Website Terms and Conditions

TABLE OF CONTENTS:

  1. PRELIMINARY PROVISIONS
  2. GENERAL TERMS OF USE OF THE WEBSITE
  3. ELECTRONIC SERVICES IN THE WEBSITE
  4. CONTACT FORM
  5. WARRANTY CLAIM SUBMISSION PANEL (RMA PANEL)
  6. BLOG (NEWS)
  7. CONTACT US
  8. COMPLAINTS REGARDING THE WEBSITE
  9. OUT-OF-COURT METHODS OF RESOLVING DISPUTES AND PURSUING CLAIMS
  10. STATUTORY RIGHT OF WITHDRAWAL
  11. PROVISIONS FOR ENTREPRENEURS
  12. TECHNICAL BREAKS AND FAILURES
  13. COPYRIGHTS TO THE WEBSITE
  14. ILLEGAL CONTENT AND OTHER PROHIBITED CONTENT
  15. FINAL PROVISIONS

Thank you for visiting our website available at https://www.speeder.com.pl (hereinafter referred to as the “Website” or the “Service”).

This Terms of Service outlines the general rules and conditions for using the Website. These terms govern the use of the functionalities and resources of the Website, including our liability conditions.

We invite you to familiarize yourself with these terms,

The speeder.com.pl Team

1) PRELIMINARY PROVISIONS

  1. The owner of the Website is Dariusz Chmielewski conducting business under the name SPEEDER DARIUSZ CHMIELEWSKI, registered in the Central Registration and Information on Business of the Republic of Poland, maintained by the Minister responsible for the economy, with the following details: business address and correspondence address: ul. Polna 29, 62-095 Murowana Goślina, NIP 8541060093, REGON 810394680, email address: biuro@speeder.com.pl, contact phone number: +48 61 670-4047 (hereinafter referred to as the “Service Provider”).
  2. This Terms of Service and all provisions contained herein apply to and are binding on all persons using the Website, unless a specific provision states otherwise. These provisions are not intended to exclude or limit any consumer or quasi-consumer rights granted by mandatory provisions of law. In the event of a conflict between the provisions of this Terms of Service and such mandatory provisions, the latter shall prevail.
  3. This Terms of Service constitutes the terms of service within the meaning of Article 8 of the Polish Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204 as amended). Its purpose is to define the terms of use of the Electronic Services available on the Website. The Terms do not cover warranty conditions or liabilities of the guarantor for the Products but provide information on submitting warranty claims to the Service Provider and handling them by the Service Provider. Warranty conditions can be found in the relevant Warranty Card attached to the Product.
  4. The terms used in this Terms of Service have the following meanings:
  1. BLOG – An Electronic Service, an online blog available on the Website and maintained by the Service Provider for all visitors.
  2. CONTACT FORM – An Electronic Service, an interactive form available on the Website, enabling Users to send messages directly to the Service Provider.
  3. CIVIL CODE – The Polish Act of April 23, 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended).
  4. CONSUMER – A natural person for whom the use of the Website is not directly related to their business or professional activity.
  5. RMA PANEL – An Electronic Service, an interactive module enabling the User to submit warranty claims.
  6. COPYRIGHT – The Polish Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended).
  7. PRODUCT – Goods covered by a warranty, which the Service Provider has been contracted to handle under separate agreements.
  8. QUASI-CONSUMER – A natural person whose use of the Website is directly related to their business activity, where the circumstances indicate that it does not have a professional nature for this person, particularly based on the scope of their business activity disclosed in the CEIDG (Central Registration and Information on Business).
  9. TERMS OF SERVICE – This Terms of Service document for the Website.
  10. WEBSITE, SERVICE – The website maintained by the Service Provider and available at https://www.speeder.com.pl.
  11. ELECTRONIC SERVICE – A service provided electronically by the Service Provider to the User through the Website in accordance with these Terms of Service.
  12. SERVICE PROVIDER – Dariusz Chmielewski conducting business under the name SPEEDER DARIUSZ CHMIELEWSKI, registered in the Central Registration and Information on Business of the Republic of Poland, with the following details: business address and correspondence address: ul. Polna 29, 62-095 Murowana Goślina, NIP 8541060093, REGON 810394680, email address: biuro@speeder.com.pl, contact phone number: +48 61 670-4047.
  13. ACT ON CONSUMER RIGHTS – The Polish Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended).
  14. USER – (1) A natural person conducting business or professional activity (not acting as a consumer in this case); (2) A legal entity; or (3) An organizational unit without legal personality, which has legal capacity under the law, using or intending to use the Website and its Electronic Services.

