ROTINGER BRAKE CENTER Online Shop Regulations

[version 2.0 – in force from 01.05. 2024]

Chapter I. General provisions

§ 1.

The terms and conditions define the following:

1. rules for the provision of services by electronic means by Union Parts spółka z ograniczoną odpowiedzialnością, consisting in providing the user with the possibility to use the online trading platform operating on the website at: brakecenter.rotinger.com;
2. rules for concluding by Union Parts spółka z ograniczoną odpowiedzialnością sales contracts for goods included in the offer of the company’s online store operating in the form of an online trading platform on the website at: brakecenter.rotinger.com.

§ 2.

The service provider providing services by electronic means consisting in providing the user with the possibility to use the online trading platform and the seller of goods offered via the online trading platform as part of the online store is Union Parts spółka z ograniczoną odpowiedzialnością with their registered office at: 39-203 Nagoszyn, Bobrowa 108U, with share capital in the amount of PLN 1,508,000, the registration files of which are kept in the District Court in Rzeszów, 12th Commercial Division of the National Court Register, entered into the National Court Register under number 0000242003, NIP (Tax Identification Number) 872-225-51-79, REGON (Polish Business Registry Number) 180069265.

§ 3.

1. The store terms and conditions are available at the company’s registered office and via the IT system at the following address: brakecenter.rotinger.com.
2. The Company makes the terms and conditions available to the user or buyer free of charge before concluding a contract for the provision of services by electronic means or a sales contract, in such a way that enables obtaining, reproducing and recording the content of the terms and conditions using the IT system used by the user or buyer.

§ 4.

Whenever the terms and conditions mention:

1. company, seller, service provider or controller - this means Union Parts spółka z ograniczoną odpowiedzialnością with their registered office at: 39-203 Nagoszyn, Bobrowa 108U, with a share capital of PLN 1,508,000, whose registration files are kept at the District Court in Rzeszów, XII Commercial Division of the National Court Register, entered into the National Court Register under number 0000242003, NIP 872-225-51-79, REGON 180069265;
2. store or online store - this means an electronic trading point run by the company in the form of an online trading platform operating on the website at: www.brakecenter.rotinger.com, within which the seller sells their goods;
3. goods - this means goods or commercial goods sold by the seller within the store;
4. user - this means a natural person, a legal person or an organizational unit without legal personality that uses the services provided by the service provider by electronic means, consisting in providing the possibility of using the store via an IT system;
5. buyer - this means a natural person, a legal person or an organizational unit without legal personality with whom the seller concludes a contract for the sale of goods via the online trading platform within the store;
6. consumer - this means:
   a) user or buyer who is a consumer within the meaning of Art. 221 of the Act of April 23, 1964 - Civil Code, i.e. a natural person concluding a legal transaction with an entrepreneur (company) not directly related to their business or professional activity,
   b) user or buyer who is a natural person concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on Central Registration and Information on Business;
7. contract for the provision of services by electronic means - this means a contract concluded by the service provider and the user, under which the service provider provides services to the user by electronic means, consisting in providing the user with the possibility of using the online store, including the service provider maintaining a user account to enable the user to purchase goods offered by the seller within the store;
8. sales contract - this means a contract concluded by the seller and the buyer, in particular using the online trading platform operating on the store’s website, under which the seller undertakes to transfer the ownership of goods to the buyer and deliver the goods to them, and the buyer undertakes to collect the goods and pay the price to the seller.
9. distance sales contract - this means a contract concluded by the seller and the buyer who is a consumer as part of an organized system for concluding distance contracts, 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 in particular using an online trading platform operating on the store’s website, under which the seller undertakes to transfer ownership of goods to the buyer and deliver the goods to them, and the buyer undertakes to collect the goods and pay the price to the seller.
10. account - this means a service provided by the service provider by electronic means, consisting in providing the user with a virtual electronic account marked with an individual name (login) and password selected by the user, containing a set of resources in the service provider’s IT system, through which the user can use the online trading platform operating on the store’s website and where user data and activities performed in connection with the use of the online trading platform operating on the store’s website are collected;
11. terms and conditions – this means terms and conditions of the Rotinger Brake Center online store.

§ 5.

The company can be contacted in the following way:

1. by mail - by sending correspondence to the company’s registered office address;
2. by e-mail – by sending correspondence to the e-mail address: b2c@rotinger.pl;
3. by phone – at (+48) 14 69 96 111.

