Introductory provisions

 

The Regulations are these Regulations for the provision of electronic services on the fmic.pl website, which defines the conditions for the provision of Electronic Services by the Seller via the www.fmic.pl website to customers.

The Client is an entity that concludes a Service Agreement with the Seller, provided that it has the full legal capacity or limited legal capacity in cases regulated by generally applicable law or being a legal person or an organizational unit.

The Consumer is a customer who is a natural person and concludes an Agreement not directly related to his business or professional activity.

The Seller is the FMIC Performance sp. z o.o. , ul. Boczna 6/8/10 42-202 Częstochowa, KRS: 0000928706, NIP: 9492250893 and REGON: 520264908, a service provider, administrator, and owner of the Store.

The Store is an online store run by the Seller in Polish via a website available on the Internet at www.fmic.pl. The Store provides Electronic Services to Customers, including Sales.

The Electronic service is a service provided by the Seller to the Customer, based on an Agreement concluded between the parties via the Store, as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.

The shopping cart is a functionality of the Store that allows the Customer to complete orders for Products. The Product is added to the list of Products covered by the order by using the "Add to cart" button located next to the Product in the area of the Store's website.

Sale is a service provided by the Seller to the Customer for the sale of Products without the simultaneous presence of the parties (remotely), through the transmission of data at the Customer's individual request, sent and received using electronic processing devices, including digital compression, and data storage, which is in Entirely broadcast, received or transmitted over a telecommunications network.

The Contract is a contract for the provision of Electronic services by the Seller to the Customer.

The Seller's Contact Details are the details of the Seller, with the use of which the Customer may contact him, i.e. FMIC Performance sp.z o.o. , ul. Boczna 6/8/10 42-202 Częstochowa, phone: +48 793 593 993, e-mail address: tuning@fmic.pl.

The Customer's contact data is the Customer's data that the Seller may use to contact the Customer, including the address, e-mail address, and telephone number.

The Customer account is a panel that manages the Customer's orders, available in the Store area, subject to registration and logging in.

Registration is the creation of a Customer Account by the Customer using the Store's registration form on its website.

The Product is an item presented in the Store area by the Seller for the purpose of Sale.

Delivery is the delivery of Products to the Customer to the place of destination indicated by him, via the Carrier.

A Carrier is an entity that is a carrier that performs the activities of Delivering Products in cooperation with the Seller.

The External payment system is an online payment system used by the Seller.

Working Days are days from Monday to Friday, excluding public holidays.

§1 General terms and conditions of the contract

Seller pursuant to art. 8 sec. 1 point 1 of the Act of July 18, 2002 on the provision of electronic services, establishes the Regulations, which are available at the URL of the Store, in the following wording: www.fmic.pl.

The Seller provides Electronic services under the Regulations and the provisions of generally applicable law.

The Seller makes these Regulations available on the Store's website. Customers may at any time: gain access to the Regulations, record them, acquire and reproduce them by printing or saving on a data carrier.

The information provided on the Store's website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.

The provision of all Electronic Services takes place via the Store's website 24 hours a day, 7 days a week.

§2 Terms of Use & Registration

To use the Store, it is necessary for the Customer to have an information and communications technology device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Firefox, Safari or Opera, as well as an active and properly configured e-mail account.

The use of the Store takes place by introducing the content.

The management of the Customer's orders takes place via the Customer account. Using the Customer account is possible after its creation, using the correct login and password. In order to use the Customer Account, it is required to log in with a password.

The creation of a Customer account takes place through voluntary Registration, consisting in completing and sending the Seller the registration form, which is available in the area of the Store's website.

Filling out the registration form consists in filling in all mandatory and possibly optional fields of the form, using true, complete and customer-related data, in particular Customer contact data.

Before sending the registration form, by checking its appropriate box, the Customer should declare that:

- consents to the processing of his personal data provided in the registration form for the purpose of providing Electronic Services by the Seller,

- has read the Regulations and accepts their provisions.

