Terms and conditions

Terms of Service of the rallymerchandise.eu online store

§1 Definitions

Terms of Service — these Terms of Service for the provision of services by electronic means, setting out the conditions under which the Seller provides Electronic Services through the website www.rallymerchandise.eu to Customers.
Seller — Top Racing Shop sp. z o.o. with its registered office in Warsaw, ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register (KRS), under number KRS 0001071394, NIP (Tax ID) 522-327-92-43 (EU VAT: PL5223279243), REGON 527048622, share capital PLN 10,000; e-mail: info@rallymerchandise.eu, tel.: +1 (929) 640-0292; being the service provider, administrator and owner of the Store.
Customer — an entity that enters into an Agreement for the provision of a service with the Seller, provided that it has full legal capacity or limited legal capacity in cases regulated by generally applicable law, or that is a legal person or an organisational unit.
Consumer — a Customer who is a natural person entering into an Agreement not directly related to their business or professional activity.
Entrepreneur with consumer rights — a Customer who is a natural person entering into an Agreement directly related to their business activity, where the content of that Agreement indicates that it does not have a professional character for them. The provisions of these Terms of Service concerning the Consumer apply to an Entrepreneur with consumer rights with respect to withdrawal from the Agreement, liability for the conformity of the Product with the Agreement, and prohibited clauses.
Store — the online store operated by the Seller in the English language through the website available at www.rallymerchandise.eu. The Store provides Customers with Electronic Services, including Sales.
Electronic Service — a service provided by the Seller to the Customer under an Agreement concluded through the Store, within an organised system for concluding distance contracts, without the simultaneous physical presence of the parties.
Cart — a functionality of the Store enabling the Customer to compile Product orders. A Product is added to an order by using the "Add to cart" button next to the Product.
Sale — a distance Product sales service provided by the Seller to the Customer, through the transmission of data at the Customer's individual request, transmitted via a telecommunications network.
Agreement — an agreement for the provision of an Electronic Service by the Seller to the Customer.
Seller's Contact Details — Top Racing Shop sp. z o.o., ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland; e-mail: info@rallymerchandise.eu; tel.: +1 (929) 640-0292.
Customer's Contact Details — the data by which the Seller may contact the Customer: address, e-mail address and telephone number.
Customer Account — a panel for managing the Customer's orders, available within the Store after Registration and logging in.
Registration — the creation of a Customer Account using the Store's registration form.
Product — an item presented in the Store by the Seller for the purpose of Sale.
Delivery — the handing over of Products to the Customer at the indicated place of destination via a Carrier.
Carrier — an entity performing the Delivery of Products in cooperation with the Seller.
External Payment System — the online payment systems used by the Seller: the IdoSell payment system (IdoPay) operated by IAI S.A., and PayPal.
Business Days — days from Monday to Friday, excluding public holidays.
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).

§2 General provisions

The Seller establishes these Terms of Service and makes them available free of charge at www.rallymerchandise.eu, pursuant to the applicable provisions on the provision of services by electronic means.
The Seller provides Electronic Services in accordance with these Terms of Service.
The information presented on the Store's website does not constitute an offer within the meaning of the Civil Code, but merely an invitation to submit offers to conclude a Sales Agreement.
Electronic Services are provided through the Store's website 24 hours a day, 7 days a week.

§3 Conditions of use and Registration

To use the Store, it is necessary to have a device with internet access, a correctly configured and up-to-date web browser (e.g. Google Chrome, Mozilla Firefox, Safari, Microsoft Edge or Opera) and an active e-mail account.
Use of the Store takes place by familiarising oneself with its content.
The management of the Customer's orders takes place via the Customer Account. Use of the Customer Account is possible after it has been created and after logging in with a login and password.
A Customer Account is created through voluntary registration, consisting of completing and submitting the registration form made available on the Store's website.
Completing the registration form consists of filling in all mandatory fields and, optionally, the optional fields, using the Customer's true and complete data, in particular the Customer's Contact Details.
Before submitting the registration form, the Customer, by ticking the appropriate box, declares that they have read the Terms of Service and accept its provisions. Failure to make this declaration prevents the creation of a Customer Account.
Before submitting the registration form, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by the Seller. Such consent may be withdrawn at any time.
Upon receipt of the registration form, the Seller promptly sends to the Customer's e-mail address a confirmation of registration together with a Customer Account activation link.

