> Terms and conditions

Terms and conditions for the sale and provision of services by electronic means

of the Service and the Womet.Tech Online Shop

    1. INTRODUCTORY PROVISIONS.

  1. Subject of the Terms and conditions. This document specifies the rules and conditions for concluding a sales agreement with the Service Provider, as well as the rules for the Customer's use of the womet.tech website and shop.womet.tech and constitutes the Terms and conditions for the provision of services by electronic means within the meaning of art. 8 sec. 1 of the Act on the provision of services by electronic means. The Terms and conditions specify in particular the rules for using the website, sending inquiries via contact forms, placing an Order, delivering the ordered Product to the Customer, paying the Product's sales price by the Customer, the Consumer's right to withdraw from the Sales Agreement, as well as the rules for submitting and considering complaints.

  2. Service Provider. The entity providing services electronically, under the terms described in these Terms and conditions, is WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), with its registered office at ul. Galicyjska 108, 32-447 Siepraw, NIP 6812090232, KRS 0000941623, e-mail: biuro@womet-tech.pl, tel.: +48 693 540 639

  3. Method and form of making the Terms and conditions available. The current content of the Terms and conditions is published in the Online Shop at womet-tech.pl/en/content/13-regulamin. The Terms and conditions are available to everyone, also before concluding the Sales Agreement. The Terms and conditions in the version applicable on the date of placing the Order are sent to the Customer in the form of a PDF file as an attachment to an e-mail containing confirmation of concluding the Sales Agreement.

  4. Requirement of acceptance of the Terms and conditions. The Sales Agreement is concluded and implemented on the terms specified in these Terms and conditions. Acceptance of the Terms and conditions is a condition for concluding and performing the Agreement for electronic services and the sales agreement. Using the Service requires compliance with the rules applicable therein.

  5. Requirement of confirmation of familiarization with the Privacy Policy. The Customer is obliged to submit a statement confirming familiarization with the Privacy Policy regulating the principles of processing the Customer's personal data. The declaration should be submitted before placing the Order.

  6. Recipients of the Online Shop. The Online Shop is intended for both the Consumer and the Entrepreneur, subject to the differences provided for in the Terms and conditions.

  7. Proper representation of the Entrepreneur. A natural person acting on behalf of the Entrepreneur, concluding the Agreement, by accepting the Terms and conditions, confirms that they are authorized to act on behalf of and for the benefit of the Entrepreneur. The Service Provider reserves the right to request that the above-mentioned person presents a document confirming the above authorizations.

  8. Consumer rights. The provisions of these Terms and conditions do not exclude or limit any rights of the Consumer resulting from the provisions of generally applicable law.

    1. DEFINITIONS.

  1. The terms used in the Terms and conditions should be understood as:

  1. Service Provider/Seller - WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), with its registered office at ul. Galicyjska 108, 32-447 Siepraw, NIP 6812090232, KRS 000094162, e-mail: biuro@womet-tech.pl, tel. +48 693 540 639, providing Electronic Services and selling Products on the terms described in the Terms and conditions.

  2. Customer / Buyer:

    1. a natural person with full legal capacity,

    2. a legal person or an organizational unit without legal personality, to which the law grants legal capacity within the meaning of the provisions of Section II, Title II of the First Book of the Civil Code, who intends to conclude or has effectively concluded an Agreement with the Seller in the manner described in the Terms and conditions.

  3. Consumer - a natural person performing a legal act not directly related to their business or professional activity within the meaning of art. 22(1) of the Civil Code.

  4. Entrepreneur with consumer rights - a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for them, arising in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  5. Entrepreneur – an entity that is not a Consumer within the meaning of the provisions of the Civil Code, intending to conclude a Sales Agreement or concluding a Sales Agreement solely for purposes related to its business, professional or commercial activity, including related to a conducted or established enterprise, and in particular an entrepreneur within the meaning of the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

  6. Business day –any day from Monday to Friday, excluding public holidays and public vacation days.

  7. Contact form – Electronic service, interactive form available in the Online Shop enabling the submission of sending an inquiry, including in the scope of the Product, as well as submitting an inquiry regarding the possibility of placing an Order or establishing cooperation.

  8. Registration form – a form available in the Online Shop enabling the creation and registration of a User Account.

  9. Order form – Electronic service, an interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of Delivery and payment and providing the Buyer's personal data.

  10. (User’s) Account– Electronic service marked with an e-mail address and password (a series of alphanumeric and diacritical and special characters) provided by the Customer, constituting a set of resources in the Seller's system, in which the Customer's data is collected, including information on placed Orders and personal data. Placing an Order may take place via a created Account or without creating one. Registering an Account requires providing the first name, last name, e-mail address, delivery address, telephone number and a set password. Logging into a registered Account requires providing an e-mail address and a password set for the Account.

  11. Product – a movable item within the meaning of art. 45 of the Civil Code, which is the subject of the Sales Agreement concluded between the Customer and the Seller.

  12. Terms and conditions – these Terms and conditions specifying the rights and obligations of the Customer and the Seller.

  13. Online Shop – the Seller's website available at shop.womet.tech, enabling the creation of an Account, placing an Order, concluding a Sales Agreement and ordering the Newsletter service, as well as contacting the Seller via the contact form.

  14. Service – the Seller's website available at womet.tech, containing basic information about the Service Provider and being its showcase, together with all subpages, including the Online Shop.

  15. Sales Agreement – ​​a Product sales agreement concluded or entered into on the basis of the provisions of Title XI of the Third Book of the Civil Code. The Agreement is concluded at the moment the Customer receives an e-mail confirming the Seller's acceptance of the Customer's offer.

  16. Electronic Service – a service provided electronically by the Service Provider to the Customer or other entities via the Online Shop within the meaning of the Act on the provision of services by electronic means.

