Store Regulations

I. GENERAL PROVISIONS

1. These terms and conditions define the general conditions, rules for the use of the Internet store and the manner of providing services electronically and sales conducted through the Internet store iod20.jdmsite.com located in Rzeszow, Biesiadna 9 Street, 35-304 Rzeszow.
2. The customer is entitled and obliged to use the Online Store in accordance with its purpose.
3. The customer is obliged to refrain from any activity that could affect the proper functioning of the Online Store, including, in particular, from any interference with the content of the Online Store or its technical elements, including the provision of unlawful content. It is forbidden to use the Online Store for purposes other than its intended use, including, in particular, sending spam, conducting any commercial, advertising, promotional, etc. activities on the Online Store’s website.
4. Products offered in the Online Store, including in particular IOD Performance brand products, may not be homologated and may not be intended for use on public roads, unless the product description clearly states otherwise. These products are intended for use off public roads, including, in particular, sports, off-road, special, or exhibition applications.
5. Placing an order for specific goods by the Customer implies acceptance of the provisions of these Regulations.

II. DEFINITIONS

The terms used in the Regulations shall mean:

1. Working days – these are days from Monday to Friday excluding public holidays.
2. Customer – a natural person with full or limited legal capacity, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, who makes an Order from the Online Store.
3. Consumer – a natural person making a legal transaction not directly related to his business or professional activity.
4. Civil Code – the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
5. Account – a space made available to the Customer within the Store in accordance with the Regulations, allowing the Customer to use the functionality of the Store after registering on the Store’s website.
6. Regulations – this document.
7. Registration – a one-time action, consisting of the creation of an Account by the Customer, made using the registration form made available by the Seller on the website of the Online Store.
8. Online Store (Store) – an online store operated at: iodshop.pl
9. Seller – IOD Performance Sp. z o. o. 9 Biesiadna Street, 35-304 Rzeszów NIP: 8133733786 KRS: 0000654467 REGON: 366137304.
10. Goods – products presented in the Online Store, the description of which is available next to each product presented.
11. Customized goods – products presented in the Online Store, manufactured to the individual order of the Customer, the description of which is available next to each product presented.
12. Sales contract – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer.
13. Services – services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
14. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827).
15. Electronic Services Act – the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
16. Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
17. Individual Order – a declaration of will of the Customer, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods on order.

III. PLACING AN ORDER (PROCEDURE FOR CONCLUDING A SALES CONTRACT)

1. Information about the Goods given on the pages of the Store, their descriptions, technical and usage data and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
2. The Customer may place Orders in the Store by:
   • Filling out an electronic Order form, including the Customer’s data needed to complete the Order, in particular: name, address, e-mail address and contact phone,
   • Use of the Customer’s personal data obtained as a result of prior registration in the Store (purchase through the Customer Account),
   • placing an Order by phone at 730 708 300 by providing the following details: name, address, e-mail address, contact phone, name of the Goods and their quantity, form of delivery and method of payment,
   • placing an Order by sending an e-mail to shop@iodperformance.com by providing the following data: name, address, e-mail address, contact phone and the name of the Goods and their quantity, form of delivery and method of payment.
3. In order to conclude a Sales Agreement via the Online Store and the Order form provided therein, it is necessary to make a selection of goods, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the site.
4. The selection of the ordered Goods by the Customer is made by adding them to the shopping cart, filling out the indicated forms with their data and approving the order.
5. After the Customer using the Online Store has provided all the necessary data, a summary of the submitted Order will be displayed in a clear and visible manner. The summary of the submitted Order will include information regarding:

• description of the subject matter of the Order,
• the unit and total price of the ordered products or services, including taxes, including delivery costs and additional costs (if any),
• customer contact details
• of the selected sales document
• method of delivery chosen
• of the selected payment method
• the method of contacting the Store.

6. In order to confirm the Order, it is necessary to accept the content of these Terms and Conditions and confirm that you have read the right to withdraw from the contract, provide personal data marked as mandatory and press the “Order with obligation to pay” button.
7. Confirmation of the Order by the Customer constitutes an offer to the Seller to conclude a contract of sale of the Goods that are the subject of the Order.
8. After placing an Order, a Confirmation of the Order placed by the Customer will be sent to the Customer’s e-mail address indicated in the Customer’s account. It contains the individual number of the Order and all its essential elements such as min: the name of the products, their quantity and price, method of payment and delivery. The attachment of this email also includes in the form of a PDF file: Terms and Conditions of the Store and a ready-made Withdrawal Form, which the Customer, if he wishes to withdraw from the contract, can print, fill out and send back.
9. The Seller may contact the Customer before confirming the Order to confirm the data.
10. Email and telephone orders will require confirmation of acceptance of the terms and conditions of purchase by sending back an acceptance notice from the customer to shop@iodperformance.com
11. The contract is concluded when the Store sends a confirmation of acceptance of the order to the Customer’s e-mail address indicated in the order.
12. The Store processes Orders both for finished products, i.e. Goods, but also for customized products, i.e. Goods on request.
13. Recording, securing, making available and confirming to the Customer the significant provisions of the Agreement for the sale of goods, is done by sending them to the Customer at the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation, the Order specification and the VAT invoice.
14. The contract of sale is concluded in the Polish language, with content in accordance with the Regulations.
    