§4 Personal data

The administrator of Customers' personal data is the Seller. The data is processed in order to fulfil orders on the basis of Article 6(1)(b) GDPR, and for the other purposes and on the other bases described in the Privacy Policy available on the Store's website.
Providing data is voluntary but necessary to complete an order. Without such data, a sales agreement cannot be concluded.
The Customer has the right to request access to their personal data, its rectification, erasure or restriction of processing, the right to object to processing, the right to data portability, and the right to lodge a complaint with the President of the Personal Data Protection Office.
Detailed rules on the processing of personal data, including the list of entities to which the data is transferred and the retention periods, are set out in the Privacy Policy.

§5 Provision of free Electronic Services

The Seller provides Customers with the following free Electronic Services: making the order form available, a Product enquiry, submitting a Product review, rating a Product, maintaining a Customer Account, the Newsletter, recommending a Product, and adding a Product to the wishlist.
The agreement for the provision of the order form service is concluded for a definite period at the moment of starting to use the form and is terminated upon placing an order or refraining from placing it.
The agreement for the provision of the Product enquiry service is concluded for a definite period at the moment of starting to use this option and is terminated upon using it or refraining from doing so.
The agreement for the provision of the Product review service is concluded for a definite period at the moment of starting to use the review form and is terminated upon using it or refraining from doing so. It is prohibited to post content that is unlawful, contrary to good practice, or that harms the Seller's interests or the provisions of the Terms of Service. The Seller is entitled to moderate reviews that breach the Terms of Service.
The Seller allows reviews of Products to be added by all Store users and does not verify whether a review comes from a Customer who purchased the given Product, of which it informs in accordance with applicable consumer-rights legislation.
The agreement for the provision of the Product rating service is concluded for a definite period at the moment of starting to use the Store and covers the possibility of rating Products on a scale from 1 to 5 stars.
The agreement for the provision of the Customer Account service is concluded for an indefinite period upon registration of the Customer Account.
The agreement for the provision of the Newsletter service is concluded for an indefinite period upon the Customer receiving confirmation of the conclusion of the agreement at their e-mail address. The subject of the service is the sending of messages containing information about the Seller's Products or Electronic Services. The agreement may be terminated using the unsubscribe link included in every Newsletter message.
The agreement for the provision of the Product recommendation service is concluded for a definite period at the moment of starting to use the recommendation form and is terminated upon using it or refraining from doing so.
The agreement for adding a Product to the wishlist is concluded for a definite period at the moment of starting to use this option and requires logging in to the Customer Account. It covers the temporary saving of a Product in the memory of the Customer Account.
An agreement for the provision of a free Electronic Service may be terminated by the Customer or the Seller without giving a reason and at any time, using the functionalities described in the Terms of Service or by an e-mail message sent to the address included in the Seller's Contact Details or the Customer's Contact Details.