 

Chapter II. Services provided by electronic means

§ 6.

Provision of services by the service provider by electronic means within the store consist in providing the user with the possibility to use the store (online trading platform) via an IT system in order to familiarize themselves with the seller’s commercial offer, register an electronic account within the store and purchase goods offered by the seller.

§ 7.

In order to use the store, the user should have devices that meet the technical requirements necessary to cooperate with the service provider’s IT system, i.e. have at least:

1. computer, laptop, tablet, smartphone or another device enabling access to the Internet;
2. access to an Internet connection with a speed of at least 750 kb/s;
3. access to e-mail;
4. access to the current version of a web browser: Mozilla Firefox, Microsoft Edge, Safari or Google Chrome.

§ 8.

1. The service provider provides services by electronic means to the user from the date of concluding the contract for the provision of services by electronic means.
2. In order to conclude a contract for the provision of services by electronic means, the user registers in the store by providing the data specified in the electronic registration form and creating an account with:
   1) login - i.e. an individual user identification in the form of an e-mail address or name chosen by the user, used to log in to the account;
   2) password - i.e. any string of characters selected by the user enabling user authorization when logging in to the account.

3. The service provider sends a message confirming the user’s registration in the store to the e-mail address provided by the user during registration. Upon confirmation of the registration of the user account, a contract for the provision of services by electronic means is concluded between the user and the service provider under the terms specified in the terms and conditions.
4. Each time the user uses services provided by electronic means, the user must log in to the account by providing the login and the corresponding password.
5. The user should keep the account password confidential.
6. The user may terminate the use of services provided by electronic means at any time by logging out of the account.
7. The contract for the provision of services by electronic means is concluded for an indefinite period.
8. The services provided by the service provider to enable the user to use the account are free of charge. The user bears their own fees for the use of telecommunications services enabling them to access the account via an Internet connection in the amount charged by the telecommunications service providers whose services the user uses.
9. The User may terminate the contract for the provision of services by electronic means at any time by:
   1) deleting the user account created in the store - by selecting the appropriate option within the account;
   2) submitting a declaration of termination of the contract to the service provider in writing and delivering it in person or by sending it to the address of the service provider’s registered office or in electronic form by sending a declaration of termination of the contract by electronic means to the e-mail address of the service provider.

10. The service provider may terminate the contract for the provision of services by electronic means with a one-month notice by submitting to the user a declaration of termination of the contract in writing, delivering it in person to the user or sending it to the user’s address, or in electronic form by sending a declaration of termination of the contract by electronic means to the e-mail address of the user.

§ 9.

1. A user who is a consumer who has concluded a contract for the provision of services by electronic means with the service provider may withdraw from it within 14 days without giving a reason and without incurring any costs.
2. The deadline for withdrawal from the contract runs from the date of conclusion of the contract for the provision of services by electronic means.
3. To meet the deadline, it is enough to send the declaration before its expiry.
4. The consumer may withdraw from the contract for the provision of services by electronic means by submitting a declaration of withdrawal from the contract to the service provider in writing and delivering it in person or by sending it to the address of the service provider’s registered office or by electronic means by sending the declaration of withdrawal from the contract to the e-mail address of the service provider.
5. The declaration can be submitted on the form “Template form for withdrawal from the contract for the provision of services by electronic means”. The template form for withdrawal from the contract for the provision of services by electronic means and instructions on withdrawal from the contract for the provision of services by electronic means constitute Annex No. 1 to the terms and conditions.
6. In the event of withdrawal from the contract, the contract for the provision of services by electronic means is deemed not to have been concluded.
7. In the event of withdrawal from the contract for the provision of services by electronic means, the consumer will not pay any fees to the service provider.

§ 10.

1. The user may be a natural person who is over 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality but who can acquire rights and incur liabilities on their own behalf.
2. Obtaining the status of a user requires registration in the store in the manner specified in the terms and conditions and providing the name and surname of a natural person or the name (company) of a legal person or an organizational unit without legal personality, as well as the user’s e-mail address and other data specified in the electronic registration form.
3. The account contains the data provided by the user during registration. If the data changes, the user should update it immediately.
4. The user is obliged to use the account in a manner compliant with the provisions of the terms and conditions, legal provisions and good practices.
5. The user may not provide illegal content via the account.

§ 11.