IV. CUSTOM GOODS.

1. Custom merchandise includes: expedition bodies, portal attachments and all products whose design differs from the products available in the store.
2. Customized goods are products created in accordance with the customer’s order, with specific characteristics directly related to the buyer.
3. Orders related strictly to the person of the buyer, of a nature individually determined by the customer, also include Orders
4. Customized goods specified in items. 1-3 are individually tailored to the needs of the ordering party, and consequently, the right of withdrawal in these cases does not apply. This is regulated by para. 5c of Section VII. Withdrawals and Returns.
5. Goods on order specified in items. 1-3 are not refundable.
6. The seller is liable for non-conformity of goods ordered individually.

V. SUPPLY

1. The store delivers Orders in Poland, as well as by individual arrangement between the Seller and the Customer in the European Union.
2. Delivery of Goods is made to the address indicated by the Customer in the order.
3. Methods of delivery of ordered goods: via courier service (standard parcel, long-distance, gabarge and pallet) or via an external company or own transport.
4. It is also possible to pick up the goods in person at the store’s headquarters (Biesiadna 9 Street, 35-304 Rzeszow). The store will inform the customer by phone about the availability of the goods at the place of collection.
5. Delivery costs will be indicated at the time of placing the Order.
6. Delivery shall be made immediately, but no later than 7 days from the conclusion of the contract.
7. The seller is not responsible for extended delivery times or non-delivery due to the customer providing an incorrect or incomplete delivery address.
8. The seller is liable for defects in the item, in accordance with the provisions of the Civil Code.

VI. PRICES AND PAYMENT METHODS

1. The prices of the Goods in the Store are gross prices (including VAT) expressed in Polish zloty or Euro.
2. The customer can choose the following payment methods:
   • bank transfer to the Store’s bank account. Shipping of the Order will be carried out immediately after the funds are credited to the Store’s bank account, but no later than within 7 days;
   • e-payment through the Tpay Settlement Center. Shipment of the Order will be made as soon as the confirmation of the executed transaction is received from Tpay, but no later than within 7 days;
   • e-rate through the Tpay Settlement Center. Shipping of the Order will be carried out immediately after receipt of confirmation of receipt of credit by the bank providing it, but no later than within 7 days;
   • payment by cash or card at the Store,
   • cash on delivery payment.
3. The store in the case of certain Goods, in particular customized Goods, reserves the right to limit the method of payment and delivery by not providing certain payment and delivery options.

4. The store in the case of some Goods, especially customized Goods, reserves the right to make an advance payment in order to launch the Order.

VII. WITHDRAWAL FROM THE CONTRACT AND RETURNS

1. A customer who is a consumer within the meaning of Article 221 of the Civil Code may withdraw from the contract without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
2. The Customer may formulate the statement on his/her own or use the model withdrawal statement. This template is sent to the Customer’s email address as a PDF attachment to the Order Confirmation email.

3. The 14-day period shall be counted from the day on which delivery of the Goods took place or, in the case of a contract for the provision of Services, from the date of its conclusion.

4. Upon receipt of the consumer’s statement of withdrawal, the seller will send to the consumer’s e-mail address an acknowledgement of receipt of the statement of withdrawal.

5. The consumer’s right of withdrawal is excluded in the case of:
   • 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 by the Seller will lose the right to withdraw from the contract;
   • contract 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;
   • a contract in which the object of performance is a customized, non-refabricated Goods, produced to the consumer’s specifications or serving to meet his individualized needs;
   • contract, in which the object of performance is Goods that are perishable or have a short shelf life;
   • contract in which the object of performance is Goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
   • contract, in which the subject of performance are Goods, which after delivery, due to their nature, are inseparably combined with other things;
6. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management, and in particular to ascertain the nature, characteristics and functioning of the thing. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
7. The Seller shall immediately, but no later than within 14 days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has agreed to a different method of refund that does not involve any costs for him.
8. If the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
9. The consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the consumer of the need to bear these costs.