§6 Orders

Orders for Products may be placed through the Store's website 7 days a week and 24 hours a day, using the Cart function.
After compiling the list of ordered Products, the Customer specifies within the Cart: the method of Delivery, the method of payment, the Delivery address, and the data for issuing a VAT invoice if placing the order as an entrepreneur.
Before placing an order, the Customer receives, by way of a display within the Cart, information about the total price of the order together with taxes and ancillary costs, in particular the costs of Delivery and payment.
A Customer logged in to the Customer Account proceeds directly to the next stage of placing the order.
A Customer who is not logged in selects the method of placing the order by using the button: "Register" (registration of a Customer Account), "Sign in" (use of an existing Customer Account) or "Place an order" (purchase without a Customer Account).
The order is placed by using the "Confirm purchase" field in the Cart and is equivalent to the Customer submitting to the Seller an offer to conclude a Sales Agreement for the Products included in the order.
An order that has been placed may be changed by the Customer until the Customer receives information that the shipment has been dispatched by the Seller. The change may cover the cancellation of all or part of the order, its extension by additional Products, or a change of the Delivery address.
The Seller will promptly inform the Customer of any inability to fulfil the order, by telephone or electronically. The information may include a proposal to: cancel the part that cannot be fulfilled (with recalculation of the order value), split the Delivery into parts (without recalculating the order value), or cancel the order in full (with cancellation of the order value and refund of payments made).
Confirmation of acceptance of the order takes place by the Seller sending an e-mail message to the address indicated in the Customer's Contact Details and is equivalent to acceptance of the offer to conclude the Sales Agreement submitted by the Customer.

§7 Sale and Delivery

The Seller provides Customers with a distance Product sales service, through the Store.
The subject of the Sales Agreement covers the Seller's obligation to transfer ownership of the Products to the Customer and to release them, and the Customer's obligation to collect the Products and pay the price.
The Seller reserves the right to run promotional campaigns consisting of reducing the price of a Product until a specified date or until the stock of Products covered by the promotion is exhausted. In the event of a price reduction, the Seller informs of the lowest price of the Product in force during the 30 days preceding the introduction of the reduction.
The Seller undertakes to Deliver Products that are in conformity with the Agreement.
The Sales Agreement is concluded upon the Seller's confirmation of acceptance of the Customer's order.
Release of the Products takes place promptly, usually within 1 Business Day, and no later than within 30 days of the conclusion of the Agreement. This period does not apply to personalised products created to the Customer's individual order. The release time of individual Products is indicated within their description and may change if the order is amended by the Customer.
Release of the Products takes place: (a) via a Carrier, to the address provided by the Customer, in the case of the Delivery option; or (b) by personal collection at ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland, on Business Days from 9:00 a.m. to 6:00 p.m.
Release of the Products takes place: (a) promptly after funds are credited to the Seller's bank account — for payment by transfer; (b) simultaneously with acceptance of payment — for personal collection; (c) promptly after the receipt of payment is confirmed in the External Payment System; (d) promptly — where cash-on-delivery is chosen; (e) at the moment the Products are entrusted to the Carrier, if the Seller had no influence on the Consumer's choice of Carrier.
The Seller confirms the release of the Products to the Carrier by sending an e-mail message to the Customer's e-mail address.
The risk of accidental loss of or damage to the item passes to the Consumer upon its release to the Consumer.
We recommend inspecting the delivered shipment in the presence of the Carrier. If damage to the shipment is found, the Customer has the right to request that an appropriate report be drawn up, which will facilitate the handling of any complaint, although this is not a condition for submitting a complaint.

§8 Payments

The value of the payment for the Sale is determined on the basis of the Product price list on the Store's website at the time of the order. The prices shown next to Products are gross prices displayed in the currency selected by the Customer and include VAT where applicable to the delivery destination; they do not include the costs of Delivery or of the chosen payment method. For deliveries outside the European Union, import duties and taxes may apply in the destination country and are borne by the Customer in accordance with local regulations.
The costs of the transaction and of the Delivery of the Product are borne by the Customer, in the amount indicated in the Cart before the order is placed.
The total price of the order, visible in the Cart before the order is placed, covers the price of the Products together with taxes and any ancillary costs, in particular the costs of Delivery and the transaction. The total price of the order is binding on the Seller and the Customer.
The Store allows the following methods of payment: (a) cash on personal collection; (b) transfer to the Seller's bank account; (c) via the External Payment System (including payment card, Google Pay and PayPal); (d) cash on cash-on-delivery collection from the Carrier.
The Store enables payment using the "Pay for the order" button after the order has been placed.
The due date for amounts paid in cash falls at the moment of release of the Product. Amounts paid by transfer must be paid before the Product is released.
A receipt or VAT invoice is attached to the released Products or sent by e-mail message to the Customer's address, depending on the Customer's wishes. The Customer consents to receiving invoices in electronic form.
A refund by the Seller takes place promptly, no later than within 14 days of the date on which the cause arose, in the event of: (a) withdrawal from the Agreement by the Consumer; (b) the Customer's cancellation of an order or part of it paid before fulfilment; (c) recognition of a claim covered by a complaint in whole or in part.
The refund is made using the same method of payment that the Customer used in the original transaction, unless the Customer expressly agrees to another solution that does not involve any costs for them.
The Seller is not obliged to refund additional Delivery costs where the Customer chose a Delivery method other than the cheapest ordinary method offered by the Seller.