1. The User may submit complaints related to the provision of services by electronic means by the service provider in writing and by delivering them in person or by sending them to the address of the service provider’s registered office or by electronic means by sending them to the service provider’s e-mail address.
2. Complaints may be submitted by the user for any reason, in particular if the services are provided by the service provider improperly or contrary to the provisions of the terms and conditions.
3. It is recommended that the user provide the following in the complaint: data identifying the user and their account, information regarding the subject of the complaint, in particular the type and date of occurrence of irregularities, the content of the user’s request and the user’s contact details.
4. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the service provider will ask the person submitting the complaint to supplement it in the indicated scope.
5. The service provider will consider the user’s complaint immediately and notify them about the method of its consideration within 14 days from the date of submitting the complaint, and if the data or information provided in the complaint require supplementation - within 14 days from the date of supplementation. In particularly justified cases, the deadline for considering a complaint may be extended by a further 14 days, of which the service provider will notify the user

 

Chapter III. Sale of goods

§ 12.

1. The seller offers goods via the online trading platform operating on the store’s website.
2. The goods offered in the store are brand new, free from physical and legal defects.

§ 13.

1. The sale of goods to the buyer takes place on the basis of a sales contract concluded by the seller and the buyer via the online trading platform operating on the store’s website.
2. Orders for goods offered in the store are accepted by the seller via the online trading platform operating on the store’s website.
3. The buyer can purchase goods using an account registered in the store or purchase goods without registering an account.
4. The contract for the sale of goods is concluded when the buyer receives an order confirmation from the seller sent via e-mail to the e-mail address provided by the buyer.
5. The sale of goods is documented by the seller with an invoice issued in accordance with applicable regulations.

§ 14.

1. The price of goods is posted for each item offered on the store’s website. Moreover, the price of goods at which they are sold is communicated to the buyer on the order form, before the buyer accepts the order.
2. The price of goods given on the store’s website is the gross price and includes the goods and services tax charged at the applicable rate.

§ 15.

1. The buyer may collect the goods in person at the seller’s office or request their delivery to the place indicated by the buyer in the placed order.
2. The seller will deliver the goods to the place indicated by the buyer via a carrier (courier company). The costs associated with delivering the ordered goods to the buyer (shipping costs) are borne by the buyer.
3. The amount of shipping costs referred to in section 2, is always communicated to the buyer on the order form before the buyer accepts the order.
4. The goods will be handed over to the carrier:
   1) in the case of cash on delivery - up to 2 business days from order confirmation;
   2) in the case of prepayment - up to 2 business days from the receipt of the payment for the sold goods by the seller.
5. The delivery times for the shipment of goods are specified in the carrier’s terms and conditions. Detailed information about the carrier’s delivery times can be found on the website: DHL - www.dhl.com.pl, DPD – dpd.com.pl, Inpost – www.inpost.pl, UPS - www.ups.com, Poczta Polska - www.poczta-polska.pl, Raben - www.raben-group.com. In each case, the delivery time for the shipment of goods will not exceed 30 days.

§ 16.

After the buyer places their order, the seller will send an order confirmation via e-mail to the e-mail address provided by the buyer, indicating the list of goods sold along with their prices, shipping costs, other sales data and a sales summary (total value of the order).

§ 17.

The buyer may pay the price for the ordered goods together with shipping costs in the following way:

1. in cash at the seller’s premises;
2. by transfer to the seller’s bank account indicated on the store’s website and in the order confirmation sent to the buyer via e-mail;
3. by transfer via the electronic payment service;
4. upon delivery.

 

Chapter IV. Withdrawal from the distance sales contract

§ 18.

1. The buyer who is a consumer who has concluded a distance sales contract may withdraw from it within 14 days - on the terms set out in the Act of May 30, 2014 on consumer rights - without giving a reason and without incurring any costs, except for costs specified in section 12 and 14.
2. The consumer is not entitled to the right to withdraw from a distance sales contract referred to in section 1, in relation to contracts specified in Art. 38 of the Act of May 30, 2014 on consumer rights.
3. The deadline for withdrawing from a distance sales contract begins when the consumer or a third party indicated by them, other than the carrier, takes possession of the goods, and in the case of a contract which:
   1) includes many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,
   2) involves regular delivery of items for a specified period of time - from taking possession of the first item.