  17. Order – a declaration of will by the Customer submitted to the Seller using the Order form or e-mail, aimed in its essence directly at concluding a Product Sales Agreement with the Seller. Placing an Order with the Seller by the Buyer constitutes an offer to purchase the Product within the meaning of art. 66 § 1 of the Civil Code.

  18. Delivery – an actual act consisting in delivering the Product specified in the Order to the Buyer by the Seller, through the Supplier.

  19. Supplier – a company providing transport services for commercial goods, with which the Seller cooperates in the scope of Product Delivery, whereby the Seller may also cooperate with companies acting as intermediaries in concluding agreements with companies providing delivery services.

  20. Privacy Policy – ​​Terms and conditions containing information required by art. 13 GDPR available at womet-tech.pl/en/content/21-polityka-prywatnosci

  21. Cookie Policy - Terms and conditions containing information regarding the use of cookie files by the Website and the Online Shop, available at womet-tech.pl/en/content/22-polityka-plikow-cookies

  22. Civil Code - Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2018, item 1025).

  23. Act on the provision of electronic services - Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2019, item 123).

  24. Consumer Rights Act - Consumer Rights Act of 30 May 2014 (consolidated text: Journal of Laws of 2019, item 134).

  25. GDPR - 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 (General Data Protection Regulation).

    1. GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES.

  1. Functionality of the Online Shop. The Online Shop allows Customers to: browse the Seller's Products, set up a User Account via the Registration Form, manage and maintain an Account, place an Order via the Order Form, subscribe to the Newsletter service and contact the Online Shop service in order to finalize the Order, Sales Agreement or place an Order or regarding other issues.

  2. User Account. The Account can be used after successfully completing the Registration Form. In the Registration Form, you must provide your name, surname, e-mail address, delivery address, telephone number, as well as set a password. Creating an Account is voluntary. A Customer who wants to place an Order may do so without creating an Account, by filling out the Order Form. The Customer is fully responsible for improper use of their Account, in particular for using it in a manner that is contrary to the provisions of the law, the principles of social coexistence and these Terms and conditions. The Customer is obliged not to share their Account with other Customers or third parties, regardless of the legal basis for sharing the Account. The Customer may not use the Account of another Customer.

  3. Order Form. The Customer's use of the Order Form begins when the first selected Product is added to the basket. The Order is placed immediately after filling out the Order Form and checking the box marked as order confirmation. Placing an Order does not require creating an Account, the Order may also be placed without registration.

  4. Using the Service. The Customer is fully responsible for improper use of the Service, in particular for using it in a manner that is contrary to the provisions of the law, the principles of social coexistence and these Terms and conditions.

  5. Fee for using the Online Shop. Using the functionality provided by the Seller in the Online Shop is generally free of charge. The obligation to pay arises in connection with the conclusion of the Product Sales Agreement.

  6. Period of service provision. Services consisting in providing the Service, Online Shop and forms available on the Store website are provided to the Customer for an indefinite period.

  7. Positive technical conditions for using the Online Shop. Using the full functionality of the Online Shop is possible after the Customer meets all of the following technical conditions:

    1. having a Windows/Linux operating system with a graphic console or Mac OS,

    2. having access to stable Internet connection,

    3. having an active e-mail address,

    4. using a terminal device equipped with a graphics card supporting a resolution of not less than 1024x768 pixels,

    5. using the latest version of web browsers such as Google Chrome, Mozilla Firefox, Microsoft Edge, Safari or Opera that supports JavaScript and cookies.

    6. enabled JavaScript and cookie support.

  1. Mobile devices. Using the full functionality of the Online Shop via a mobile device requires a device with a graphic system that allows you to run a web browser supporting JavaScript technologies and accepting cookies and access to stable Internet connection.

  2. Negative technical conditions for using the Online Shop. Using old and outdated web browsers may result in the inability to use the full functionality of the Online Shop.

  3. Customer's obligations related to using the Online Shop and the Service. The Customer is obliged to use the Online Shop and the Service in a manner consistent with the law, good customs and principles of social coexistence, also taking into account respect for personal rights, dignity and intellectual property rights of third parties. The Customer is absolutely and in a manner unrestricted in time and place prohibited from providing any content of an illegal nature. The Customer is obliged to provide true data. The Seller is not responsible for the consequences resulting from providing false or incorrect data.

  4. Maintenance work. The Seller has the right to temporarily suspend the provision of the Online Shop in connection with the performance of necessary maintenance work or work aimed at ensuring the security of the Customer's data and in a manner that ensures the least possible inconvenience to the Customer.

  5. Security of the Online Shop. In order to ensure the security of the transmission of information in connection with the operation of the Online Shop, the Seller implements technical and organizational measures appropriate to the level of risk to the security of the Electronic Services provided.

  6. Exclusion of the Service Provider's liability for the operation of the Online Shop. The Service Provider is not responsible for technical problems or technical limitations occurring in the computer equipment, IT system and telecommunications infrastructure used by the Customer, which prevent the Customer from using the Online Shop and the Electronic Services offered through it, as well as the unavailability of the Online Shop due to force majeure.

  7. Complaints about Electronic Services. All complaints regarding Electronic Services may be submitted electronically to the following address: biuro@womet-tech.pl or in writing to ul. Galicyjska 108, 32-447 Siepraw. The Service Provider shall consider complaints within 14 days. The Service Provider shall be liable to the Service Recipient who is a Consumer under the terms specified in Section 5B of the Consumer Rights Act, for failure to provide the Service or for the Service's compliance with the Agreement, unless there are circumstances excluding this liability.

    1. IMPORTANT INFORMATION BEFORE CONCLUDING A SALES AGREEMENT.

  1. Invitation to conclude a Sales Agreement. Announcements, price lists, advertisements and other information about the Products displayed in the Online Shop constitute an invitation to conclude a Sales Agreement within the meaning of art. 71 of the Civil Code.

