the Contract without invoking Customer rights from point h above;
        5. it is clear from the Seller's statement or the circumstances that he will not bring the Product into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer.
      15. The reduced price must be in such proportion to the contract price as the value of the non-conforming Product remains to the value of the conforming Product.
      16. The Seller shall reimburse the Consumer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from reception of the Consumer's statement on price reduction.
      17. The consumer may not exercise the right of withdrawal if the non-conformity of the Product with the Contract is insignificant. The lack of conformity of the Product shall be presumed to be significant.
      18. If the lack of conformity concerns only some of the Products delivered under the Contract, the Consumer may withdraw from the Contract only in respect of those Products and also in respect of the other Products purchased by the Consumer together with the non-conforming Products, if the Consumer cannot reasonably be expected to agree to keep only the non-conforming Products.
      19. In the event of withdrawal from the Contract, the Consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall reimburse the price to the Consumer immediately, no later than within 14 days from the date of receiving the Product or proof of its return.
      20. The Seller shall reimburse the price by using the same means of payment as the Consumer used, unless the Consumer has explicitly agreed to another way of reimbursement which does not incur any costs to the Consumer.
    2. Complaints
      1. Notification of non-conformity of the Product with the Contract and filing an adequate demand can be made via e-mail at: shop@orl-rc-cars.com or in writing at the following address: Orhmet S.J. Krakowskie Przedmiescie 81/6, 00-079 Warsaw.
      2. In the above-mentioned written or electronic message, as much information and circumstances relating to the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the malfunction and contact details. The information provided will significantly help and speed up the complaint processing by the Seller, however, their lack does not prevent the Seller from processing the complaint.
      3. The Seller shall respond to the Customer's complaint without delay, however, no later than within 14 days from the reception of the complaint.
      4. in the case of a complaint from a Customer who is a Consumer, failure to deal with the complaint within 14 days of its notification is equivalent to accepting it.
      5. The response to the complaint shall be sent in the same way as the complaint was submitted to the Seller.
  8. WITHDRAWAL RIGHT
    1. Subject to point 10 of this paragraph, in accordance with Article 27 of the Act of 30 May 2014. (i.e. of 21.02.2020, item 287 as amended) on Consumer Rights, a Customer who is a Consumer or an Sole Trader who has concluded a Sale Contract remotely through the Shop may withdraw from it without giving any reasons within 14 days. This time is counted from the day on which the Customer or a person authorized by the Customer (however, this cannot be the courier from the shipping company), took possession of the Product.
    2. In order to exercise the right of withdrawal, the Customer must inform Orhmet S.J. thereof by phone or in writing, e.g. by letter or e-mail (Orhmet S.J. Krakowskie Przedmiescie 81/6, 00-079 Warsaw, phone:+48 602 213 188, shop@orl-rc-cars.com). For this purpose, the Customer may use the withdrawal form attached to the Terms of Service, which, however, is not mandatory.
    3. For the withdrawal to be effective, the Customer must notify Orhmet S.J. within 14 days of taking possession of the Product.
    4. In the event of withdrawal from the contract, the Sales Contract is considered as not concluded and the Customer is obliged to return the Product to the Seller at his own cost or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry. The Customer will only be charged for the direct costs of returning the Product.
    5. In the case of withdrawal from the Sales Contract, the Product should be returned to the address: Orhmet S.J. Letnia 6, 05-500 Chyliczki, Poland.
    6. The Customer shall be liable for any Product value loss, resulting from the use of the Product beyond what is necessary to confirm the nature, characteristics and functionality of the Product. As a general rule, in order to ascertain the nature, characteristics and functionality of the Products, the Seller suggests handling and checking the Products in the same way as the Customer would do in a physical shop.
    7. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product and the shipping costs using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of return which does not involve any additional costs. Subject to point 9 of this paragraph, the return shall take place immediately, but not later than 14 days from the moment of receiving by the Seller the Sales Contract withdrawal form.