4. The consumer may withdraw from a distance sales contract by submitting a declaration of withdrawal from the contract to the seller in writing and delivering it in person or by sending it to the address of the seller’s registered office or by electronic means by sending a declaration of withdrawal from the contract to the seller’s e-mail address.
5. The declaration may be submitted on the form “Template form for withdrawal from the distance sales contract”. The template form for withdrawal from the distance sales contract and instructions on the consumer’s right to withdraw from a distance sales contract are attached as Annex No. 2 to the terms and conditions.
6. To meet the deadline specified in section 1, it is enough to send the declaration before its expiry.
7. In the event of withdrawal from the distance sales contract, the contract is deemed not to have been concluded.
8. If the consumer submitted a declaration of withdrawal from the contract before the seller accepted their offer, the offer ceases to be binding.
9. The seller is obliged to immediately, no later than within 14 days from the date of receipt of the consumer’s declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivering the goods.
10. The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.
11. If the seller has not offered to collect the goods from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the goods or until the consumer provides proof of sending them back, depending on which event occurs first.
12. If the consumer has chosen a method of delivering the goods other than the cheapest standard delivery method offered by the seller, the seller is not obliged to reimburse the consumer for any additional costs incurred.
13. The consumer is obliged to return the goods to the seller or hand them over to a person authorized by the seller to collect them immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the seller offered to collect the goods themselves. To meet the deadline, it is enough to return the goods before its expiry.
14. The consumer only bears the direct costs of returning the goods, unless the seller agreed to bear them or did not inform the consumer about the need to bear these costs.
15. The consumer is liable for any reduction in the value of the goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods, unless the seller has not informed the consumer about the right to withdraw from the contract referred to in section 1.

 

Chapter V. The seller’s liability

 

§ 19.

1. Towards the buyer who is not a consumer, the seller is liable for non-performance or improper performance of the contract on the terms set out in applicable regulations, in particular the seller is liable under the warranty (non-compliance of the goods with the contract) on the terms set out in the provisions of the Act of April 23, 1964 – Civil Code.
2. The buyer who is not a consumer and submits a complaint under the warranty (non-compliance of the goods with the contract) may use the “Complaint notification” form available on the store’s website in the “Returns and complaints” tab.
3. The “Complaint notification” should include the following information: identification data of the buyer who is not a consumer, purchase document number, product data (catalogue number), description of the defect (reasons for complaint), claims of the complainant, vehicle data (including vehicle mileage during the period of use of the goods). Providing this data is not a condition for filing a complaint, but it will speed up its consideration.
4. For technological reasons, the buyer who is not a consumer should return the goods being the subject of complaint as a complete set, even if the defect concerns one element of the set.
5. The seller will respond to the complaint immediately, no later than within 14 days from the date of its receipt.

§ 20.

1. Towards the buyer who is a consumer, the seller is liable for non-performance or improper performance of the contract on the terms set out in applicable regulations, in particular the seller is liable for the non-compliance of the goods with the contract on the terms set out in the provisions of the Act of May 30, 2014 on consumer rights.
2. The provisions of Book Three, Title XI, Chapter II of the Act of April 23, 1964 - Civil Code do not apply to contracts obliging to transfer ownership of the goods to the consumer, in particular sales contracts, delivery contracts and contracts for specific work constituting goods.
3. The buyer who is a consumer submitting a complaint due to the non-compliance of the goods with the contract may use the “Complaint notification” form available on the store’s website in the “Returns and complaints” tab.
4. The “Complaint notification” should include the following information: identification data of the buyer who is a consumer, purchase document number, product data (catalogue number), description of the defect (reasons for complaint), claims of the complainant, vehicle data (including vehicle mileage during the period of use of the goods). Providing this data is not a condition for filing a complaint, but it will speed up its consideration.
5. For technological reasons, the buyer who is a consumer should return the goods being the subject of complaint as a complete set, even if the defect concerns one element of the set.
6. The seller will respond to the complaint immediately, no later than within 14 days from the date of its receipt.
7. The goods are compliant with the contract if, in particular, the following comply with the contract:
   1) description, type, quantity, quality, completeness and functionality;
   2) suitability for a specific purpose for which they are needed by the consumer, about which the consumer notified the seller at the latest at the time of concluding the contract and which the seller accepted.