  2. Product Price. The Product Price indicated on the Online Shop website is presented in Polish currency and euro and includes all components, including VAT. The Buyer who is an entrepreneur, after logging into his/her Account, is presented with net prices. However, the prices do not include any delivery costs, which are provided to the Customer in the process of placing the Order. In the case of choosing delivery outside the territory of the European Union, the price does not include local taxes and customs duties, payment of which rests solely on the Customer where necessary.

  3. Right to change the assortment. The Seller has the right to change the assortment of the Shop, including by adding or removing Products from the assortment, at its own discretion. The Seller may also change, adapt or improve the Products offered in the Shop, including in the technical, structural and design scope at its own discretion, including for the purpose of adapting to individual vehicle models.

  4. Products. The Products in the Shop are intended for use on private land and/or race tracks only. The Products do not have homologation, and therefore cannot be used on public roads, unless local regulations allow it. Before starting to use the Product, the Buyer is obliged to check local regulations in order to determine the possible use of the Products. The Seller stipulates that the Products, with excessive use, in particular when using them on race tracks, may be damaged or destroyed, which, however, does not constitute a defect of the Product or its non-conformity with the contract. Excessive use of the Product, including causing its mechanical damage or destruction by persons using the Product, constitutes its improper use, for which the Seller is not liable.

  5. Packaging. After delivery of the Products, the Buyer is obliged to dispose of the packaging on their own. In particular, the Buyer is obliged to comply with local legal regulations in this respect. The Seller is not responsible for the proper disposal of the Product packaging, subject to mandatory provisions.

  6. Copyright. The Online Shop and the Service contain digital content protected by intellectual property law, in particular works protected by copyright (content posted on the Service and the Online Shop, graphic layout, graphics, photos, films, etc.) and trademarks. The Products are also subject to protection under intellectual property law. The Customer is obliged to comply with intellectual property rights (including property copyrights and industrial property rights such as rights resulting from the registration of trademarks) belonging to the Seller and third parties. In particular, it is prohibited to copy and distribute the above-mentioned content, use it for commercial purposes and for presentation on other websites without the Seller's consent. At the same time, the Seller consents to the sharing by individuals or entrepreneurs of photos of Products, including photos of Products from the Online Shop or the Seller's social media, provided that the source of the photos or Products is clearly indicated, which may occur in particular by sharing a post or reel or posting your own materials with the Seller's name, website address or social media profile address.

  7. Independent activity of the Seller. The Seller declares that it has no legal or factual relationship with manufacturers or dealers of vehicles, including in particular vehicles of the following brands: APRILIA®, BMW®, BUELL, CAGIVA®, DUCATI®, HONDA®, HYOSUNG®, KAWASAKI®, KTM®, MOTO GUZZI®, MV AGUSTA ®, SUZUKI®, TRIUMPH®, YAMAHA®. The Seller's activity is independent, and any names or models of motorcycles have been placed on the Store's website solely for information purposes, i.e. for the purposes of indicating the purpose and correct selection of Products offered in the Store, which are accessories for the aforementioned vehicles.

  8. Product Photos. The products shown in the photos may differ slightly from the actual state, which is a consequence of the individual graphic settings of the Customer's computer. The colors of the Products presented on the website may differ slightly from the actual color due to the instability of the anodizing process. Differences indicated above do not constitute a non-conformity of the Product with the contract or its defect.

  9. Costs of distance communication. The Customer shall bear the usual costs of using the means of distance communication in order to conclude the Sales Agreement and shall not be charged with additional costs by the Seller.

  10. Product Description. The Product Description includes its specification, dimensions and materials from which it was made. In some cases, the Seller allows the selection of the Product color from the available options.

  11. Promotional campaigns, freebies. The Seller may, at its own discretion, organize promotional campaigns consisting in particular, but not exclusively, of granting freebies for purchased Products, occasional reductions in the prices of Products, organizing their sales, the possibility of participating in the Loyalty Programme, granting gift or discount vouchers. The Seller informs about currently organized promotional campaigns on the Online Shop website or within social media.

  12. Recording and sharing the content of the Sales Agreement. The Customer may store important information related to the Sales Agreement in the following manner:

    1. confirmation of the Order received at the specified e-mail address,

    2. these Terms and conditions available at womet-tech.pl/en/content/13-regulamin and as an attachment to the e-mail confirming the submission and acceptance of the Order,

    3. withdrawal form available at womet-tech.pl/en/content/13-regulamin as an Annex to the Terms and conditions and as an attachment to the e-mail confirming the submission and acceptance of the Order (applies only to the Consumer and the Entrepreneur with consumer rights),

    4. complaint form available at womet-tech.pl/en/content/13-regulamin as an Annex to the Terms and conditions and as an attachment to the e-mail confirming the submission and acceptance of the Order.

    1. PLACING AN ORDER, SELECTING PAYMENT, DELIVERY AND CONCLUSION OF THE SALES AGREEMENT.

  1. Selecting the Product. The Buyer places the Order by adding the selected Product to the "Basket" tab using the "Add to Cart" button on the Website.

  2. Personalized Products. To order Personalized Products, i.e. made according to the instructions or at the request of the Customer, placing an Order requires direct contact with the Seller or adding a Product to the Cart that has the note "Product prepared on individual Customer's order. No right to withdraw from the Agreement". In the case of placing orders for Personalized Products, the Customer has the opportunity to agree with the Seller on the specific features that the Product should have. In such a case, the Customer has the opportunity, for example, to choose the material of the Product, dimensions, and the pattern that is to be placed on the Product (e.g. placing the Customer's logo). In each case, the Seller confirms whether the implementation of the personalized Order is possible.

