Terms and conditions

Terms and conditions of the online shop – www.3dmotorsportdesign.com

1. Preliminary provisions

1. The presented Rules and Regulations define the terms and conditions of using services provided electronically, as well as the terms and conditions of sales performed by the Internet Shop located at: www.3dmotorsportdesign.com. The Shop is run by Artur Brodzik, acting under the business name 3D Create & Print Artur Brodzik, registered in the Central Register and Information on Business Activity, supervised by the Minister of Entrepreneurship and Technology, located at ul. Alfreda Dauna 34, 30-629 Kraków, with NIP number 6793201557 and REGON number 386413496, hereinafter referred to as the “Seller”.

• Contact with the seller:

1. Electronic postal address for the Individual Customer and the Business Customer:

1. office@3dmotorsportdesign.com

• Telephone number for the Individual Customer and the Business Customer:

1. +48 784 369 874

• Meta instant messaging:

1. Messenger: www.facebook.com/3DMotorSportDesign

• Instagram Direct: www.instagram.com/3dmotorsportdesign

• These Terms and Conditions are permanently available on the website www.3dmotorsportdesign.com, in a form that allows them to be downloaded, reproduced and saved by printing or recording on a permanent data carrier at any time.

• The Vendor notes that the use of electronically provided services may expose the user to cyber risks, including the risk of infection of the Customer’s ICT system with harmful software and unauthorised access and modification of the user’s data by third parties. To minimise the above risks, the Customer should use adequate protection measures, including anti-virus software and firewalls.

1. Terminological definitions

In the context of these Regulations, the following terms shall be understood as:

1. Business Days: Days from Monday to Friday, excluding public holidays.

• Customer: A natural person with full legal capacity, a natural person running a business, a legal person, or an organisational unit without legal personality, to which separate regulations grant legal capacity, making a purchase from the Online Shop or using other Services available in the Shop.

• Civil Code: Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

• Account: A separate part of the Online Shop, assigned to a specific Customer, allowing certain operations to be carried out within the Shop.

• Consumer: A customer who is a consumer within the meaning of Article 22[1] of the Civil Code, or a natural person who concludes a contract strictly related to his/her business activity, unless the professional nature of the contract, defined in the context of the subject matter of his/her business activity, registered in accordance with the provisions on the Central Register and Information on Business Activity, also known as an Entrepreneur on the rights of a Consumer.

• Transport Law: Act of 15 November 1984 Transport Law (consolidated text: Dz. U. of 2020, item 8).

• Entrepreneur: A Customer who is an Entrepreneur within the meaning of Article 43[1] of the Civil Code. The provisions relating to Entrepreneurs do not apply to Entrepreneurs with consumer rights, as defined in section 5 of this section.

• Regulations: This document.

• Goods: A product available from the Online Shop, a detailed description of which can be found next to each item presented.

1. Contract of Sale: Contract for the sale of Goods, concluded in accordance with the provisions of the Civil Code, between the Seller and the Customer.

1. Services: Services provided by the Seller to Customers electronically, in accordance with the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended).

1. Consumer Rights Act: Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827).

1. Act on Provision of Services by Electronic Means: Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended).

1. Order: The Customer’s declaration of intent to conclude a Sales Contract, specifying the type and quantity of Goods ordered.

1. Rules of use of the online shop

1. To use the Online Shop, the Customer’s ICT system must meet the following minimum requirements:

1. Possession of a computer or mobile device with internet access.
   1. Access to email.
   1. Web browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later.
   1. Enabling Cookies and Javascript in your web browser.

• The use of the Online Shop includes all activities of the Customer aimed at familiarising himself with the content presented in the Shop.

