The conclusion of the contract between the Buyer and the Seller may take place in two ways.
Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations. The negotiations should be conducted in writing and sent to the address of the Seller Patrick Hansen Racing NIP: PL 6222828435 Ul. Boguszowicka 13D 44-203 Rybnik
Postal address – name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and real estate number), zip code and city.
Complaint address: Patrick Hansen Racing NIP: PL 6222828435 Ul. Boguszowicka 13D 44-203 Rybnik, email: phracing2810@gmail.com, phone: 730-390-552
Delivery price list – a list of the available types of delivery and their costs at phracing2810@gmail.com
Contact details: Patrick Hansen Racing NIP: PL 6222828435 Ul. Boguszowicka 13D 44-203 Rybnik, email: phracing2810@gmail.com, phone: 730-390-552
Delivery – the type of transport service along with the specification of the carrier and the cost, listed in the delivery price list at https://patrickhansen124.com
Proof of purchase – an invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card – a single subpage of the store containing information about a single product.
Customer – an adult natural person with full legal capacity, a legal person or anorganizational unit without legal personality but having legal capacity, making a purchasefrom the Seller directly related to its business or professional activity,
Civil Code – the Civil Code Act of April 23, 1964, as amended.
Consumer – an adult natural person with full legal capacity, making a purchase from theSeller not related directly to its business or professional activity.
Cart – a list of products made of the products offered in the store, based on the Buyer’s choices.
Buyer – both the Consumer and the Customer.
Place of issue of goods – postal address or collection point indicated in the order by the Buyer.
Time of handing over the item – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
Payment – method of payment for the subject of the contract and delivery, listed at https://patrickhansen124.com
Consumer law – the Consumer Rights Act of May 30, 2014.
Product – the minimum and indivisible number of items that may be the subject of the order, and which is given in the Seller’s store as a unit of measure when determining its price (price / unit).
Subject of the contract – products and delivery that are the subject of the contract.
Subject of the service – subject of the contract.
Collection point – the place of delivery of the item, which is not a postal address, listed in the statement provided by the Seller in the store.
Item – a movable item that may be or is the subject of the contract.
Store – website available at https://patrickhansen124.com through which the Buyer may place an order.
Seller: Patrick Hansen Racing NIP: PL 6222828435 Ul. Boguszowicka 13D 44-203 Rybnik KONTO BANKOWE: WYPEŁNIĆ
System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
Completion date – the number of hours or days for the execution of the order specified on the product card.
Contract – a contract for the sale of goods concluded by the Buyers.
Defect – both a physical defect and a legal defect.
Physical defect – non-compliance of the item sold with the contract, in particular if the item:
it does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
does not have properties that the Seller has provided to the Consumer,
it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;
was delivered to the Consumer incomplete;
in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, he could not know or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
Legal defect – a situation where the sold item is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
Order – Buyer’s declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; the place of delivery of the goods, the Buyer’s data and aiming directly at the conclusion of the contract between the Buyer and the Seller.
§2 General conditions
The Seller provides services in accordance with the Regulations and the provisions of generally applicable law. The contract is concluded in Polish, in accordance with Polish law and these regulations.
The place of handing over the item must be on the territory of the Republic of Poland.
The seller is obliged and undertakes to provide services and deliver goods free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery. The buyer is obliged to cover the shipping costs of the subject of the contract. These costs will be determined according to the currently applicable tariff of the operator whose services are used by the Seller and provided just before the Buyer places the order.
All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
Confirmation, disclosure, consolidation, security of all material provisions of the contract in order to gain access to this information in the future takes the form of:
order confirmation by sending to the indicated e-mail address: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to download the regulations and the withdrawal template;
attach to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
The seller informs about the known guarantees granted by third parties for products in the store.
The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
The Seller provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal image above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the https://patrickhansen124.com store, disable them all.
The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer can view, correct, update data and delete the account in the store at any time.