  3. Product temporarily unavailable. In the event of temporary unavailability of the Product, information in this regard will be visible in the Product Description. The Customer then has the opportunity to receive information about availability via the contact form. In the case of signing up to receive information about the availability of the Product, the Customer will receive information about its re-availability and will then be able to place an Order via the Store.

  4. Effects of Product unavailability. In the event that the Product ordered by the Customer is physically out of stock despite being ordered, or its components are out of stock, which prevents its assembly, or when the ordered Product is temporarily unavailable, the Seller will inform the Customer of this fact by contacting the telephone number or e-mail address provided by the Customer. In a situation where the Customer does not consent to the execution of the Order in a different form within 14 days (e.g. by exchanging the Product for a similar one with similar properties and price), the Sales Agreement will be canceled in its entirety or, if the Customer agrees, it will be executed without the unavailable Product.

  5. Review of the Cart Content. In the event of completing the selection of Products, the Buyer, using the "Cart" link, opens the "Summary" form, in which they review the Products they have selected and the list of Product prices, and then, using the "Go to order execution" button, go to the tab for selecting the appropriate login option.

  6. Providing data. In the "Log in" tab, the Buyer logs in to their individual Account, if they have one, or fills in the fields of the Order Form one by one. The following data must be provided in the Order Form: name and surname of the natural person, Delivery address (street, house number and apartment number, town with the appropriate postal code, country), e-mail address, telephone number, and in the case of placing an Order by an Entrepreneur and wishing to receive an invoice - company name, Tax Identification Number and registered office address. The Buyer is obliged to verify the correctness of the data provided.

  7. Selection of the Delivery method. The Buyer selects the Delivery method from the Delivery methods provided by the Seller. Currently available delivery methods in the Online Shop are available at the time of placing an Order in the Buyer's Cart. Depending on the country of Delivery, the Seller offers various delivery options.

  8. Personal collection. The Buyer has the option of personal collection of the Product at the Seller's registered office, after selecting this option when placing the Order.

  9. Delivery costs. Any Delivery costs are indicated to the Buyer when placing the Order. These costs depend on the payment method chosen by the Buyer, the place of Delivery, as well as current promotions. The Delivery value varies depending on the place of shipment and the dimensions of the Order and is individually provided to the Customer when placing the Order.

  10. Delivery time. The Delivery time depends on the selected Delivery method. The estimated Delivery time is indicated when placing the Order.

  11. Selection of payment method. Next the Buyer selects a payment method from among the methods provided by the Seller. The payment method accepted by the Seller is provided by him when placing the Order and depends on the country of shipment. The Seller may also propose additional payment methods for Entrepreneurs who have entered into a separate agreement with the Seller. In the case of domestic shipments, the Seller in particular allows cash on delivery; payment via Przelewy24.pl, PayPro SA, ul. Pastelowa 8, 60-198 Poznań, NIP: 779-236-98-87, REGON: 301345068, KRS 0000347935, and in the case of foreign payments - via the PayPal platform.

  12. Free Delivery. As a rule, the costs of Delivery are covered by the Buyer. The Seller organizes promotional campaigns, within the framework of which Delivery is free of charge for the Buyer. The Buyer is informed about current promotions in this regard in the case of direct contact with the Seller or on the Online Shop websites. Free delivery may also be provided for orders of a certain value or in the case of deliveries to specific locations.

  13. VAT invoice. The Buyer who is an Entrepreneur and wishes to receive a VAT invoice should inform the Seller about it before placing the Order. The VAT invoice will be sent to the Customer by e-mail or, at the Buyer's request, will be attached to the shipment.

  14. Acceptance of the Terms and conditions and Privacy Policy. Before placing the Order, the Buyer is obliged to accept these Terms and conditions and confirm that they have read the Privacy Policy in the manner indicated in section I, points 4 and 5.

  15. Order with an obligation to pay. After filling in all the mandatory fields, the Buyer has the opportunity to read the summary of the Order and, in the event of its acceptance, click the button "I order with an obligation to pay". The above is equivalent to placing the Order and the obligation to pay.

  16. Conclusion of the Sales Agreement. After placing the Order, the Buyer receives a confirmation of acceptance of the Order to the e-mail address indicated in the Order (acceptance by the Seller of the offer to conclude the Sales Agreement submitted by the Buyer). Upon receipt by the Buyer of the message from the Seller referred to in the previous sentence, a legally binding Sales Agreement is concluded between the Buyer and the Seller.

  17. Order completion term. The Order completion term by the Seller for Products available in the Shop is no longer than 48 hours. In the case of personalized Products, the Order completion time is determined individually by the Seller and communicated to the Buyer.

  18. Product receipt. Upon receipt of the Product, the Customer is obliged to check the condition of the shipment. In the event of any shortages or damage, the Customer is obliged to perform all actions necessary to establish the Supplier's liability, in particular to draw up a damage report together with the Supplier.

  19. Consequences of non-payment. The Sales Agreement is terminated within 9 days of placing the Order, if the Seller does not receive payment.

  20. Incorrect shipping address. In the event that the Customer provides an incorrect address for shipping of the goods, the Customer is obliged to cover the costs of its re-shipment to the correct address. If the Customer withdraws from the Agreement after returning the Product to the Seller due to providing an incorrect address, the Seller will refund the payment in accordance with the provisions of point VII of the Terms and conditions. In both cases, the Customer is liable for damages resulting from incorrectly provided data, including in particular an incorrectly provided shipping address.

  21. Placing Orders via e-mail. The Customer may place orders in the Online Shop via e-mail by sending a message to the address sales@womet-tech.com. In the message, the Customer is obliged to provide the Seller with the name and code of the ordered Product from among the Products available in the Online Shop and the number of these Products. Then the Customer specifies the delivery method and address, as well as the payment method, and also provides personal data, including a telephone number for contact purposes. Immediately after receiving the message, the Seller contacts the Buyer to obtain additional information or, if there is no such need, to confirm the order, while simultaneously sending the current Terms and conditions and privacy policy along with payment information. The Order is concluded after the Buyer makes the payment. If the Order is not confirmed via e-mail within 24 hours, the Order must be placed again.