8. Moreover, in order to be considered in compliance with the contract, the goods must:
   1) be suitable for the purposes for which goods of this type are usually used, taking into account applicable legal provisions, technical standards or good practices;
   2) be present in such quantity and have such characteristics, including durability and safety, as are typical of the goods of this type and which the consumer can reasonably expect, taking into account the nature of the goods and the public assurance given by the seller, their legal predecessors or persons acting in their name, in particular in advertising or on the label, unless the seller proves that:
   a) they did not know about the given public assurance and, judging reasonably, could not have known about it,
   b) before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was submitted, or in a comparable manner,
   c) the public assurance did not influence the consumer’s decision to conclude the contract;
   3) be supplied with packaging, accessories and instructions that the consumer can reasonably expect to be provided;
   4) be of the same quality as the sample or design made available to the consumer by the seller before concluding the contract and correspond to the description of such sample or design.

9. The seller is not liable for non-compliance of the goods with the contract to the extent referred to in section 6, if the consumer has been expressly informed at the latest at the time of conclusion of the contract that a specific feature of the goods deviates from the requirements of compliance with the contract specified in section 6, and expressly and separately accepted the lack of a specific feature of the goods.
10. The seller is liable for non-compliance of the goods with the contract resulting from improper installation of the goods, if:
    1) it was carried out by the seller or under their liability;
    2) improper installation by the consumer resulted from errors in the instructions provided by the seller.

11. The seller is liable for non-compliance of the goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the goods specified by the seller, their legal predecessors or persons acting on their behalf is longer. Non-compliance of the goods with the contract, which became apparent within two years from the date of delivery of the goods, is presumed to have existed at the time of delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the goods or the nature of non-compliance of the goods with the contract.
12. The seller cannot invoke the expiry of the deadline for determining non-compliance of the goods with the contract specified in section 9, if they fraudulently concealed this deficiency.
13. If the goods are incompliant with the contract, the consumer may demand that they be repaired or replaced.
14. The seller may replace the goods when the consumer requests repair, or the seller may repair the goods when the consumer requests replacement, if bringing the goods into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the seller. If repair and replacement are impossible or would require excessive costs for the seller, the seller may refuse to bring the goods into compliance with the contract.
15. When assessing the excessive costs for the seller, all circumstances of the case are taken into account, in particular the importance of non-compliance of the goods with the contract, the value of the goods in accordance with the contract and excessive inconvenience to the consumer resulting from a change in the method of bringing the goods into compliance with the contract.
16. The consumer provides the seller with goods that are subject to repair or replacement. The seller collects the goods from the consumer at their own expense.
17. If the goods were installed before non-compliance of the goods with the contract was discovered, the entrepreneur dismantles the goods and reassembles them after repair or replacement, or commissions these activities to be performed at their own expense.
18. The consumer is not obliged to pay for the normal use of goods that have subsequently been replaced.
19. If the goods are incompliant with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
    1) the seller refused to bring the goods into compliance with the contract;
    2) the seller did not bring the goods into compliance with the contract;
    3) non-compliance of the goods with the contract persists, even though the seller has tried to bring the goods into compliance with the contract;
    4) non-compliance of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in section 11;
    5) it is clear from the seller’s statement or circumstances that they will not bring the goods into compliance with the contract within a reasonable time or without undue inconvenience to the consumer.

20. The reduced price must be in such proportion to the price resulting from the contract that the value of the goods that are not in compliance with the contract is to the value of the goods that comply with the contract.
21. The seller refunds the amounts due to the consumer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer’s declaration of the price reduction.
22. The consumer may not withdraw from the contract if non-compliance of the goods with the contract is immaterial. It is presumed that non-compliance of the goods with the contract is significant.
23. If non-compliance with the contract concerns only some of the goods supplied under the contract, the consumer may withdraw from the contract only in relation to these goods, and also in relation to other goods purchased by the consumer together with the goods that are not in compliance with the contract, if it cannot reasonably be expected that that the consumer agrees to keep only the goods that are in compliance with the contract.
24. In the event of withdrawal from the contract, the consumer immediately returns the goods to the seller at their expense. The seller refunds the price to the consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of its return.
25. The seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for them.
26. The consumer may refrain from paying the price until the entrepreneur fulfils the obligations arising from Art. 43d and Art. 43e of the Act of May 30, 2014 on consumer rights.

§ 21.