2) GENERAL TERMS OF USE OF THE WEBSITE

  1. All advertisements, price lists, catalogs, and other information about the Products on the Website are for informational purposes only and do not constitute an offer as defined by Article 66 § 1 of the Polish Civil Code. A sales contract may only be concluded in one of the Service Provider’s sales offices, through a separate B2B order submission page, or remotely after contacting the Service Provider, for example, following a query submitted via the Contact Form.
  2. The User is obliged to use the Website in a manner consistent with its intended purpose, subject matter, and these Terms of Service, particularly in compliance with applicable laws, social norms, and good practices, respecting the personal rights and intellectual property of the Service Provider, other Users, and third parties.
  3. The User is required to provide accurate information. It is prohibited to provide unlawful content via the Website, including unsolicited commercial information (spam). The User must not take actions intended to disrupt the proper functioning of the Website or its functionalities.
  4. To use the Website properly, the User must meet the following technical requirements: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to an email account; (3) an up-to-date web browser such as Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge; and (4) enabled cookies and JavaScript in the browser.
  5. The Service Provider adheres to Article 6 of the Digital Services Act, stating: When providing an information society service that involves storing information supplied by a service recipient, the service provider is not liable for stored information, provided that the provider: a) has no actual knowledge of illegal activities or content, or regarding compensation claims, has no awareness of facts or circumstances clearly indicating illegal activities or content; or b) promptly takes appropriate actions to remove or disable access to illegal content upon gaining such knowledge or notice.
  6. Using the Website involves standard risks inherent to the Internet. A primary risk for all Users, including those using Electronic Services, is the possibility of infection of their IT system by malicious software. To avoid such risks, the Service Provider recommends that all Users equip their devices with antivirus software and keep it updated regularly.
  7. The administrator of personal data processed in connection with the use of the Website is the Service Provider. Personal data is processed for purposes, durations, and based on principles indicated in the privacy policy published on the Website. The privacy policy outlines the rules for processing personal data by the Service Provider on the Website, including the basis, purposes, and duration of data processing, as well as the rights of data subjects and information about cookies and analytical tools used on the Website. Using the Website is voluntary, as is the provision of personal data by Users, subject to exceptions specified in the privacy policy (e.g., using Electronic Services or fulfilling statutory obligations).

3) ELECTRONIC SERVICES IN THE WEBSITE

  1. All Users may use the Electronic Services under the conditions specified in the Terms of Service.
  2. Using the Electronic Services is free of charge.
  3. The Service Provider provides the following Electronic Services to Users:
    a. CONTACT FORM
    b. WARRANTY CLAIM SUBMISSION PANEL (RMA PANEL).
    c. BLOG
  4. A detailed description of the Electronic Services and their operation is available in these Terms of Service and on the Website pages.
  5. All information, content, and data submitted, stored, distributed, or shared by the User via the Website must be reliable, lawful, and truthful. It is prohibited to send content that violates netiquette, offensive or vulgar content, content promoting hate, racism, or xenophobia, as well as false or misleading information. Advertising or promoting other websites, companies, products, and services, especially those competitive to the Service Provider and its Website, is also prohibited.

4) CONTACT FORM

  1. The Contact Form allows submitting an inquiry about offers or other queries addressed to the Service Provider. The Contact Form does not allow placing orders but is only intended for inquiries or communication with the Service Provider.
  2. Using the Contact Form is possible by navigating to the “Contact” section on the Website. Sending a message via the Contact Form requires two steps by the User: (1) completing the Contact Form with mandatory data and (2) clicking the action button on the Website after completing the form. Until this point, the User may independently modify the entered data.
  3. The Electronic Service of the Contact Form is provided free of charge and is a one-time service that ends upon sending a message via the form or earlier discontinuation by the User. A message sent via the Contact Form is purely an inquiry and does not create any obligations for the User towards the Service Provider.