    1. SPECIAL PROVISIONS FOR ENTREPRENEURS

  1. Individual conditions. Entrepreneurs who purchase Products for further resale have the opportunity to agree on individual terms of sale of Products with the Seller. In order to agree on individual terms of sale, the Entrepreneur should contact the Seller to undertake individual negotiations. The Seller may propose individual terms to the Entrepreneur at its own discretion and is not obliged to undertake negotiations or conclude any additional agreements.

  2. Agreement. The condition for using the individually agreed terms referred to in section 1 is to conclude a separate Agreement with the Seller, regulating in detail the principles of making purchases by Entrepreneurs. In the absence of an additional agreement, the Entrepreneur may place Orders on general terms.

  3. Provisions of the Agreement. The provisions of the individual Agreement may include granting special discounts, depending on the Entrepreneur's turnover, discounts on Orders with a specific volume, an individually specified deadline and method of payment and other individualized provisions.

  4. Placing Orders by an Entrepreneur with individual conditions. In the event of signing the Agreement referred to in section 2, the Entrepreneur sets up an Account in the Online Shop in accordance with the Terms and conditions. After logging into their Account, the Entrepreneur has access to information updated based on the Agreement, including in particular the discounts, methods and terms of payment available to the Entrepreneur.

  5. Terms of Completion of the Order. In case of Orders placed by Entrepreneurs referred to in section 1, the terms of Order completion may be extended, in particular due to the volume of Orders. In such a case, the Seller will inform the Buyer about the expected terms of Order completion.

  6. Payment terms. In the case of Entrepreneurs, the terms of payment are specified in an individual agreement with the Seller.

    1. ASSEMBLY AND MAINTENANCE SERVICES OFFER

  1. Additional services. The Seller, on the basis of a separate Agreement, individually agreed with the Customer, provides vehicle assembly and vehicle services, including, among others, installing of Products or other parts, repair of faults, introduction of improvements, as well as providing support during races.

  2. Commencement of the cooperation. After receiving electronically an inquiry from the Customer regarding possible cooperation , the Seller sends the Customer an offer of cooperation. The Agreement is concluded upon acceptance of the offer by the Customer or upon agreement of all terms of cooperation by the Parties.

  3. The place of Agreement performance. The place of performance of the agreement regarding assembly and service work is the Seller's registered office, unless the Parties agree otherwise. In order to use the services, the Customer is obliged to deliver the vehicle and all the elements necessary for the provision of services agreed by the Parties, unless the Parties agree otherwise.

  4. Customer’s obligations. Before delivering the vehicle, the Customer is obliged to save the data and individual vehicle settings. The Customer understands and accepts that as part of the services provided, the Seller may, if necessary, perform appropriate updates to the vehicle software or its individual parts.

  5. Authorization. As part of the performance of the agreement, the Customer authorizes the Seller to conduct test drives of the vehicle.

    1. PRODUCT REVIEWS

  1. Terms of reviews. After the Order has been completed and the Products are delivered, the Buyer has the opportunity to submit an opinion about the Product. The opinion may only concern the features of the Product, an assessment of its usefulness, workmanship, or appearance. Opinions may only come from Buyers who have concluded a sales agreement in the Online Shop. The Buyer may attach photos to the opinion, presenting the Product or the method of using the Product.

  2. Content of the opinion. The opinion should be in Polish or English, in a language correct and understandable to the average recipient. The opinion may not contain illegal content, including content that is contrary to the law, good customs or the principles of social coexistence. The opinion may not incite hatred, violence, contain defamatory or obviously misleading content. The opinion may not violate the rights of third parties, including personal rights and copyrights.

  3. Links. The opinion may only concern the Product purchased from the Seller. Opinions containing the names of other stores, including Online Shops, as well as references (links) to other websites are not permitted.

  4. Originality. The opinion must be original. It is not permitted to copy the opinions of other people - both Shop Users and other internet users.

  5. Right to verification. The Seller reserves the right to verify the opinion in terms of compliance with the above principles. In the event that it is found that the opinion violates the above principles or other principles of these Terms and conditions or generally applicable law, the Seller is entitled not to post the opinion on the Website.

  6. License. By posting the opinion and photos, the Customer grants the Seller a non-exclusive license unlimited in time and territory to use this opinion and photos, in particular by publishing them on the Website, Shop or other websites of the Seller, as well as in social media or printed materials, in particular for informational or promotional and marketing purposes. The license covers the use of opinions and photos in fields of exploitation such as: reproduction using analog and digital techniques, entering into computer memory, entering into a computer or multimedia network, introducing into circulation, renting, leasing, making publicly available at a place and time chosen by the Service Provider, displaying, broadcasting, re-broadcasting, reproducing, placing photos in databases.

  7. Image of a natural person. By posting a photo or video recording containing the image of a natural person in the Opinions section, the Buyer consents to the distribution and public sharing of his/her image. Posting photos with the image of a third party is prohibited. A photo that does not meet the above criteria may be removed by the Seller without warning and the need to notify the Buyer.

  8. Liability. The Customer bears full responsibility for the content of the opinion published by him/her and undertakes to post such an opinion that does not violate the principles resulting from these Terms and conditions.

    1. STATUTORY RIGHT OF THE CONSUMER TO WITHDRAW FROM THE SALES AGREEMENT.

  1. Right to withdraw from the Sales Agreement. The Buyer who is a Consumer or an Entrepreneur with consumer rights, pursuant to Article 27 of the Consumer Rights Act, has the right to withdraw from the distance contract, without giving a reason and without incurring costs, subject to the costs resulting from the provisions of the Consumer Rights Act, within 14 days of receipt of the Products, and to meet this deadline it is sufficient to send a declaration of withdrawal before its expiry.