1. Rotinger brake discs, drums and pads offered through the store are covered by the seller’s guarantee.
2. The seller’s guarantee period is 3 years from the date on which the goods were delivered to the buyer, with the exception of:
   1) brake discs and drums equipped with bearings and ABS sensor rings, for which the guarantee period is 2 years from the date on which the goods were delivered to the buyer or 25,000 km of vehicle mileage, depending on which of these events occurs first;
   2) galvanic anti-corrosion coating for the Graphite Line product line, for which no guarantee is provided.
   3) other products offered by the seller (e.g. brake pads), which are covered by a guarantee specified by their manufacturer and on their terms and conditions.
3. Liability under the guarantee covers only material and production defects resulting from reasons inherent in the goods.
4. Guarantee does not cover:
   1) natural wear and tear of goods;
   2) goods worn out more than 10% of normal allowable wear and tear;
   3) goods worn out due to incorrectly selected brake pads or shoes;
   4) thermal and mechanical damage to goods resulting from improper operation or improper installation;
   5) modified goods and goods used in modified braking systems;
   6) goods used in modified suspension systems;
   7) goods used in motor sports;
   8) damage resulting from failure to comply with the recommendations regarding the installation and operation of goods;
   9) goods the serial and identification numbers of which have been changed or blurred in any way;
   10) goods damaged as a result of incorrect matching to the model or year of the vehicle or engine.

5. The condition for exercising the rights arising from the guarantee is to install the goods in accordance with the “Instructions for replacing brake discs and drums” attached to the goods and available on the website at rotinger.com.
6. Under the guarantee, the seller is obliged - at their discretion - to remove the physical defect of goods or to deliver goods free from defects, provided that these defects are revealed within the period specified in the guarantee. If the physical defect of goods is not removed or goods free of defects are not delivered, the seller will refund the price paid to the buyer.
7. Liability under the guarantee does not include the buyer’s right to claim reimbursement of lost profits due to defects in the goods.
8. The buyer who exercises the rights arising from the guarantee should, for technological reasons, deliver the goods to the seller’s office as a complete set, even if the defect concerns one element of the set.
9. The seller is obliged to perform their obligations arising from the guarantee immediately, but no later than within 14 days from the date of delivery of the goods by the buyer, and to deliver the goods to them at their own expense.
10. Other automotive parts offered through the store are covered by a guarantee specified by the manufacturer under the conditions specified in the guarantee statement of the automotive parts manufacturer.
11. The buyer may exercise their rights arising from non-compliance of the sold item with the contract regardless of the rights arising from the guarantee.
12. In the event of non-compliance of the sold item with the contract, the buyer is entitled to legal remedies by operation of law from and at the expense of the seller. The exercise of guarantee rights does not affect the seller’s liability for non-compliance of the sold item with the contract.
13. If the buyer exercises the rights under the guarantee, the deadline for exercising the rights due to non-compliance of the sold item with the contract is suspended on the date of notifying the seller of the defect. This period continues to run from the date of the guarantor’s refusal to perform the obligations arising from the guarantee or the ineffective expiry of time for their performance.

 

Chapter VI. Final provisions

§ 22.

1. Pursuant to Art. 13 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 “GDPR”), the seller informs that the controller of personal data of natural persons using the store is Union Parts spółka z ograniczoną odpowiedzialnością with their registered office at: 39-203 Nagoszyn, Bobrowa 108U, entered into the National Court Register under number 0000242003, NIP 8722255179, REGON 180069265.
2. In matters related to the processing of personal data, you can contact us in writing to the address of the controller’s registered office, by electronic means to the e-mail address: b2c@rotinger.pl or by phone at (014) 69 96 111.
3. Personal data will be processed on the basis of:
   1) 6 section 1 item a) of the GDPR, i.e. based on the consent granted to the processing of personal data - for the purpose of presenting commercial information - in the scope of the following personal data: names and surname, permanent residence address, mailing address, if different from the permanent residence address, electronic address (e-mail address), telephone number;
   2) 6 section 1 item b) of the GDPR, i.e. due to the fact that processing is necessary to perform a contract to which a natural person is a party, or to take action at the request of a natural person before concluding a contract - in the scope of the following personal data: names and surname, permanent residence address, mailing address if different from the permanent residence address, electronic address (e-mail address), telephone number, NIP (Tax ID) number, PESEL (Polish Resident Identification Number) registration number or - if this number has not been assigned - passport number, ID card number or number of another document confirming identity;
   3) 6 section 1 item f) of the GDPR, i.e. due to the fact that processing is necessary for the purposes arising from the legitimate interests pursued by the controller consisting in direct marketing related to the offering of goods and services and the presentation of commercial information - in the scope of the following personal data: names and name, permanent residence address, mailing address, if different than the permanent residence address, electronic address (e-mail address).