• Client Responsibilities:

1. Not to transmit content that is prohibited by law, such as content that promotes violence, is defamatory, infringes the personal rights or other rights of third parties.
   1. Not to use descriptions of Goods from the Shop without the Seller’s consent, especially in the case of further resale of Goods within the scope of the Customer’s business or professional activity.
   1. Using the Shop in a manner that does not interfere with its operation, including by avoiding the use of inappropriate software or devices.
   1. Refrain from sending or posting unsolicited commercial information (spam) in the Shop.
   1. Using the Shop in a manner that does not impose on other Customers and the Seller.
   1. Use of the content of the Shop for personal purposes only.
   1. Use of the Shop in accordance with the applicable laws of the Republic of Poland, the provisions of the Terms and Conditions of Use, and the general rules on the use of the Internet.

• The Seller shall not be liable for any unauthorised use by the Customer of the descriptions of the Goods available in the Shop or for any infringement by the Customer of the intellectual or industrial property rights of third parties, including unauthorised use of protected trademarks referred to in the Online Shop and in the context of the Goods offered.

1. Services provided by the online shop

1. The Seller offers the use of free Services available through the Online Shop, which are provided continuously, i.e. 24 hours a day, 7 days a week.

• Access to the Account service in the Online Shop is possible after registration. Registration requires the completion and acceptance of a registration form available on the Shop website. The contract for maintaining an Account is concluded for an indefinite period of time and may be terminated at the Customer’s request by submitting a request for Account deletion.

• The Customer may subscribe to the Newsletter service, which consists of receiving commercial information from the Seller via e-mail. Subscription requires a valid email address or activation of the relevant option in the registration or order form. The Customer has the possibility to unsubscribe from the Newsletter at any time, by revoking consent to sending information or by unsubscribing via a link placed in the email message. The Newsletter service agreement is concluded for an indefinite period of time and may be terminated at the Customer’s request.

• The Seller reserves the right to organise occasional competitions and promotions, the detailed terms of which will be announced on the Store’s website. Unless the rules of a given promotion state otherwise, promotions cannot be combined.

• If the Customer violates the provisions of these Terms and Conditions and a prior request to cease or remove the violations remains ineffective, the Vendor may terminate the contract for the provision of Services upon 14 days’ notice.

• Procedure for the conclusion of a Sales Contract

1. Invitation to Conclude a Contract: The information about the Goods presented on the Store’s website, including their descriptions, technical and performance parameters and prices, constitutes an invitation to submit offers within the meaning of Article 71 of the Civil Code.

• Condition of the Goods: All Goods offered in the Online Shop are new and have been legally introduced into the Polish market.

• Requirement to Have an Email Account: The requirement to place an Order is to have an active e-mail account.

• Placing an Order via the Electronic Form:
• Placing an Order by the Customer via the Order form on the Shop’s website is treated as an offer to conclude a Contract for the sale of Goods.
• An offer is considered accepted when the Seller sends a confirmation of acceptance of the Order to the Customer’s e-mail address, which is tantamount to the conclusion of the Contract of Sale.

• Placing an Order by Phone or Email:
• In order to place an Order by telephone or e-mail, the Customer should specify the name and quantity of the Goods, the method of delivery, the form of payment and the necessary data for processing the Order.
• The Seller shall verbally or by e-mail inform the Customer of the total value of the Order, which constitutes the conclusion of the Contract of Sale.
• Confirmation of Order Terms for Consumers: For Customers who are Consumers, the Seller sends a confirmation of the terms of the Order after the Order has been placed by telephone or e-mail.

• The contract of sale is concluded in Polish, English or French, in accordance with the content of the Terms and Conditions.

• The Customer may commission the Seller with the Goods assembly service. The terms and price of the assembly service are agreed individually between the Customer and the Seller.

• Delivery terms

1. Delivery of the Goods shall be made both within and outside the European Union, according to the address indicated by the Customer when placing the Order.

• Delivery of the ordered Goods shall be made via the selected Carrier, i.e. a courier company.

• In the case of shipping outside the European Union, the Customer may be charged customs duties and import taxes according to local regulations. 3D Create & Print is not responsible for these charges. In the event of refusal to accept these charges, the Customer must inform the Seller of the refusal to accept delivery. The Vendor is not responsible for the return of unclaimed Goods, which will be returned upon their return to the warehouse.