  2. Exclusion of the right to withdraw from the Sales Agreement. In accordance with Article 38 paragraph 1 of the Consumer Rights Act, the Buyer does not have the right to withdraw from the Distance Sale Agreement in relation to the Sales Agreement, the subject of which is:

    1. goods which, due to their nature, are inseparably connected with other goods after delivery;

    2. non-prefabricated goods, manufactured according to the consumer's specifications or intended to meet their individual needs. This exception applies in particular to Products that are not available in the Seller's standard offer, but are made to the individual order of the Customer or according to their instructions, i.e. Personalised Products. Such Products will include, for example:

      • Products that contain a logo or design placed on the Product at the Customer's request;

      • Product with dimensions other than Products available in the Online Shop;

      • Product made of materials selected or purchased specifically at the Customer's request or provided by them;

      • Product that is not available in the Seller's standard offer, clearly marked as a Product made to the Customer's individual order.

  3. Method of withdrawal from the Sales Agreement. The declaration of withdrawal from the Agreement may be submitted by the Consumer or Entrepreneur with consumer rights on a form, the template of which is available at womet-tech.pl/en/content/13-regulamin as an Annex by sending it in paper form to the Seller's correspondence address or in electronic form to the address sales@womet-tech.com. In order to streamline the withdrawal process, it is recommended to include the Order number in the declaration.

  4. Effect of withdrawal from the Sales Agreement. In the event of withdrawal from the Sales Agreement, the Agreement is considered not to have been concluded. A declaration of withdrawal from the Agreement submitted before the Seller accepted the Order means that the offer submitted by the Buyer ceases to be binding on him and the conclusion of the Sales Agreement does not take place.

  5. Return of the Product. The Buyer is obliged to return the item to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Agreement. To meet this deadline, it is sufficient to return the Products before this term expires.

  6. Refund of payment. The Seller shall refund the appropriate payment within 14 days based on the terms specified in the Consumer Rights Act. In particular, the Seller shall refund the price of the Product and the price of delivery of the Product up to the amount of the cheapest delivery option available in the Store.

  7. Method of refund payment. The Seller shall refund the payment made by the Buyer by the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refunding the payment, which does not involve any costs for the Buyer.

  8. Return Costs. The Buyer shall send back the Product at his own expense, bearing the direct costs of returning the Product, but due to the nature of the Product, the method of return shall secure them in at least the same way as the method of shipment by the Seller.

  9. Liability for diminution in value. The Buyer shall be liable for the diminution in value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the item.

  10. Non-acceptance of shipments sent at the expense of the Seller. The Seller does not accept shipments sent at the expense of the addressee or cash on delivery.

    1. SELLER'S LIABILITY AND COMPLAINT PROCEDURE.

  1. Seller's liability based on warranty. The Seller is liable to the Buyer who is a Consumer and an Entrepreneur with consumer rights under the terms specified in Chapter 5A of the Consumer Rights Act, for the lack of conformity of the Product with the Agreement, unless there are circumstances excluding this liability.

  1. Form of complaint. Complaints regarding the Seller's liability for the lack of conformity of the Product with the agreement, the Consumer and the Entrepreneur with consumer rights may submit in electronic form by sending an e-mail to the address biuro@womet-tech.pl or in writing to the address WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), ul. Galicyjska 108, 32-447 Siepraw. The Consumer may use the form available at womet-tech.pl/en/content/13-regulamin.

  1. Content of the complaint. The Seller recommends that the complaint notification should include in particular the following information:

  • contact details of the Consumer or Entrepreneur with consumer rights submitting the complaint (name, surname, address and contact telephone number) and the Order number,

  • attachments in the form of: photos in .jpg or .png format or videos in .mp4 format showing the Product and its non-conformity with the contract,

  • detailed description of the non-conformity, including the type and date of occurrence of the non-conformity,

  • proof of purchase of the product in the Online Shop,

  • the Buyer's complaint request.

The content of the complaint referred to above is a recommendation and does not affect the effectiveness of complaints submitted without it, but may affect the time of consideration of the submitted complaint. Providing the above data guarantees immediate consideration of the complaint. The Buyer is obliged to attach proof of purchase of the Product to the complaint.

  1. Buyer's complaint rights. If the sold item has a defect, the authorized Buyer may request its replacement or repair. The entrepreneur shall repair or replace within a reasonable time from the moment the entrepreneur was informed of the lack of conformity with the contract, and without excessive inconvenience to the Buyer, taking into account the specificity of the goods and the purpose for which the consumer acquired them.

  2. Impossibility or excessive costs. The entrepreneur may replace when the Buyer requests repair, or the entrepreneur may repair when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.

  3. Moment of finding the lack of conformity. The Seller is liable for the lack of conformity of the goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the expiry date of the goods, specified by the entrepreneur, its legal predecessors or persons acting on their behalf, is longer.

  4. No liability of the Seller. The Seller shall not be liable for improper assembly of the Product, in particular assembly of the Product in a manner inconsistent with the instructions and in the event of assembly of the Product by unauthorized persons. The Seller shall not be liable for damage or destruction of the Product by the Buyer, including that caused by excessive exploitation of the Product, in particular during the use of the Product on racetracks or in competitions. The Seller reserves that the Product may be destroyed or damaged, including mechanical damage, in the event of its use in the manner indicated above, which, however, does not constitute non-conformity of the Product with the contract or its defect.