§9 Complaints — conformity of the Product with the Agreement

The Seller is liable towards the Consumer and the Entrepreneur with consumer rights for any lack of conformity of the Product with the Agreement, on the terms set out in the applicable Polish consumer-rights legislation.
The Seller is liable for a lack of conformity of the Product with the Agreement existing at the time of its Delivery and revealed within 2 years of that moment. A lack of conformity that becomes apparent before the expiry of 2 years from Delivery is presumed to have existed at the time of Delivery, unless proven otherwise or unless this presumption is incompatible with the specific nature of the Product or the nature of the lack of conformity.
Complaints may be submitted in writing to the address indicated in the Seller's Contact Details or by e-mail to info@rallymerchandise.eu. The report should include a description of the problem, the Customer's identifying data, and the Customer's Contact Details, which will be used to provide a reply.
If the Product is not in conformity with the Agreement, the Customer may request its repair or replacement. The Seller may carry out a replacement where the Customer requests repair, or a repair where the Customer requests replacement, if bringing the Product into conformity with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs for the Seller.
The Seller carries out the repair or replacement within a reasonable time and without significant inconvenience to the Customer, at its own expense. The Customer makes the Product subject to repair or replacement available to the Seller; the Seller collects the Product at its own expense.
The Customer may submit a declaration on price reduction or withdrawal from the Agreement where: (a) the Seller refused to bring the Product into conformity with the Agreement or failed to do so; (b) the lack of conformity persists despite an attempt at repair or replacement; (c) the lack of conformity is so significant that it justifies an immediate price reduction or withdrawal; (d) it is clear from the Seller's statement or the circumstances that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without significant inconvenience.
The reduced price must remain in such proportion to the contractual price as the value of the non-conforming Product bears to the value of the conforming Product. The Customer may not withdraw from the Agreement if the lack of conformity is insignificant.
The Seller responds to a complaint within 14 days of the date of its receipt. Failure to respond within this period means that the complaint is deemed accepted.
In the case of Customers who are neither Consumers nor Entrepreneurs with consumer rights, the Seller's liability under warranty is governed by the provisions of the Civil Code, whereby the Seller may refuse replacement or repair where the costs of satisfying this obligation exceed the price of the sold Product.
The Consumer may use out-of-court methods of handling complaints and pursuing claims, including: (a) an application to resolve a dispute to a permanent amicable consumer court; (b) an application to initiate mediation proceedings; (c) the assistance of a district or municipal consumer ombudsman or a social organisation whose tasks include consumer protection. A Consumer resident in the European Union may also use the EU Online Dispute Resolution (ODR) platform available at ec.europa.eu/consumers/odr.
Products may be covered by a manufacturer's or distributor's warranty. Rights under the warranty are exercised in accordance with the terms set out in the warranty document, independently of the rights arising from the lack of conformity of the Product with the Agreement. A complaint may be submitted to the guarantor via the Seller or directly.