• The Seller shall provide information on the website of the Shop about the expected time of processing the Order, the time of delivery and the cost of delivery for particular Goods.

• The Seller shall provide the Customer with proof of purchase of the Goods.

• In the case of Goods with different lead times, the longest of the stipulated lead times applies to the entire Order.

• Pursuant to Article 545 § 2 of the Civil Code in conjunction with Articles 74 and 76 of the Transport Law, the Customer is obliged to examine the consignment in a manner appropriate to its type at the time of receipt. If the consignment is found to be damaged or defective during transport, the Customer should take the necessary steps to establish the carrier’s liability.

• Dealing with Disclosure of Damage:
• If damage or defects are visible on receipt of the consignment, the customer should request the carrier to draw up a report on the condition of the consignment.
• In the case of damage or loss that is not outwardly noticeable, the Customer is obliged to report the damage to the Seller or the carrier no later than 7 days from the date of receipt of the parcel.
• If damage is reported directly to the carrier, the customer should at the same time request that the condition of the consignment be ascertained.

• Reporting of Non-Conformity of Goods with the Contract:

• The Customer is obliged to inform the Seller of any damage or shortcomings in the completeness of the Goods no later than 7 days from the date of receipt of the consignment.

1. The Customer’s failure to comply with its obligations to examine the Goods and to report damage or non-conformity may result in the rejection of a claim that the Goods are not in conformity with the contract.

• Prices and Payment Methods

1. Determination of Prices of Goods:
2. The prices of the Goods are expressed in Polish zloty (PLN), British pounds (GBP), or Euros (EUR) at the Customer’s option.
3. Prices include VAT.
4. The regular price is the standard price of the Goods without taking into account any discounts, promotions or other rebates.
5. The promotional price refers to the price after taking into account any discounts and benefits granted by the Seller.
6. The prices quoted do not include delivery costs and other additional charges, which will be indicated when selecting the delivery method and placing the order.

• Presentation of Goods at Promotional Prices:
• Goods may be offered at promotional prices.
• The regular price displayed next to the promotional price indicates the lowest price at which the Goods have been available in the last 30 days.

• Payment Methods Available:
• Payment by bank transfer – order processing begins after the Seller has confirmed acceptance of the order and dispatch takes place once payment has been received into the Seller’s account.
• Electronic payment, e.g. via PayPal – processing of the order starts once the order has been confirmed and payment information has been received from the payment agent.

• Obligation to Make Payments:
• The seller shall specify the deadline within which the customer is obliged to make payment for the order.
• In the event of non-payment within the stipulated period, after an ineffective request for payment, the Seller is entitled to withdraw from the contract on the basis of Article 491 of the Civil Code.

• Right of withdrawal

1. The Customer has the right to withdraw from the contract without giving any reason within 14 days from the day on which the item came into possession of the item or from the day on which a third party other than the carrier, indicated by the Customer, came into possession of the item.

• In the case of Goods delivered in instalments or parts, the period for withdrawal shall expire after 14 days from the day on which the Customer or a third party other than the carrier designated by the Customer takes possession of the last instalment or part.

• In the case of a contract involving the regular delivery of Goods over a certain period of time, the right of withdrawal shall expire after 14 days from the day on which the Customer or a third party other than the carrier designated by the Customer has taken possession of the first Goods.

• To exercise the right of withdrawal, the Customer must inform 3D Create & Print Artur Brodzik, ul. Alfreda Dauna 34, 30-629 Kraków, e-mail: office@3dmotorsportdesign.com, tel: +48 784 369 874 of his decision by an unequivocal statement. You can use the model withdrawal form, but it is not required.