The buyer is obliged to:
not to provide or transmit unlawful content, including content that is prohibited by law, which promotes violence, is defamatory or violates personal rights and other rights of third parties,
use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
use the store in a way that is not inconvenient for other Buyers and for the Seller,
use of any content included in the store only for personal use,
use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.
The Buyer may subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the selected e-mail address. The Newsletter service is free and provided for an indefinite period. The Buyer may at any time withdraw consent to the sending of the Newsletter by sending to the Seller a request to remove him from the list of subscribers.
§3 Conclusion of the contract and implementation
Orders can be placed 24 hours a day.
The order fulfillment date is specified on the product card and is a maximum of 30 days. For orders consisting of many products, the time for completing the entire order is the same as on the product card with the longest completion date.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
adding a product to the basket;
choosing the type of delivery;
choosing the type of payment;
choosing the place of handing over the item
placing an order in the store by clicking the “Order and pay” button.
The conclusion of the contract with the consumer takes place when the order is placed by clicking the “Order and pay” button.
The order fulfillment period runs for the Consumer as regards the order payable on delivery from the date of placing the order, and the order payable by bank transfer or via the electronic payment system from the receipt of the Consumer’s payment on the Seller’s account, which should take place within 30 days of placing the order, unless the Consumer does not was able to fulfill the services through no fault of his own and informed the Seller about it.
The conclusion of the contract with the Customer takes place upon the acceptance of the order by the Seller, of which he informs the Customer within 48 hours of placing the order.
The deadline for completing the order of the Customer payable on delivery runs from the date of conclusion of the contract, and the order payable by bank transfer or via the electronic payment system from the date of conclusion of the contract and crediting th payment to the Seller’s account.
The execution of the Customer’s order may depend on the payment of all or part of the value of the order or obtaining a trade credit limit of at least the value of the order or the consent of the Seller to send the order on delivery (payable on delivery).
The purchased subject of the contract is, together with the sales document selected by the Buyer, sent with the type of delivery selected by the Buyer to the place of issue of the item indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.
§4 The right to withdraw from a distance contract
The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 (cost of delivering items other than the cheapest standard delivery method offered by the Seller), art. 34 sec. 2 (direct costs of returning items) of the Consumer Law.
The consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the goods. In order to meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
To exercise the right to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post to the complaint address or a message sent by e-mail to the following email address: phracing2810@gmail.com). The declaration of withdrawal from the contract may be submitted by the Consumer, for example, on the form, the specimen of which is Annex 2 to the Consumer Law, or on the form available at https://patrickhansen124.com. The consumer may use the model withdrawal form, but it is not obligatory.
The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if provided in the submitted statement) receipt of the declaration of withdrawal from the contract.
In the event of withdrawal from the contract, the contract is considered void.
The consumer returns or transfers the item to the Seller to the Complaint Address, immediately, and in any case not later than 14 days from the date on which he informed the Seller about the withdrawal from this contract. The deadline is met if the Consumer sends back the item before the expiry of the 14-day period. Detailed instructions for returning items are available at patrickhansen124.com . In the event of a conflict of information between the data provided at the e-mail address indicated in the preceding sentence and these Regulations, these Regulations shall prevail.
The consumer bears the direct cost of returning the item. The consumer returns the items at his / her own risk.
The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent to the performance before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur does not has provided confirmation in accordance with Art. 15 sec. 1 and art. 21 paragraph 1. Consumer law.
The consumer is only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the exercise of the right to withdraw from this contract by the Consumer. The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
The reimbursement is made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case, the Consumer does not bear any fees in connection with the reimbursement of the payment.
The seller may withhold the reimbursement until receipt of the item or until proof of its return is provided to him, whichever occurs first.
The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
in which the consumer expressly demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
concluded through a public auction;
for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
§5 Warranty and Complaints
The Seller is liable to the Consumer under the terms of art. 556 and following of the Civil Code for defects (warranty).
In the event of a defect in the item purchased from the Seller or any other reservation regarding the method or date of performance of the obligation or other type of obligations by the Seller, the Buyer has the right to a complaint.