§10 Withdrawal from the Agreement

A Consumer and an Entrepreneur with consumer rights may, without giving a reason, withdraw within 14 days from an Agreement for the provision of an Electronic Service, including a Sales Agreement, subject to the rules set out in the withdrawal notice constituting an appendix to these Terms of Service.
The right of withdrawal does not apply, among others, to a Sales Agreement for: (a) a non-prefabricated Product manufactured to the Customer's specification or serving to satisfy their individualised needs (personalised products); (b) a Product delivered in a sealed package which, once opened, cannot be returned for reasons of health protection or hygiene; (c) Products which, after Delivery, due to their nature, become inseparably combined with other items; (d) tickets and passes for sporting events with a specified day or period of service.
A declaration of withdrawal may be submitted by e-mail to info@rallymerchandise.eu or by using the electronic returns wizard available on the Rules on returns page. The model withdrawal form constituting an appendix to the Terms of Service may be used, but this is not obligatory.
In the event of receiving a declaration of withdrawal by electronic means, the Seller will promptly send the Customer a confirmation of its receipt.
Promptly, and no later than within 14 days of the date of withdrawal, the Customer is obliged to return the Product to the Seller or hand it over to a person authorised by the Seller. To meet the deadline, it is sufficient to send the Product back before its expiry. This does not apply to a situation in which the Seller has offered to collect the Product itself.
The Customer bears the direct cost of returning the Product. The Customer arranges and pays for return shipping themselves, using the carrier of their choice; the Seller does not provide a prepaid return label. Where, due to its nature, the Product cannot be returned by ordinary post, the cost of return may amount to no more than approximately EUR 25.
The Customer is liable only for any diminished value of the Product resulting from using it in a manner going beyond what was necessary to establish the nature, characteristics and functioning of the Product (in accordance with applicable consumer-rights legislation). If the returned Product shows signs of such use (e.g. signs of wear, missing tags), the Seller will accept the return but may reduce the refunded amount accordingly.
In the event of withdrawal from the Sales Agreement, it is deemed not to have been concluded. If the Customer submitted a declaration of withdrawal before the Seller accepted their offer, the offer ceases to be binding.
Detailed information on exercising the right of withdrawal is set out in the notice constituting an appendix to the Terms of Service.

§11 Supplementary provisions

All Products in the Store are brand new, have been legally placed on the market, and hold the certificates required by their manufacturers or importers.
Product photographs may differ slightly from the actual appearance, which does not affect their functionality or usage parameters.
Trademarks, graphic elements and photographs placed on the Store's website for the purpose of presenting Products are subject to the rights of their owners. The Store's domain, its logos, name and Terms of Service are subject to legal protection.
The Customer is prohibited from supplying unlawful content.
The Seller makes due efforts to ensure the proper functioning of the Store and provides assistance in resolving technical problems related to its operation.
The Seller takes measures to protect the data in the Customer Account against unauthorised access. The Customer is responsible for the consequences of disclosing their login or password to third parties.
The Seller's liability towards Customers who are not Consumers, arising from the Electronic Services provided, is limited to the value of the amounts due for the service provided.
The Seller is not liable for: (a) interruptions in the functioning of the Store caused by force majeure; (b) interruptions and improper performance of Services towards Customers who are not Consumers, caused by technical activities or reasons attributable to third parties; (c) lost profits of a Customer who is not a Consumer; (d) the consequences of the use of the Customer Account access data by third parties who came into their possession as a result of the Customer's breach of the Terms of Service.