4. Providing personal data including names and surname, permanent residence address, mailing address if different from the permanent residence address, electronic address (e-mail address), NIP number or PESEL registration number or - if this number has not been assigned – passport number, ID card number or number of another document confirming identity is a condition for concluding a sales contract, and therefore the buyer is not obliged to provide it; however, the consequence of failure to provide such data will be the inability to conclude a sales contract. Providing other personal data is a condition for using services provided by electronic means, presenting commercial information and conducting direct marketing, and therefore the user or buyer is not obliged to provide it; however, the consequence of failure to provide such data will be the inability to use services provided by electronic means, present commercial information and conduct direct marketing.
5. The recipients of personal data will be entities providing the controller with IT services, courier and postal services, financial intermediation services and accounting and legal services.
6. Personal data will not be transferred to a third country, i.e. outside the European Economic Area or to an international organization.
7. Personal data will be stored:
   1) in the case of personal data processed on the basis of consent to the processing of personal data - no longer than until the date of withdrawal of consent to the processing of personal data, and if there are grounds for establishing, pursuing or defending claims or an obligation to store documents resulting from applicable regulations – until the expiry of the period necessary to establish, pursue or defend claims by the controller and the expiry of the document storage period resulting from applicable regulations;
   2) in the case of personal data the processing of which is necessary to perform a contract to which the user or buyer is a party, or to take action at the request of the user or buyer before concluding a contract - until the expiry of the period related to the conclusion and performance of the contract, as well as the expiry of the period necessary to establish, pursue or defend claims by the controller and the expiry of the document storage period resulting from applicable regulations;
   3) in the case of personal data processed for direct marketing purposes - no longer than until the date of objection to the processing of personal data.

8. The user or buyer has the right to request from the controller access to their personal data, rectification, deletion or limitation of processing, the right to object to processing, as well as the right to transfer their data.
9. In the case of personal data processed on the basis of consent referred to in Art. 6 section 1 item a) of the GDPR, the user or buyer has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
10. In the case of personal data processing based on Art. 6 section 1 letter f) of the GDPR for direct marketing purposes, the user or buyer has the right to object at any time to the processing of their personal data for direct marketing purposes.
11. During the processing of personal data, there will be no automated decision-making and no profiling will be used.
12. The user or buyer has the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.

§ 23.

1. Disputes arising from the use of the store will be resolved by competent Polish common courts.
2. The consumer has the opportunity to use out-of-court methods of dealing with complaints and pursuing claims. The rules of access to out-of-court methods of dealing with complaints and pursuing claims are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
   1) http://www.uokik.gov.pl/spory_konsumenckie.php;
   2) http://www.uokik.gov.pl/sprawy_indywidualne.php;
   3) http://www.uokik.gov.pl/wazne_adresy.php.
   
   

§ 24.

1. The Company reserves the right to change the terms and conditions by posting changes to the terms and conditions in an electronic version on the Internet at the following address: www.brakecenter.rotinger.com.
2. Changes to the terms and conditions are effective after 14 days from the date of their publication in the manner specified in section 1 and notifying the user or buyer who has a registered account in the store about them, by sending information about the changes made to the e-mail address provided by the user or buyer.
3. In the event of a change in the terms and conditions, the user has the right to terminate the contract for the provision of services by electronic means without incurring costs within 30 days from the date of notifying the user about the change in the terms and conditions in the manner specified in section 2.
4. To meet the deadline specified in section 3, it is sufficient to send a declaration of termination of the contract for the provision of services by electronic means before its expiry.
5. In the event of termination of the contract for the provision of services by electronic means due to changes in the terms and conditions, the user or buyer will not incur any fees to the company.
6. The user or buyer may terminate the contract for the provision of services by electronic means due to changes in the terms and conditions by submitting to the company a declaration of termination of the contract for the provision of services by electronic means in writing and delivering it in person or by sending it to the address of the company’s registered office or by electronic means by sending a declaration of termination of the contract for the provision of services by electronic means to the company’s e-mail address.
7. Changes to the terms and conditions do not apply to sales contracts that were concluded before the date of entry into force of the changes to the terms and conditions.
8. To the extent not regulated in the terms and conditions, generally applicable provisions of Polish law will apply.

 

Annex No. 1 to the terms and conditions of the ROTINGER BRAKE CENTER online store

Annex No. 2 to the terms and conditions of the ROTINGER BRAKE CENTER online store