VIII. COMPLAINTS REGARDING GOODS AND CUSTOMIZED GOODS

1. The Seller shall be liable to the Customer, including the Customer who is a consumer within the meaning of Article 221 of the Civil Code, under the warranty for defects under the terms of the Civil Code.
2. Complaints arising from the violation of the Customer’s rights guaranteed by law, or under these Regulations, should be addressed to IOD Performance Sp. z o. o. 9 Biesiadna Street, 35-304 Rzeszów or by completing this form.
3. In order to consider the complaint, the Customer should send or deliver the advertised Goods or customized Goods, if possible, enclosing a proof of purchase. It should be delivered or sent to the address indicated in item. 2 above.

4. Complaints regarding Goods and Custom-made Goods will be considered after the Goods in question have been delivered to the Seller’s registered office address, i.e., IOD Performance Sp. z o.o., ul. Biesiadna 9, 35-304 Rzeszów, unless the nature of the complaint prevents it from being processed without physical delivery of the Goods.

   The costs of delivering the Goods in question to the Seller are borne by the Customer, except where the Seller is required to bear them under mandatory provisions of law.

5. The Seller undertakes to consider each complaint within 1 to 30 days.
6. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer. The Seller shall reimburse the Customer for shipping costs.
7. The Seller is not the manufacturer of the offered Goods and customized Goods. The manufacturer is liable under the terms and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the Customer may submit its claims under the warranty directly to the authorized service center, the address of which is indicated in the warranty card.

8. The Seller informs that the Online Store also offers Goods from other manufacturers. In the case of third-party Goods that are not intended for use on public roads or do not have the required approval, the Seller is not responsible for their use in a manner inconsistent with applicable law.

   The Customer is obligated to review the description of the Goods and the information provided by the manufacturer and independently verify whether the Goods are approved for use on public roads and meet the legal requirements for their intended use.

IX. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Customer may submit complaints regarding the functioning of the Store and use of the Services. Complaints should be sent to the address of IOD Performance Sp. z o. o. 9 Biesiadna Street, 35-304 Rzeszów or by completing this form
2. In the complaint, the customer should provide his name, mailing address, type and description of the problem.
3. The Store undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period about the date of consideration of the complaint. In the case of deficiencies in the complaint, the Store will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

X. OUT-OF-COURT MEANS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

1. The customer who is a consumer has, among other things, the following options for out-of-court means of handling complaints and claims:
   • is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement.
   • is entitled to apply to the Provincial Inspector of Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller.
   • may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the e-mail address porady@dlakonsumentow.pl.

XI. PRIVACY POLICY

1. The administrator of the data obtained through the Store is the owner of the Store.
2. The store operates in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data (consolidated text of the Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
3. The Administrator is authorized to disclose personal data only to entities authorized under applicable laws.
4. The owner of the Store undertakes to protect the personal data provided by Users from loss, destruction, disclosure, access by unauthorized persons or misuse.
5. The administrator processes personal data for the purpose of fulfilling contracts concluded through the Online Store and for direct marketing of its own products.
6. The user provides his personal information needed for registration voluntarily.
7. The user has the right to inspect and modify his/her personal data at any time, as well as to request their removal from the database. Requests should be addressed to IOD Performance Sp. z o. o. 9 Biesiadna Street, 35-304 Rzeszów or e-mail sklep@iodshop.pl

XII. COOKIE POLICY

1. Cookies are understood as small text files, stored to maintain the Client’s session (after logging in), so that the Client does not have to enter the Client’s name and password on each page, and are used to create viewing statistics, presentation of online advertisements with content closest to the Client’s interests, and creating online surveys and protecting them from multiple voting by the same people. These files do not collect the Client’s personal data, do not change the configuration of the Client’s computer, are not used to install or de-install any computer programs, viruses or trojans, do not interfere with the integrity of the Client’s system or data, are not processed by other web services and can be deleted by the Client at any time.
2. The customer may agree to enable cookies.

XIII. FINAL PROVISIONS

1. The Seller makes every effort to ensure that the services provided by the Online Store are of the highest quality, but does not exclude the possibility of temporarily suspending the availability of the Online Store in case of the need for maintenance, inspection, equipment replacement or in connection with the need to modernize or expand the Online Store.
2. To the fullest extent permitted by law, the Seller shall not be responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Customer and for the deletion and blocking of e-mails by software installed on the computer used by the Customer.
3. Individual computer settings may cause differences between the visualization of the goods on the customer’s computer and the actual appearance of the goods (color, proportions, etc.).
4. Any disputes arising between a Customer who is not a consumer within the meaning of the Civil Code, and the Seller will be resolved by a court with local jurisdiction over the registered office of the Store.
5. The provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply in matters not regulated by these Regulations.
6. The content of these Regulations is subject to change. Each Customer will be informed of any changes through information on the main page of the Store containing a summary of the changes and their effective date. Customers with a Customer Account will additionally be informed of the changes with a summary of the changes to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If the Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Lack of acceptance will result in termination of the contract.