5) WARRANTY CLAIM SUBMISSION PANEL (RMA PANEL)

  1. The RMA Panel aims to efficiently handle warranty claims for Products covered by warranty repairs assigned to the Service Provider by relevant guarantors. The Service Provider is not the guarantor or seller of the Product; it only accepts repair orders based on agreements with the guarantors. End-users of the Product can submit warranty claims for their Products via the RMA Panel.
  2. The RMA Panel is not intended for submitting complaints regarding statutory warranty/conformity of the Product with the contract. Such complaints should be submitted directly to the seller of the Product.
  3. Warranty claims via the RMA Panel should be submitted in compliance with the warranty terms. The Warranty Card attached to the Product specifies possible claims related to the warranty of the given Product.
  4. The User is required to record a video or take photos illustrating the defect and email the prepared materials to serwis@speeder.com.pl. The email subject should include the claim number received when completing the form. The email should also attach a photo or scan of the purchase proof.
  5. The Service Provider will respond to the submitted claim in accordance with the conditions specified in the applicable Warranty Card or other relevant warranty terms of the guarantor.
  6. Information about claims submitted via the RMA Panel, their status, and the guarantor’s decision regarding the claim is displayed in the RMA Panel for the respective claim. Additionally, notifications about each status change and the guarantor’s decision are sent to the email address linked to the User’s Account.
  7. The Service Provider undertakes repairs or replacements, if justified, under the warranty conditions and the Product’s condition, within a reasonable time and without undue inconvenience to the claimant, considering the Product’s nature and purpose.
  8. The risk of accidental loss or damage to the Product between the time it is handed over to the time it is returned to the claimant under the warranty lies with the Service Provider/guarantor. After fulfilling the warranty rights, the Service Provider will return the Product to the claimant.
  9. Ownership of the Product or its parts returned or replaced under warranty rights passes to the Service Provider/guarantor.
  10. In case of non-conformity of the sold goods with the contract, the buyer is entitled to legal remedies from the seller at the seller’s expense. The warranty does not affect these legal remedies, particularly those under the statutory warranty for defects or non-conformity of the Product with the contract.

6) BLOG (NEWS)

  1. Accessing the Blog is possible by navigating to the “News” section on the Website. The Blog is available to all visitors without requiring any data submission or additional actions.
  2. Using the Blog is free of charge. The Blog is maintained by the Service Provider.
  3. Users may stop using the Blog at any time without providing reasons by simply closing the web browser.

7) CONTACT US

  1. The primary form of remote communication with the Service Provider is email (email address: biuro@speeder.com.pl) and the Contact Form, through which Users can exchange information with the Service Provider regarding the use of the Website. Users can also contact the Service Provider by other legally permissible means using the contact details provided at the beginning of these Terms of Service.

8) COMPLAINTS REGARDING THE WEBSITE

  1. The basis and scope of the Service Provider’s liability to the User for the operation of Electronic Services are determined by the applicable provisions of Polish law. The liability of the Service Provider to the User, when an Electronic Service is provided in a manner inconsistent with the agreement, is governed by the applicable provisions of Polish law, particularly the Civil Code, the Consumer Rights Act, or the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204, as amended). For complaints from Consumers or Quasi-Consumers concerning digital content or services, the provisions of the Consumer Rights Act, effective January 1, 2023, particularly Articles 43h–43q, apply.
  2. Complaints related to Electronic Services and other Website operations should be submitted to the Service Provider, for example, via email to biuro@speeder.com.pl.
  3. It is recommended that the User includes in their complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the irregularity; (2) the User’s expectations; and (3) the contact details of the complainant. These recommendations are optional and do not affect the effectiveness of complaints submitted without the recommended description.
  4. The Service Provider will address the User’s complaint promptly, no later than 14 calendar days from the date of its receipt.

