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Terms and conditions

Terms and conditions

Regulations of MTS Technik online store of 1 January 2019

Definitions
The terms used in the Regulations shall mean:
1. Customer – natural person, legal person or organisational unit that is not a legal person, which is granted legal capacity under special provisions, and who places Orders in the Store;
2. Consumer – in accordance with Article 22[1] of the Civil Code, shall mean a natural person making with an entrepreneur a legal transaction not directly related to its business or professional activity;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Regulations – these Regulations for the provision of services by electronic means in MTS Technik online store;
5. Online Store (Store) – website available at https://mtstechnik.com, through which the Customer may in particular place Orders;
6. Goods – products presented in the Online Store;
7. Sales Agreement – agreement for the sales of Goods within the meaning of the Civil Code, concluded between MTS Technik and the Customer, made through the Store's website;
8. Consumer Protection Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. Act on provision of services by electronic means – act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
10. Order – declaration of intent of the Customer, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
11. Seller - means Nord Performance sp. z o.o. with its registered office in 84-230 Rumia, ul. Działkowców 15, Business Statistical No. (REGON) 220507266, Tax ID No. (NIP): 958-157-51-31, National Court Register No. (KRS): 0000902656, which provides electronic services and stores and gains access to information in the User's devices.
General provisions
1. These Regulations define the rules of using the online store available at: https://mtstechnik.com.
2. These Regulations are the regulations referred to in Article 8 of the Act on provision of services by electronic means.
3. The Online Store, operating at: https://mtstechnik.com, is run by Nord Performance sp. z o.o.
4. These Regulations specify in particular:
  1. rules for registering and using an account in the online store;
  2. terms and conditions for making an electronic reservation of products available in the online store;
  3. terms and conditions for placing Orders by electronic means in the online store;
  4. rules of concluding Sales Agreements with the use of services provided in the Online Store.
5. In order to use the Online Store, the Customer should gain access to a computer station or terminal device with access to the Internet on his or her own.
6. In accordance with applicable law, Nord Performance sp. z o.o. reserves the right to limit the provision of services via the Online Store to persons who have not yet reached the age of 18 years. In such an event, potential Customers shall be notified of the above.
7. Customers can access these Regulations at any time via the link found in the footer of the website https://mtstechnik.com and download it and print it out.
Rules of using the Online Store
1. The condition for using the Online Store is registering in it.
2. Registration takes place by completing and accepting the registration form, available on one of the Store's websites.
3. The condition for registering is the acceptance of the content of the Regulations and provision of the personal data marked as mandatory.
4. Nord Performance sp. z o.o. may deprive the Customer of the right to use the Online Store, as well as limit its access to some or all of the Online Store's resources, with immediate effect, if the Customer violates the Regulations, and in particular if the Customer:
  1. submits during the Online Store registration process inconsistent, inaccurate, out-dated or misleading data, or data violating the rights of third parties,
  2. violates personal rights of third parties via the Online Store, in particular, the personal rights of other customers of the Online Store,
  3. displays other behaviour that Nord Performance sp. z o.o. considers to be inconsistent with applicable law or the general principles for the use of the Internet or causing harm to the reputation of Nord Performance sp. z o.o.
5. A person who has been deprived of the right to use the Online Store may not make another registration without prior consent of Nord Performance sp. z o.o.
6. In order to ensure the security of transmission of messages and data in connection with the services provided on the Website, the Online Store shall undertake technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized collection and modification of personal data sent via the Internet.
7. The Customer is obliged in particular:
  1. not to deliver and transfer any content prohibited by law, for example: violent, defamatory content or content violating personal rights and other rights of third parties,
  2. to use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
  3. to refrain from actions such as: sending or posting unsolicited commercial information (spam) in the Online Store,
  4. to use the Online Store in a way that is inoffensive for other customers and for Nord Performance sp. z o.o.,
  5. to use all content posted on the Online Store exclusively for personal use,
  6. to use of the Online Store in accordance with the rules in force in the Polish law, provisions of the Regulations, as well as with the general principles of using the Internet.
Procedure for the conclusion of the Sales Agreement
1. Information about the Goods listed on the Store’s websites, in particular, their descriptions, technical and performance specifications as well as prices, constitute an invitation to enter into an agreement, within the meaning of Article 71 of the Civil Code.
2. In order to conclude a Sales Agreement via the Online Store, go to the website https://mtstechnik.com, make a selection of goods, taking subsequent technical steps based on the messages displayed to the Customer as well as the information available on the website.
3. The selection of Goods ordered by the Customer is made by adding them to the shopping cart.
4. While placing the Order – until the time of pressing the button "e.g. Order now under payment obligation or other similar, which informs about the payment obligation" - the Customer has the possibility to modify the entered data and the selected Goods. In order to do this, follow the messages displayed to the Customer as well as information available on the website.
5. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order shall contain information about:
  1. subject of the order,
  2. unit and total price of ordered products or services, including delivery costs and additional costs (if any),
  3. chosen payment method,
  4. chosen delivery method,
  5. delivery time.
6. In order to submit the Order, it is necessary to accept the content of the Regulations, provide all the personal data marked as mandatory and press the “Order and pay” button.
7. Sending the Order by the Customer is a declaration of intent to conclude a Sales Agreement with Nord Performance sp. z o.o., in accordance with the Regulations.
8. After submitting the Order, the Customer receives an e-mail entitled MTS Technik - Confirmation of receipt of order No. XXXX, containing the final confirmation of all essential elements of the Order.
9. The Agreement shall be deemed concluded at the time the Customer receives the e-mail referred to above.
10. The Sales Agreement is concluded in Polish, with the content compliant with the Regulations.