In order to initiate the complaint procedure for physical defects, the following steps should be taken:
Download the complaint form , print it and fill in: complaint_form.pdf
Pack the returned product in the original foil, with a complaint form and a receipt for the package.
Send the parcel by post or courier to our complaint address: Patrick Hansen Racing Ul. Boguszowicka 13D 44-203 Rybnik
After receiving the parcel, you will receive an e-mail confirming its receipt.
Other complaints should be submitted to the complaint address or e-mail address provided in the Seller’s contact details, specifying what the complaint relates to and what the entity composing it requires.
The complaint will be considered within 14 calendar days.
In the event of a justified complaint, the store will reimburse any transaction costs incurred by the Buyer.
Transaction costs are refunded by bank transfer.
Complaints regarding the difference in the appearance of the goods ordered and received, which result from the difference in the parameters of the Buyer’s monitor, in particular the difference in colors and shades, shall not constitute grounds for a complaint.
The seller is not responsible for the non-compliance of the consumer goods with the contract if the buyer knew about this non-compliance or, judging reasonably, should have known.
Complaints are not subject to:
natural wear and tear of the product
mechanical damage
apparent defects visible upon receipt of the package, and not reported immediately after their discovery
discoloration
getting wet
In the event that the Seller does not respond to:
statements about a request for a price reduction;
requests to replace the item with one free from defects;
defect removal request. -it is considered that the Seller considered the Consumer’s statement or request justified.
The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of sale is a second-hand item, within one year from the date of delivery of the item to the Consumer. If the subject of sale is a used movable item, the Seller’s liability under the warranty is limited to one year from the date of delivery of the item to the Consumer.
§6 Personal data
The administrator of personal data provided by the Buyer is the Seller.
The Buyer’s personal data is processed by the Seller as the personal data administrator on the basis of the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2019, item 1781, as amended) and Regulation of the European Parliament and of the Council (EU) 2016 / 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection; Official Journal EU L No. 119 , page 1; hereinafter referred to as the Regulation) for the purposes of:
saving data in the form of cookies, collecting data from the Store’s website – if the person using the Store has given separate consent to it on the terms set out in the Cookies Policy applicable on the Store’s website (in Article 6 (1) (a) of the Regulation) ,
conclusion and performance of the Seller’s Agreement with the Buyer (Article 6 (1) (b) of the Regulation),
consideration of complaints related to concluded contracts (Article 6 (1) (b) of the Regulation),
accepting and handling other than those specified in point (a) “B” and “c”, notifications and inquiries addressed to the Seller, which is the legitimate interest of the Seller referred to in Art. 6 sec. 1 lit. f of the Regulation,
accepting declarations of withdrawal from concluded distance sales contracts, in accordance with the provisions of these Regulations and the provisions of the Consumer Law, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
considering and pursuing claims, defending against them, as well as for the purpose of implementing out-of-court methods of dealing with complaints and redress, whic is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
enabling the use of electronic payments, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
monitoring the manner of using the services provided by the Buyers as part of the Store, in terms of compliance with the provisions of the Regulations, as well as developing the Store’s functionality, improving the operation of the services provided through it, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
for direct marketing purposes, including profiling, by selecting and displaying available Store Products, taking into account the activity and preferences of specific Buyers, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
conducting statistical analyzes, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
implementation of legal provisions in the field of tax and accounting regulations, in particular specified in the provisions of the Act of March 11, 2004 on tax on goods and services (VAT), the Act of February 15, 1992 on corporate income tax and the Act of September 29, 1994 on accounting, which is the legitimate interest of the Seller, referred to in art. 6 sec. 1 lit. c of the Regulation,
storing data for archiving purposes and for the purpose of demonstrating the correctness of compliance with the legal obligations incumbent on the Seller, which is the legitimate interest of the Seller referred to in art. 6 sec. 1 lit. f of the Regulation,
The Buyer may consent to receive commercial and marketing information from the Seller by electronic means, e.g. in the form of a Newsletter. In this case, personal data is processed by the Seller on the basis of consent – for purposes consistent with the content of the consent granted, including for commercial and marketing purposes. The data will then be processed on the basis of art. 6 sec. 1 lit. “A” of the Regulation.