9) OUT-OF-COURT METHODS OF RESOLVING DISPUTES AND PURSUING CLAIMS

  1. Alternative dispute resolution methods include: (1) facilitating rapprochement of parties’ positions, e.g., through mediation; (2) proposing dispute resolution, e.g., through conciliation; and (3) deciding and imposing a resolution on the parties, e.g., arbitration (arbitral tribunal). Detailed information about consumer access to out-of-court dispute resolution methods, and a directory of entities handling such resolutions, is available on the Polish Office of Competition and Consumer Protection’s website at https://polubowne.uokik.gov.pl/.
  2. The President of the Office of Competition and Consumer Protection also operates a contact point that provides consumers with information on consumer dispute resolution. The contact point can be reached: (1) by phone at 22 55 60 332 or 22 55 60 333; (2) via email at kontakt.adr@uokik.gov.pl; or (3) in writing or in person at the Office’s headquarters at plac Powstańców Warszawy 1, 00-030 Warsaw, Poland.
  3. Consumers have the following options for resolving disputes out of court: (1) submitting a dispute resolution application to a permanent consumer arbitration court; (2) filing a request for out-of-court dispute resolution with a provincial inspector of the Trade Inspection; and (3) seeking assistance from a municipal (district) consumer advocate or a consumer protection organization, such as the Consumers Federation or the Polish Consumers Association. Advice is provided via email at porady@dlakonsumentow.pl and by phone at the consumer hotline 801 440 220 (available weekdays from 8:00 AM to 6:00 PM, charged according to operator rates).
  4. The EU-level Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/odr. The ODR platform offers a multilingual, interactive website for consumers and traders seeking out-of-court resolutions of disputes concerning online contracts for sales or services. More information is available on the ODR platform’s website or the Polish Office of Competition and Consumer Protection’s website at https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html.

10) STATUTORY RIGHT OF WITHDRAWAL

  1. The provisions of this section 10 apply to distance contracts concluded between Consumers and the Service Provider.
  2. In accordance with Article 27 of the Consumer Rights Act, the Consumer may withdraw from a distance contract within 14 calendar days without giving any reason or incurring costs. However, the Service Provider indicates that no paid contracts are concluded with Consumers through the Website. Consumers may discontinue using the Website and Electronic Services at any time without incurring costs.
  3. To exercise the right of withdrawal, the Consumer must submit a withdrawal notice before the withdrawal period expires. The notice can be submitted using the Service Provider’s contact details provided at the beginning of these Terms of Service and in section 7. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act but is not mandatory for use.
  4. The right of withdrawal does not apply to, among others, service agreements where the Service Provider has fully performed the service with the Consumer’s explicit consent, who was informed before the service began that the right of withdrawal would be lost upon completion.
  5. For service contracts, the withdrawal period begins on the contract conclusion date.
  6. The provisions of this section 10 regarding Consumers also apply to Quasi-Consumers.

11) PROVISIONS FOR ENTREPRENEURS

  1. This section 11 of the Terms of Service applies exclusively to Users who are not Consumers or Quasi-Consumers.
  2. The Service Provider reserves the right to withdraw from a contract concluded with the User within 14 calendar days of its conclusion without providing any reason. Such withdrawal does not entitle the User to any claims against the Service Provider.
  3. The Service Provider has the right to terminate the agreement for the provision of Electronic Services with the User at any time and without providing any reason. Such termination does not entitle the User to any claims against the Service Provider.
  4. The Service Provider may at any time take actions to verify the accuracy, reliability, and precision of the information provided by the User, especially during claims submitted via the RMA Panel or messages sent via the Contact Form. For verification, the Service Provider may request scanned certificates, statements, or other necessary documents. During this verification process, the Service Provider may suspend the User’s Account and hold the processing of claims submitted through the RMA Panel.
  5. The Service Provider is not liable to the User for damages or failure to meet obligations caused by force majeure events (e.g., hacking attacks, natural disasters, pandemics, riots, wars, floods, fires, earthquakes, acts of executive or legislative authority, border closures) or other factors beyond the Service Provider’s control.
  6. The Service Provider’s liability to the User, regardless of its legal basis, is limited to the costs incurred by the User for using the Website over the last year, but no more than PLN 500.00 (five hundred zlotys). This limitation applies even if no paid contract was concluded with the Service Provider. The Service Provider is only liable for typical and actual damages foreseeable at the time of contract conclusion, excluding lost profits.
  7. All disputes between the Service Provider and the User shall be submitted to the court competent for the Service Provider’s registered office.

