TERMS AND CONDITIONS OF THE ONLINE STORE
- The SU2 Performance online store, available at www.su2performance.com, is operated by K91 sp. z o.o. with its seat in Olsztynek ul. Daszyńskiego 2/26, 11-015 Olsztynek, registered in the National Court Register by the District Court in Olsztyn, VIII Economic Department of the National Court Register under the number KRS 0000886761, with a share capital of PLN 5000, NIP 7393950770, REGON 388293518.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the Online Store and the rules and procedure for concluding Distance Sales Contracts with the Customer through the Store.
- Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
- Vendor – K91 sp. z o.o., based in Olsztynek at ul. Daszyńskiego 2/26, postal code 11-015, entered in the National Court Register by the District Court in Olsztyn, VIII Economic Department of the National Court Register under the number KRS 0000886761, with a share capital of PLN 5000, NIP 7393950770, REGON 388293518.
- Customer – any entity making purchases through the Store.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
- Store – an online store operated by the Seller at the Internet address www.su2performance.com.
- Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (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 conclusion of the contract.
- Regulations – these rules and regulations of the Store.
- Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account – a customer’s account in the Store, it collects data provided by the Customer and information about the Orders placed by him/her in the Store.
- Registration form – a form available in the Store that allows you to create an Account.
- Order Form – an interactive form available in the Store that allows you to place 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.
- Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
- Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Contract is also understood – applying to the characteristics of the Product – as a contract for the provision of services and a contract for work.
- Seller’s address: ul. Daszyńskiego 2/26, 11-015 Olsztynek
- Seller’s e-mail address: email@example.com
- Seller’s bank account number PLN 45 2530 0008 2028 1069 6760 0001
- The customer can communicate with the Seller using the addresses specified in this paragraph.
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
a. A terminal device with access to the Internet and a web browser such as Google Chrome, Mozilla Firefox, Internet Explorer,
b. active electronic mail (e-mail) account,
c. cookies enabled,,
d. FlashPlayer installed.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the Order to be processed without creating an Account.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal or courier services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
- In the case of a Contract covering subscriptions or services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
- When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (definitive) price, information about the manner in which the price will be calculated, as well as fees for transportation, delivery, postal or courier services and other costs, will be provided in the Store in the description of the Product.
Creating an Account in the Store
- To set up an Account in the Store, you need to fill out the Registration Form. It is necessary to provide the following data: First Name, Last Name, Residential Address, Phone Number.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password established in the Registration Form.
- The Customer has the opportunity to delete the Account at any time, without giving any reason and without paying any fees for it, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
Rules for placing an Order
In order to place an Order, you must:
- log into the Store (optional);
- select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
- Log in or use the option to place an Order without registration;
- if you have chosen the option of placing an Order without registration – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the email,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.
Delivery and payment methods offered
- The customer can use the following methods of delivery or pickup of the ordered Product:
a. Courier delivery, cash on delivery,
b. Personal collection at the company’s headquarters.
- The customer can use the following payment methods:
a. Payment on delivery
b. Cash on delivery
c. Payment by bank transfer to the Seller’s account
d. Electronic payments
e. Payment by credit card.
- Detailed information on delivery methods and acceptable payment methods can be found behind the Store’s pages.
Implementation of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the placement of the order, which contains at least the Seller’s statements about receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above email, a Sales Contract is concluded between the Customer and the Seller.
- If the customer chooses:
a. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
b. payment on delivery, the customer is obliged to make payment on delivery.
c. payment in cash upon personal collection of the shipment, the customer is obliged to make payment upon collection of the shipment within 0 days from the date of receipt of information that the shipment is ready for collection.
- If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
a. If you order Products with different delivery dates, the delivery date is the longest date given.
b. In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or to have all the Products delivered after the entire order is completed.
- The beginning of the period for delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
b. If the Customer chooses cash on delivery payment method – from the date of conclusion of the Sales Agreement,
- If the Customer chooses to pick up the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during the ordering process.
- In case of ordering Products with different readiness dates, the readiness date shall be the longest date given.
- Delivery of the Product takes place in Europe.
- Delivery of the Product to the Customer is for a fee, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal fees) are indicated to the Customer on the pages of the Online Store in the “Delivery Costs” tab and during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
- In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the time limit indicated in Paragraph. 1 runs from the delivery of the last item, lot or part.
- In the case of a Contract, which consists of regular delivery of Products for a specified period of time (subscription), the term indicated in Paragraph. 1 runs from taking possession of the first item.
- The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.
- The statement may be sent by traditional mail, fax or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on a form, the model of which is attached as Appendix 1 to these Regulations and the Appendix to the Law of May 30, 2014 on Consumer Rights, but it is not mandatory.
- If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for him.
d. The seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
g. The consumer shall be liable only for the diminution in value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
a. in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
b. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
c. in which the object of performance is an item that is perishable or has a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract,
f. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things,
g. in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
h. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
i. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract,
j. for the delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract,
Complaint and warranty
- The Sales Contract covers new and used Products. On the pages of the Store, the condition of each used Product is described in detail.
- The seller is obliged to provide the customer with an item free of defects.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the customer is an Entrepreneur, the parties exclude liability under warranty.
- Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
- It is recommended that the complaint include, among other things. a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer’s request in connection with the defect of the goods.
- The Seller will respond to the complaint request immediately, no later than within 30 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
- Goods sent back under the complaint procedure should be sent to the address: K91 sp. z o.o., Sudwa 12C, 11-015 Olsztynek.
- If the Product has a warranty, the information about it, as well as its content, will be included next to the description of the Product in the Store.
Out-of-court ways of dealing with complaints and redress of grievances
- Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court means of complaint handling and redress:
a. The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. On Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for settlement of a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to turn to the provincial inspector of the Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
Personal information in the Online Store
- The administrator of Customers’ personal data collected through the Online Store is the Seller.
- Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses postal or courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access and correct the content of his data.
- Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
- Contracts concluded through the Online Store are concluded in the Polish language.
- The seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.
- In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on Provision of Electronic Services; Consumer Rights Act, Personal Data Protection Act.
- The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he can file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.