§12 Final provisions

The Store uses cookies. The rules for their use, including the management of consents to individual categories of cookies, are described in the Privacy Policy and in the consent notice displayed on the first visit to the Store's website.
By concluding an Agreement for the provision of an Electronic Service, the Customer authorises the Seller to send to the Customer's Contact Details information relating to Agreements and their performance, and commercial information only where separate consent has been given for this.
A Customer who is not a Consumer is obliged to inform the Seller of changes to the Customer's Contact Details, failing which they will be deemed effective for the purposes of delivery.
The Seller reserves the right to carry out maintenance work on the Store's ICT system. The Seller will provide information about planned interruptions lasting longer than 24 hours on the Store's website.
The Seller may terminate the provision of free Electronic Services of a continuous nature (including the maintenance of a Customer Account) subject to a 14-day notice period, sent to the Customer's Contact Details. Termination of the provision of services does not infringe the Customer's rights arising from concluded Sales Agreements.
Amendments to the Terms of Service are made by publishing the new content on the Store's website, with information about this being provided no later than 14 days before the date on which the new content takes effect. Orders placed before the date on which the amendments take effect are fulfilled on the basis of the Terms of Service in force on the date the order was placed.
In matters not regulated by the Terms of Service, the provisions of Polish law apply, in particular the Civil Code and the Act on Consumer Rights, as well as the law of the European Union, in particular the GDPR.
The Terms of Service enter into force on the date of their publication on the Store's website.

Appendix No. 1 — Notice of withdrawal from the contract

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day:

on which you came into possession of the goods, or on which a third party other than the carrier and indicated by you came into possession of the goods — in the case of a contract obliging the transfer of ownership of the goods;
on which you came into possession of the last of the goods — in the case of a contract covering multiple goods delivered separately;
on which you came into possession of the last lot or part — in the case of a contract covering goods delivered in lots or parts;
on which you came into possession of the first of the goods — in the case of contracts for the regular delivery of goods for a fixed period;
of conclusion of the contract — in the case of contracts for the provision of services.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

To exercise the right of withdrawal, you must inform us — Top Racing Shop sp. z o.o., ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland, e-mail: info@rallymerchandise.eu — of your decision by an unequivocal statement (for example, a letter sent by post or e-mail). You may use the model withdrawal form, but this is not obligatory.

Effects of withdrawal

In the event of withdrawal from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (except for the additional costs resulting from your choice of a type of delivery other than the cheapest ordinary type of delivery offered by us), promptly and in any event no later than 14 days from the day on which we are informed of your decision. We will make the reimbursement using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

Please send back or hand over the goods to us at the address: Top Racing Shop sp. z o.o., ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland, promptly and in any event no later than 14 days from the day on which you inform us of the withdrawal. The deadline is met if you send back the goods before the 14-day period has expired. You will have to bear the direct cost of returning the goods. If, due to its nature, the item cannot normally be returned by post, these costs are estimated at a maximum of approximately EUR 25.

You are responsible only for any diminished value of the goods resulting from handling them other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

The right to withdraw from a distance contract does not apply to the consumer, among others, in respect of contracts:

for the provision of services, if the trader has fully performed the service with the consumer's express consent, the consumer having been informed before the service began that they would lose the right of withdrawal;
where the price depends on fluctuations in the financial market over which the trader has no control;
where the subject of the service is a non-prefabricated item manufactured to the consumer's specification or serving to satisfy their individualised needs;
where the subject of the service is an item liable to deteriorate rapidly or with a short use-by date;
where the subject of the service is an item delivered in a sealed package which, once opened, cannot be returned for reasons of health protection or hygiene;
where the subject of the service is items which, after delivery, become inseparably combined with other items;
for services related to entertainment, sporting or cultural events, if the contract specifies a day or period of service (including tickets and passes for sporting events);
where the consumer expressly requested the trader to visit for the purpose of urgent repair or maintenance;
where the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;
concluded by public auction;
for the provision of accommodation, transport of goods, car rental, catering or leisure-related services, if the contract specifies a day or period of service;
for the delivery of digital content not supplied on a tangible medium, if performance began with the consumer's express consent before the end of the withdrawal period.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: Top Racing Shop sp. z o.o., ul. Powstańców Śląskich 127, 01-355 Warsaw, Poland, e-mail: info@rallymerchandise.eu
I/We(*) hereby give notice that I/We(*) withdraw from the contract of sale of the following goods: …
Date of conclusion of the contract(*)/receipt(*): …
Name of consumer(s): …
Address of consumer(s): …
Signature of consumer(s) (only if this form is submitted on paper): …
Date: …
(*) Delete as appropriate.