12) TECHNICAL BREAKS AND FAILURES

  1. The Service Provider takes due care to ensure the proper and uninterrupted operation of the Website. However, due to the complexity of the Website and its Electronic Services, as well as external factors beyond the Service Provider’s control (e.g., DDOS attacks), errors and technical failures may occur, limiting or preventing the Website’s functionality. In such cases, the Service Provider will take reasonable actions to minimize the adverse effects.
  2. The Service Provider promptly informs Users about any errors and technical failures, as well as the expected time for their resolution.
  3. In addition to errors and failures, other technical breaks may occur, during which the Service Provider performs maintenance or updates to the Website.
  4. The Service Provider schedules technical breaks to minimize inconvenience to Users, typically during low-traffic periods (e.g., at night) and only for the necessary time to perform required actions. Users will be informed in advance about planned technical breaks, including their expected duration.
  5. The Service Provider is not liable to Users for damages or failure to fulfill obligations due to errors, failures, or technical breaks described in this section. This provision does not limit Consumer or Quasi-Consumer rights under applicable law.

13) COPYRIGHTS TO THE WEBSITE

  1. Copyrights and intellectual property rights to the Website and its individual elements, including content, graphics, works, designs, and trademarks available within it, belong to the Service Provider or third parties and are protected under applicable copyright law and other legal provisions. Protection of the Website covers all forms of its expression.
  2. The Website should be treated as any other work protected by copyright. The User is not allowed to copy the Website, except as permitted by mandatory legal provisions. Users are also prohibited from modifying, adapting, translating, decoding, decompiling, disassembling, or attempting to determine the source code of the Website, except as permitted by mandatory legal provisions.
  3. Trademarks of the Service Provider and third parties must be used in accordance with applicable legal provisions.

14) ILLEGAL CONTENT AND OTHER PROHIBITED CONTENT

  1. This section includes provisions from the Digital Services Act regarding the Website and the Service Provider. Users must comply with these Terms of Service when submitting content to the Website.
  2. CONTACT POINT – The Service Provider designates biuro@speeder.com.pl as the single contact point for communication with state authorities, the European Commission, and the Digital Services Council. This contact point also enables quick and user-friendly communication between Website Users and the Service Provider. Communication languages are Polish and English.
  3. Procedure for Reporting Illegal Content under Article 16 of the Digital Services Act:
    a. Any person or entity may report illegal content to the Service Provider by email at biuro@speeder.com.pl.
    b. Reports should be sufficiently specific and justified. Reports must include the following elements: (1) a reasoned explanation of why the reported content is considered illegal; (2) a precise electronic location of the content (e.g., exact URL); (3) the reporter’s name and email address (except for certain crimes outlined in EU Directive 2011/93); and (4) a statement of good faith.
  4. The Service Provider processes all reports diligently and objectively. If automated tools are used to assess reports, the User will be informed.
  5. Users submitting reports have access to appeal mechanisms for decisions regarding reported content.

15) FINAL PROVISIONS

  1. The communication language between the Service Provider and Users is Polish.
  2. The Service Provider reserves the right to amend these Terms of Service for valid reasons, including legal or regulatory changes, changes in the scope or nature of provided services, or cybersecurity requirements.
  3. Matters not covered by these Terms are governed by applicable Polish law, including the Civil Code, the Act on Providing Services by Electronic Means, and the Consumer Rights Act.
  4. These Terms do not exclude Consumer protection laws applicable in the User’s country of residence.
  5. Thank you for reading! Feel free to contact us with any questions.

We invite you to use our services,

The speeder.com.pl Team