  5. Withdrawal from the Contract, price reduction. If the goods are not in accordance with the contract, the Buyer may submit a declaration of a price reduction or withdrawal from the contract, if the entrepreneur has refused to bring the goods into conformity with the contract or the entrepreneur has not brought the goods into conformity with the contract or the lack of conformity of the goods with the contract persists despite the entrepreneur's attempts to bring the goods into conformity with the contract, the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures indicated in point 4 or it clearly follows from the entrepreneur's declaration or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Buyer. The reduced price must remain in such proportion to the price resulting from the contract that the value of the goods that are not in conformity with the contract remains in such proportion to the value of the goods that are in conformity with the contract. The Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is material. In the event of withdrawal from the contract, the Buyer shall immediately return the goods to the entrepreneur at his expense. The entrepreneur shall return the price to the Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.

  6. Term for handling complaints. Complaints shall be reviewed within 14 days of the date of their receipt by the Seller, provided that the Consumer or Entrepreneur with consumer rights files a complaint in a manner that allows for a substantive response to its content.

  1. Costs of the shipment of the parcel being the subject of complaint. In the event of a justified complaint, the shipping costs related to the complaint are covered by the Seller. In particular, the Seller shall bear the costs of repair or replacement, including in particular the costs of postage, transport, labor and materials. In the event of an unjustified complaint, the shipping costs related to the complaint shall be covered by the Buyer.

  1. Exclusion of warranty towards the Entrepreneur. In the event that the Buyer is an Entrepreneur, with the exception of an Entrepreneur with consumer rights, his rights under the warranty for physical and legal defects of the sold item are excluded.

  1. Guarantee. The Seller does not provide Buyers with a guarantee within the meaning of art. 577 § 1 of the Civil Code, which does not exclude the right of the Service Provider to provide a warranty on the basis of separate documents.

    1. PERSONAL DATA.

  1. Data Controller. The Service Provider is the controller of the Customers' personal data.

  2. Purpose of data processing. Personal data is processed for the purpose of: placing an Order, concluding a Sales Agreement, considering a complaint, pursuing and defending against potential claims, handling a submitted inquiry.

  3. Customer's Rights. The Customer has the right to access the content of his/her data, correct it, transfer it, file an objection in the case of providing marketing services based on the legitimate legal interest of the controller, withdraw consent, if the basis for data processing is consent, limit processing. Providing data is voluntary, but necessary to achieve individual purposes.

  4. Other information on data processing. Detailed information on the processing of the Customer's personal data can be found in the Privacy Policy available at: womet-tech.pl/en/content/21-polityka-prywatnosci

    1. CHANGES TO THE TERMS AND CONDITIONS.

  1. Changes to the Terms and conditions. Subject to the provisions of section 2 below, the Service Provider may introduce changes to the content of these Terms and conditions in the event of:

    1. changes to the scope and method of providing the Electronic Services offered in the Online Shop;

    2. ensuring the security of information that is obtained or processed;

    3. changes in generally applicable legal provisions that affect the content of the Terms and conditions;

    4. the need to adapt the principles of the Online Shop functioning to orders, rulings, provisions or guidelines resulting from decisions of the public administration body competent in the scope of running the Seller or a court ruling applicable to the scope of the Seller's activity affecting the mutual rights and obligations of the Parties;

    5. the need to correct obvious errors or clerical errors or to fill gaps or inaccuracies in the Terms and conditions that cannot be removed as a result of the interpretation of the provisions contained;

    6. merger, division or transformation of the Seller or change of other identification data of the Seller indicated in these Terms and conditions (to the extent necessary to update such data);

    7. occurrence of other, exclusively important reasons.

  2. Application of the Terms and conditions after changes. The changes enter into force on the date indicated in the information and apply to Sales Agreements concluded from that day. Concluding a Sales Agreement from the date of entry into force of the changes means acceptance of the Terms and conditions in the version applicable after the change.

    1. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES.

  1. Information on the possibility of amicable settlement of a dispute. A dispute arising from the Sales Agreement concluded between the Buyer who is a Consumer and the Seller may be resolved amicably through the out-of-court settlement of consumer disputes procedure. The Seller's participation in the out-of-court settlement of consumer disputes is voluntary, and the information provided below does not constitute the Seller's obligation to participate in such proceedings. In the event that, following a complaint filed by the Consumer, the dispute has not been resolved, the Seller shall each time provide the Consumer with a statement on paper or another durable medium of the intention to file a request to initiate the out-of-court settlement of consumer disputes or of the consent to participate in such proceedings or of the refusal to participate in the out-of-court settlement of consumer disputes. If the Seller has not submitted any statement, it is deemed that he consents to participate in the out-of-court settlement of consumer disputes.

  2. Permanent arbitration court. Under the principles set out in the Act of 15 December 2000 on the Trade Inspection, a dispute regarding property rights resulting from the Sales Agreement concluded between the Consumer and the Seller may be submitted to the permanent arbitration courts at the provincial inspectors of the Trade Inspection at the request of the Consumer.

  3. Actions of the Trade Inspection. Under the principles set out in the Act of 15 December 2000 on the Trade Inspection, if the nature of the case so requires, the Provincial Inspector of the Trade Inspection shall take action aimed at out-of-court resolution of a civil law dispute between the Consumer and the Seller by enabling the parties to bring the positions of the parties closer together in order to resolve the dispute by its parties or by presenting the parties with a proposal for resolving the dispute. The proceedings are initiated at the request of the Consumer, submitted to the Provincial Inspector competent for the place of business activity of the Seller.

  4. Free consumer advice. The consumer may also contact the district (municipal) consumer advocate, whose tasks include, in particular, providing free consumer advice and legal information in the field of consumer interest protection and contacting entrepreneurs in matters of consumer rights and interests protection.