11. Customers can access these Regulations at any time via the link found in the footer of the website https://mtstechnik.com and download it and print it out.
12. Recording, securing and sharing the Order information as well as the General Terms (regulations of the online store) shall be made via e-mail.
Delivery
1. The delivery of Goods takes place to the address indicated by the Customer while placing the Order.
2. The delivery of the ordered Goods is carried out by UPS courier services. The delivery costs will be indicated at the time of placing the Order.
3. The time of delivery is from 1 to 7 business days from the date of sending the Order by the Customer.
Prices and payment methods
1. Prices of Goods are given in euros (EUR) and include VAT.
2. The Customer has the option to pay the price by means of:
  1. bank transfer to bank account number PL41 2490 0005 0000 4600 6188 0159,
  2. payment in the DotPay system,
  3. payment with Visa, MasterCard, Diners Club and Japan Credit Bureau payment cards.
Right to withdraw from the agreement
1. Only the Customer who is a Consumer is entitled to the 40-day term to withdraw from the agreement. The Consumer has the right to withdraw from this agreement within 40 days without giving any reason. The deadline for the withdrawal from the agreement expires 40 days from the date you came into possession of the items or a third party other than the carrier and indicated by you came into possession of the items.
2. To exercise your right to withdraw from the agreement, you must inform us MTS Technik, Działkowców 15, 84-230 Rumia, phone +48 58 585 91 58, sales@mtstechnik.com on your decision to withdraw from this agreement by way of an unambiguous statement (for example, a letter sent by post or e-mail).
3. Please use the model goods return form, which is available at the following link: RETURN_FORM
4. In order to meet the deadline for withdrawal from the agreement, it suffices to send us information about your intention to exercise the right to withdraw from the agreement before the deadline for withdrawal expires.
5. The right to withdraw from the sales contract is excluded if the Consumer concludes a contract in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy the individual needs of the Consumer (Article 38 (3) of the Consumer Rights Act), i.e. in the case of a contract for the sale of Goods resulting from the combination of the coilover suspension with the column sent by the Consumer, for which the TÜV certificate is granted, as well as in the case of an Agreement where the subject of the service is Goods, which after delivery, due to its nature, becomes inseparably connected with other things (Art. 38 item 6 of the Act on consumer rights). An inseparable connection should be understood as a situation where the physical disconnection of the sold Good from the thing with which it was connected is impossible or would cause damage or a significant change of the whole (created after combining the Good with another thing) or the Good; in this case, the Consumer loses the right to withdraw from the concluded sales contract when the Goods are combined with another thing. The exclusion of the right to withdraw due to the conclusion of a distance sales contract does not affect the possibility of exercising other rights of the Consumer.
Effects of withdrawal from the agreement
1. In the event of withdrawal from this agreement, we shall return all payments received from you, including the costs of delivery of the item (with the exception of additional costs resulting from the delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the date on which we have been informed about your decision to exercise the right of withdrawal from this agreement. The reimbursement of the payment shall be made by means of the same payment methods that you have used for the original transaction, unless you have expressly agreed otherwise; regardless, you shall not incur any fees in connection with the reimbursement.
2. We reserve the right to withhold the reimbursement of the payment until we receive the item or until the user has provided proof of its return, whichever is the earliest.
3. If the consumer has received items under the agreement: Please send or return us the item immediately, and in any case no later than 14 days from the date on which you have informed us of the withdrawal from this agreement. The deadline is met if you send back the goods within 14 days. You will have to bear the direct cost of returning the item. You shall be held responsible only if the good depreciates in value as a result of its handling other than what is necessary to establish the nature, characteristics and functioning of the good.
Complaints concerning the Goods
1. Nord Performance sp. z o.o. as the seller is liable to the Customer who is a Consumer within the meaning of Article 22[1] of the Civil Code, under the warranty for defects in the scope specified in the Civil Code, in particular in Article 556 and Article 556[1] -556[3] and subsequent Articles of the Civil Code.
2. Complaints arising from infringement of rights guaranteed by law or pursuant to these Regulations should be sent to warranty@mtstechnik.com. Nord Performance sp. z o.o. undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above deadline means that it is recognised as justified.
Complaints regarding the provision of services by electronic means
1. Nord Performance sp. z o.o. shall take steps to ensure that the Store operates properly, to the extent resulting from its current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time period.
2. The Customer is obliged to immediately notify Nord Performance sp. z o.o. of any irregularities or interruptions in the functioning of the website of the Online Store.
3. Irregularities related to the functioning of the Store may be reported by e-mail to mnowak@mtstechnik.com or using the contact form.
4. In the complaint, the Customer should provide his or her full name, correspondence address, type and date of occurrence of an irregularity related to the functioning of the Store.
5. Nord Performance sp. z o.o. undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above deadline means that it is recognised as justified.
Dispute resolution and final provisions
1. A Customer who is a Consumer may, if interested, use out-of-court means for handling complaints and pursuing claims. Disputes regarding online purchases can be solved through mediation proceedings before Provincial Inspectorates of Trade Inspection or before the arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use other methods of out-of-court dispute resolution and, for example, file a complaint through the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/
2. If the Consumer is not interested in the possibility of using out-of-court settlement of disputes, the resolution of any disputes arising between Nord Performance sp. z o.o. and the Consumer shall be subject to the courts competent in accordance with the relevant provisions of the Code of Civil Procedure.
3. Settlement of any disputes arising between Nord Performance sp. z o.o. and a Customer who is not a Consumer shall be submitted to the court competent for the seat of Nord Performance sp. z o.o.
4. The law applicable to the concluded sales contract is Polish law. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply. The choice of Polish law, however, does not deprive Consumers concluding a contract of sale of their rights under the mandatory provisions of the law of the state of their permanent residence.