• The right of withdrawal is excluded in certain situations pursuant to Article 38 of the Consumer Rights Act, including, but not limited to, when:

• The service was provided in full with the consent of the Consumer.
• The price or remuneration depends on fluctuations in the financial market.
• The subject of performance is a non-refabricated Good made to the Consumer’s specifications.
• Goods delivered in sealed packaging that cannot be returned for hygienic reasons once opened.
• Products that, once delivered, become inseparable from other things.
• Urgent repair or maintenance services at the express request of the Consumer.
• Contract concluded at public auction.
• Delivery of digital content not recorded on a tangible medium.

• Return of Goods and Payments:

• In the event of withdrawal, the contract shall be deemed not to have been concluded.
• The customer is obliged to return the Goods in unaltered condition.
• The seller shall refund all payments, including delivery costs, using the same payment method used by the customer.
• The Seller may withhold reimbursement until it has received the Goods or proof of return.

• Additional Payment Costs: If the Customer has chosen a delivery method other than the standard one, the Seller is not obliged to reimburse additional costs.

• Cost of returning the Goods: The Customer shall bear the direct cost of returning the Goods, which may amount to a maximum of PLN 200, unless the Seller has agreed to bear this cost.

1. Complaints about Goods

1. The Seller is obliged to deliver Goods free of defects and in accordance with the Sales Contract.

• For Customers who are Consumers, the Seller’s liability for non-conformity of the Goods with the contract is set out in Chapter 5a of the Consumer Rights Act and the relevant provisions of the Civil Code.

• In relation to Customers who are Entrepreneurs, the Seller’s liability under warranty for defects is governed by Articles 556 – 576 of the Civil Code.

• Complaints should be addressed to: 3D Create & Print Artur Brodzik, ul. Alfreda Dauna 34, 30-629 Kraków, e-mail: office@3dmotorsportdesign.com, tel: +48 784 369 874.

Notification must be made immediately, but no later than 72 hours after the discovery of the defect (or from the date of receipt of the Goods in the case of quantity shortages).

• Complaints from Entrepreneurs must be submitted by the same deadline as for Consumers.

• The claim must be accompanied by the Goods claimed and proof of purchase. In the case of collection of Goods from continental Europe, the Seller undertakes to cover the costs of collection of the Goods. In the case of collection of Goods from outside continental Europe, the shipping costs shall be paid by the Customer.

• The seller acknowledges receipt of a complaint submitted electronically.

• The seller undertakes to process the complaint within 14 days of receipt.

• Once the complaint has been processed, the Seller informs the Customer of the change in the status of the complaint in the system and sends the relevant information by e-mail.

1. If the complaint is incomplete, the Seller will call on the Customer to complete it within 7 days of receiving the call.

1. The Seller shall not be liable for defects in the Goods resulting from:
2. Incorrect assembly.
3. Damage caused by incorrect installation.
4. Lack of compatibility of the Goods with additional vehicle equipment.
5. Improper maintenance of the Goods.
6. Loss of vehicle manufacturer’s warranty.

1. The customer is informed in each case of the limitations of use and durability of the Goods in their description on the Shop website.
2. The Seller shall not be liable for damage to the Customer’s vehicle caused by incorrect use of the Goods or not in accordance with the installation instructions.

• Complaints concerning the provision of Electronic Services

1. Reporting a Complaint:
2. The Customer has the right to make complaints to the Seller about the functioning of the Online Shop and the use of the Electronic Services.
3. Complaints may be submitted in writing to the following address: 3D Create & Print Artur Brodzik, ul. Alfreda Dauna 34, 30-629 Kraków, by e-mail to: office@3dmotorsportdesign.com, or by telephone at +48 784 369 874.

• Contents of the Complaint:
• In the complaint, the customer should provide his/her identification details (name, surname, mailing address) and a detailed description and type of the problem about which he/she is complaining.

• Complaint Handling Procedure:
• The seller undertakes to process the complaint within 14 days of receipt.
• In the event that it is not possible to deal with the complaint within this period, the Seller will inform the Customer within this period of the expected date for dealing with the complaint.
• If a complaint
• needs to be completed, the Seller shall call on the Customer to complete it within 7 days of receiving the call.