  5. Other legal information. The principles and procedures for access to out-of-court resolution of consumer disputes are specified separately in legal provisions (including, in particular, the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in Terms and conditions applied by entities authorized to resolve consumer disputes, in particular, in the Terms and conditions applicable in these entities. The consumer may also obtain information on out-of-court methods of handling complaints and pursuing claims and the principles of access to these procedures on the websites of district (municipal) consumer ombudsmen, social organizations, provincial inspectorates of Trade Inspection, social organizations whose statutory tasks include consumer protection and the Office of Competition and Consumer Protection (in particular: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php).

  6. ODR Platform. In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the consumer may file a complaint via the ODR online platform.

    1. FINAL PROVISIONS.

  1. Contact. Unless the provisions of these Terms and conditions provide otherwise, all correspondence should be sent to the following address of the Seller: WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), with its registered office at ul. Galicyjska 108, 32-447 Siepraw, NIP 6812090232, KRS 0000941623, e-mail: biuro@womet-tech.pl, tel. +48 693 540 639

  2. Severability clause. Recognition of individual provisions of these Terms and conditions in the manner provided for by law as invalid or ineffective does not affect the validity or effectiveness of the remaining provisions of the Terms and conditions. In place of the invalid provision, the rule that is closest to the purposes of the invalid provision and of the entirety of these Terms and conditions will be applied.

  3. Court jurisdiction. The court with jurisdiction to hear disputes related to the subject of these Terms and conditions, to which the Entrepreneur is a party, is the common court for the registered office of the Service Provider, and in cases to which the Consumer is a party, the court with jurisdiction according to general provisions.

  4. Applicable provisions and provisions of the Agreements. In matters not regulated in these Terms and conditions, the provisions of the law in force in the territory of the Republic of Poland shall apply, as well as the provisions of other standard contracts accepted by the User within the Service. On the basis of Article 6 of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11 April 1980, the Parties exclude the application of this Convention to contracts concluded on the basis of the Terms and conditions.

  5. Choice of law and consumer rights. The choice of Polish law based on the Terms and conditions does not deprive the Buyer who is a Consumer of the protection granted to him/her under the provisions that cannot be excluded by manner of an agreement between the Buyer and the Seller, under the law that, in accordance with the relevant Terms and conditions, would be applicable in the case of the right to choose.

  6. Entry into force of the Terms and conditions. The Terms and conditions enter into force on 21.02.2025 and on that day replace the previously applicable Terms and conditions. The Terms and conditions apply to Sales Agreements concluded from the date of their entry into force.

Appendix No. 1: COMPLAINT FORM TEMPLATE

(this form should be completed and returned only if you wish to file a complaint in the event of non-compliance of the Products)

Addressee:

WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), ul. Galicyjska 108, 32-447 Siepraw, NIP 6812090232, KRS 0000941623, e-mail: biuro@womet-tech.pl tel. +48 693 540 639,

I/We (*) hereby inform about the existence of non-compliance of the Product with the Agreement, revealed after receiving order no. ………………………. .

1. Description of the non-conformity/damage and its effects:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Date of determination of non-conformity:…………………

3. Customer request:

In the case of a Product:

- exchange (return of the product and re-shipment) - YES/NO

- price reduction by the amount of……….. - YES/NO;

- withdrawal from the contract (return of the product) - YES/NO;

- repair of the product - YES/NO.

Date of conclusion of the agreement: …………………………………………………………..

Name and surname…………………….…………………………………………………………..

Address…………………………………………………………………………………………..

………………

Signature

……………………

Date

*delete as appropriate

Appendix No. 2: INFORMATION ON WITHDRAWAL FROM THE AGREEMENTi

A consumer who concludes the Agreement has the right to withdraw from it within 14 days from the day on which he/she came into possession of the Product or on which a third party other than the carrier and indicated by the Consumer came into possession of the Product.

In accordance with Article 22 (1) of the Civil Code, a consumer is a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.

The right to withdraw from the agreement is also granted to an entrepreneur with the rights of a consumer, i.e. a natural person who concludes an agreement directly related to his/her business activity, when it results from the content of this agreement that it is not of a professional nature for this person.

A declaration of withdrawal from the agreement is effective if it is submitted within the above-mentioned period. The declaration can be submitted by post to the Seller's registered office address or by sending an e-mail to the address sales@womet-tech.com

When withdrawing from the Agreement, you can use the template letter indicated below, but this is not necessary to achieve the appropriate effect.

In the event of withdrawal from the Agreement, the Buyer will receive a refund immediately, and in any case no later than within 14 days. The refund is made using the same payment methods that were used in the original transaction.

In accordance with art. 38 of the Consumer Rights Act, the right to withdraw from the Distance Sale Agreement does not apply to the Buyer in relation to the Sale Agreement, the subject of which is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs and in the case of goods that, once delivered, by their nature, are inseparably combined with other goods.

Sample template for withdrawal from the agreementii

– WOMET.TECH spółka z ograniczoną odpowiedzialnością (LLC – limited liability company), ul. Galicyjska 108, 32-447 Siepraw, numer NIP 6812090232, KRS 0000941623, e-mail: sales@womet-tech.com, tel. +48 693 540 639,

I/We(*) hereby inform about my/our withdrawal from the sales contract for the following Products(*):

………...………………………………………………………………………………………………………...……………………………………………………………………………………………………

………...………………………………………………………………………………………………………...……………………………………………………………………………………………………

– Date of placing the order…………………………………………………………….

– Consumer's name and surname…………………………………………

- Order number………………………………………………………

– Consumer's signatureiii……………………

– Date…………………………………………

*Delete where not applicable.

i This form provides you with basic information on how to effectively withdraw from a contract the subject of which is Products, within 14 days from the date on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item, or with regard to a Contract for the supply of digital content - within 14 days from the date of conclusion of the Contract.

ii This form must be completed only if you wish to withdraw from the contract. The form can be sent by regular mail or by e-mail.

iii Only if the form is sent in hard copy.