The recipients of the Buyer’s personal data may be:
in the case of a Buyer who uses the Store’s method of delivery by post or courier, the selected carrier or intermediary carrying out shipments at the request of the Administrator.
in the case of a Buyer who uses the electronic payment method in the Store, the selected entity servicing the above payments in the Store.
subcontractors providing technical support for the Seller in running the Store, including entities providing hosting services, software providers for managing the Store, suppliers providing software for sending commercial correspondence by electronic means, marketing agencies, suppliers of diagnostic tools (e.g. related to traffic on the Store’s website), with whom the Seller has concluded the legally required contracts for entrusting the processing of personal data;
entities cooperating with the Seller in order to implement the Agreement in accordance with applicable law, i.e. attorneys-at-law, legal advisers, tax advisors, accountants with whom the Seller has concluded legally required contracts for entrusting the processing of personal data;
Personal data will be stored by the Seller for the duration of the Agreement and until its proper settlement, and moreover:
until the potential claims under the Agreement are time-barred; now the general limitation periods set out in Art. 118 of the Civil Code, they are 6 years and 3 years,
for the time necessary to consider the case in the scope of claims asserted by the Seller from the Buyer or by the Buyer from the Seller,
for the duration of the performance of obligations under the law,
for direct marketing purposes, including profiling – until you object to the processing of data for this purpose,
until the consent to the processing of data is withdrawn or its obsolescence (confirmed by the Seller) – if the data processing is based on consent.
The Buyer has the right to request the Seller to access his personal data, rectify them, delete or limit processing, or the right to object to the processing. The buyer also has the right to transfer data.
In the case of processing of personal data by the Seller in order to pursue legitimate interests (Article 6 (1) (f) of the Regulation), everyone has the right to object to the processing of data for reasons related to his particular situation.
The data processed in order to implement the legitimate interest of the Seller consisting in conducting direct marketing, including profiling, will be processed only until an objection to this type of processing is submitted. Everyone has the right to object to the processing of their personal data for the purposes of direct marketing, including profiling, at any time.
The Buyer has the right to withdraw consent to the processing of personal data at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
Everyone has the right to lodge a complaint with the President of the Personal Data Protection Office, located at ul. Stawki 2, 00-193 Warsaw, when he considers that the processing of his personal data violates the law.
Providing personal data by the Buyer is voluntary, but necessary for the conclusion and performance of the Agreement. Failure to provide personal data will prevent the conclusion and performance of the contract. This does not apply to data processing for commercial and marketing purposes, which is carried out only with voluntary consent.
The Buyer’s personal data will be processed in the form of analytical, sales and marketing profiling in order to adapt the materials sent by the Seller to the needs and interests of the Buyer and to make measurements that will allow the Seller to improve the services provided by him. Binding decisions are not automated.
Detailed rules for the collection, processing and storage of personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found at: patrickhansen124.com
§7 Final provisions
Nothing in these regulations is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
The current version of the regulations is always available to the Buyer in the regulations tab (https://patrickhansen124.com). During the execution of the order and throughout the entire period of after-sales care, the Buyer shall be bound by the regulations accepted by him when placing the order. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.
In matters not covered by these Regulations, generally applicable provisions of Polish law, in particular the Civil Code and Consumer Law, shall apply.
The Seller informs the Buyer about the possibility of using extrajudicial means of dealing with complaints about things by, inter alia, Submitting by the Buyer, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case before an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223 ). Information on the method of out-ofcourt dispute resolution is available at https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php . The list of Permanent Arbitration Courts is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court redress after the complaint procedure is completed is free of charge. In addition, the Seller provides an electronic link to the EU online platform for resolving disputes with consumers (ODR): http://ec.europa.eu/consumers/odr/ .