    8. If the Customer has chosen a shipping method other than the cheapest ordinary shipping method offered by the Store, the Seller is not obliged to reimburse the Customer this additional costs incurred by the Customer.
    9. If the Seller has not offered to collect the Product from the Customer itself, the Seller may hold the reimbursement of the payment received from the Customer until the Seller receives the item back or the Customer provides proof of its return, whichever event occurs first.
    10. The Customer does not have the right to withdraw from a contract concluded remotely, e.g. in the case of a Sales Contract in which the subject of the contract is a non-refabricated product manufactured according to the Customer's specifications or designed to meet his/her individual needs.
  9. ELECTRONICALLY PROVIDED SERVICES
    1. The Seller provides a service via the Shop by providing the functionality of a Customer's account. A Customer's account is created during the registration process in accordance with this paragraph of the ToS. Through his/her account, the Customer can make purchases in the Shop and view the purchases history.
    2. The customer creates his/her account in the Shop by:
      1. filling in the appropriate registration form with the required data,
      2. accept the Terms and Conditions by ticking the relevant checkbox,
      3. validation of registration form.
    3. Validation of the registration form by the Customer is the moment of creating his/her account and concluding the contract for the provision of services by electronic means referred to in paragraph 1 above. The Contract is concluded in the English language. The content of the concluded Agreement is recorded, secured and made available by sending the Customer an appropriate e-mail message together with the ToS immediately after the Agreement is concluded.
    4. No fees are charged for the registration of a Customer account and its use. This shall not affect the Customer's obligation to pay for services in conjunction with purchases made by the Customer through his or her account.
    5. The technical requirements for using a Customer account are as follows:
      1. a computer (or mobile device) with Internet access;
      2. e-mail access;
      3. a web browser in the current version;
      4. browser and it is recommended that you enable Cookies and Javascript in your browser, without which the Store's website may not work properly in its current version.
    6. The Customer is obliged to use the Shop and his/her account in the Shop in accordance with the law and good manners. The Customer is obliged to respect intellectual property rights, including Seller's or third parties copyrights as well as their personal rights.
    7. The customer is obliged to enter actual data.
    8. It is forbidden to undertake actions which would affect the proper Shop functionality, in particular, it is forbidden to interfere in any way with the Shops's content.
    9. The Customer is prohibited from supplying unlawful content.
    10. The Customer has the right to delete his/her account at any time. To do this, the Customer shall submit such a request to the Vendor in any written or electronic form.
    11. The Seller shall delete the Customer's account upon reception of the Customer's request as per point 10 above, immediately, but not later than 14 days from the date of reception of the request, in any case within a period of no more than one month from the date of reception of the request.
    12. Upon Customer's Account deletion, the Sales Contract (mentioned in paragraph 3 above) concluded with the Customer shall be terminated. The abovementioned shall not affect the contracts of sale of Products concluded through the deleted account, which will be completed in accordance with the ToS.
  10. FINAL PROVISIONS
    1. Customers' personal data are processed by the Seller according to the principles set out in a separate document - "Privacy Policy".
    2. For all legal relationships between the parties, the Polish law applies.
    3. For contracts concluded through the Shop, the application of the "United Nations Convention on Contracts for the International Sale of Goods" drawn up in Vienna on 11 April 1980 is excluded.
    4. If any part of these ToS is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the ToS.
    5. Any disputes arising from Sales Contract between the Shop and Consumers, the Seller will attempt to resolve amicably taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by a competent court of law. The above shall not affect any rights of the Customer under the provisions of generally applicable law to apply directly to a a court of law to resolve a dispute arising with the Seller.
    6. A customer who is a Consumer also has the right to make use of out-of-court dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or a request for the case to be heard by a arbitration court (the request can be downloaded at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Trade Inspection Inspectorates are available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596 . The consumer may also seek the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. The out-of-court settlement of complaints is free of charge.
    7. In order to resolve the dispute amicably, the consumer may in particular file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

Warsaw, 23rd February 2023