• Business-to-business (B2B) sales

1. In the case of contracts concluded with Entrepreneurs, the Seller reserves the right to limit the available payment methods, as well as to request prepayment (total or partial) for the Goods, regardless of the form of payment chosen by the Entrepreneur.

• Upon delivery of the Goods to the carrier, all the benefits and burdens of the Goods, including the risk of accidental loss of or damage to the Goods, shall pass to the Trader.

• The Trader is obliged to examine the consignment carefully at the time of receipt, in accordance with accepted standards for such consignments. If the Goods are found to be damaged or defective, the Trader shall take such action as is necessary to establish the liability of the carrier.

• In the case of the provision of services by electronic means, the Seller has the right to terminate the contract with immediate effect and without stating reasons, by sending a statement to the Entrepreneur’s e-mail address.

• The Seller shall not be liable for any damage caused by storage, transport or use of the Goods not in accordance with the recommendations contained in the description of the Goods or on the labels.

• The Seller’s liability to the Trader for lost profits is excluded.

• Any liability of the Seller arising from the contract or provision of services to the Trader is limited to the value of the order resulting from the contract.

• The trader has no claims against the Seller on account of third-party claims arising from the use of the Goods.

• Out-of-court complaint and redress procedures

1. Opportunities for Consumers:

The customer who is a Consumer has access to the following out-of-court complaint and redress procedures:

1. Court of Arbitration at the Trade Inspection: The possibility of applying to the permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the Sales Contract.
2. Mediation by the Trade Inspection: The possibility to apply to the provincial inspector of the Trade Inspection for mediation proceedings in order to amicably resolve a dispute with the Seller.
3. Support from Consumer Organisations: Access to free-of-charge dispute-settlement assistance provided by county (municipal) consumer ombudsmen or social organisations (e.g. Konsument Federation, Association of Polish Consumers). Information and advice is available via the toll-free helpline of the Consumer Federation +48 800 007 707 and via the e-mail of the Association of Polish Consumers: porady@dla-konsumentow.pl.
4. ODR platform: Possibility to use the European Union’s Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/, to submit a complaint and seek a solution online.

• Protection of Personal Data

1. Collection and Processing of Personal Data:
2. The personal data provided by Customers is collected and processed by the Seller in accordance with the applicable legislation and the Privacy Policy, which is available on the Shop website.

• Purpose of Data Processing:
• Customers’ personal data are processed by the Seller exclusively for the purpose of carrying out the activities necessary for the Sales process, including order processing, payment and delivery services.

• Participants’ rights:
• Customers have the right to access, correct, update and request the deletion of their personal data.
• The provision of data is voluntary, but necessary for the account registration process and participation in the Sale.

• Consequences of Deletion of Data:
• If the Customer deletes his/her personal data, he/she will lose the ability to make purchases in the Shop.

• Final provisions

1. All rights to the Online Shop, including copyright and intellectual property rights, belong to the Seller. They may only be used in the manner prescribed by the Terms and Conditions.
2. In the case of disputes with Customers who are Consumers, settlement shall take place through the courts having jurisdiction according to the provisions of the Code of Civil Procedure.
3. In the case of disputes with customers who are entrepreneurs, settlement is subject to the court having jurisdiction over the Seller’s registered office.
4. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
5. The Seller reserves the right to make changes to the Terms and Conditions. These changes are made for important reasons, such as changes in the terms and conditions of the Sales Agreement, changes in legislation, introduction of new Goods or Services, or changes in IT solutions.
6. Changes to the Terms and Conditions will be communicated to Customers on the homepage of the Store and, in the case of registered Customers, by e-mail. Amendments shall come into force at least 14 days after their announcement.
7. If the Customer with an account does not accept the amended Terms and Conditions, the Customer is obliged to inform the Seller within 14 days from the date of notification of the change. Failure to accept the new content of the Terms and Conditions shall result in termination of the Agreement.