Sending the registration form consists in sending it to the Seller via the Store, using the appropriate functionality in the area of the registration form.

§3 Providing free Electronic services

The Seller provides the following free Electronic services for Customers:

providing a contact form,

providing an order form,

introduction of an opinion about the Product,

maintaining a Customer account,

Newsletter,

Product recommendation,

adding the Product to your favorites.

The contract for the provision of the contact form service is concluded for a definite period of time when the contact form starts to be used and is terminated when the Customer uses it or fails to do so. The subject of this Agreement is to provide the contact form on the Store's website in order to send a message to the Seller.

The contract for the provision of the order form service is concluded for a definite period of time at the start of using the order form and is terminated when the order is placed or the Customer fails to submit it. The subject of this Agreement is to provide the order form on the Store's website in order to send the order to the Seller.

The contract for the provision of the service of entering opinions about the Product is concluded for a definite period of time at the start of using the form for entering the opinion about the Product and is terminated when the Customer uses it or abandons this activity. The subject of this Agreement is to provide an opinion form about the Product for the purpose of its introduction. The contract prohibits the Customer from posting illegal content, violating good manners, detrimental to the interests of the Seller or the provisions of the Regulations, and takes into account the Seller's right to moderate the entered opinions if they violate the provisions of the Regulations.

The contract for the provision of the Customer account service is concluded for an indefinite period at the time of Customer account registration. The subject of this Agreement is to provide a panel for managing the Customer's orders.

The contract for the provision of the Newsletter service is concluded for an indefinite period when the Customer receives the confirmation of the conclusion of the Agreement for the provision of the Newsletter service by the Seller to the e-mail address. The service is ordered by the Customer using the appropriate Newsletter activation field in the registration form or in another form provided by the Seller on the Store's website. The subject of this Agreement is the provision of the Seller to the Customer, consisting in sending to the e-mail address messages containing information about the Products or Electronic services provided by the Seller.

The contract for the provision of the Product Recommendations service is concluded for a definite period of time at the start of using the Product Recommendation form and is terminated when the Customer uses it or fails to do so. The scope of this Agreement includes providing the Product recommendation form in order to send a message about the Product to a third party indicated by the Customer.

The contract for adding a Product to your favorites is concluded for a definite period of time when you start using the option to add a Product to your favorites and is terminated when the Customer uses it or abandons this action. To conclude the Agreement, it is required to log in to the Customer account. The scope of this Agreement includes the provision of the so-called adding the Product to your favorites, i.e. temporarily saving the Product in the memory of the Customer account.

The contract 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 included in the Regulations or by e-mail sent to the e-mail address included in the Seller's Contact Details. 

§4 Orders

Orders for Products can be placed via the Store's website 7 days a week, 24 hours a day, using the Cart function. After completing the list of Product orders, in the Basket area, the Customer proceeds to the order.

If the Customer is a logged-in holder of a Customer Account, he proceeds to the next stage of placing the order as a logged-in Customer.

If the Customer is not a logged-in holder of the Customer Account, the Customer chooses the method of placing the order by using the button:

"Create an account" using the Customer Account that will be registered. Then the customer registers the customer account and uses it to proceed to the next stage of placing the order.

"Log in" using your Customer Account. Then the customer goes to the next stage of placing the order.

After choosing the method of placing the order, the Customer provides:

Data necessary to issue an invoice,

delivery information, including the Delivery address,

the method of Product Delivery by selecting the appropriate Delivery option,

method of payment, by selecting the appropriate payment option.

Placing an order is preceded by the Customer receives, by displaying in the Cart area, information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.

Placing an order may take place by using the "I confirm purchase" field in the Cart and is tantamount to the Customer submitting an offer to the Seller to conclude a Sales agreement for the Products included in the order.

Before sending the order form, by checking its appropriate box, the Customer should declare that he has read the Regulations and accepts its provisions.

The placed order may be changed by the Customer until the Seller receives information about the shipment.

Changing the order may include its cancellation, partial cancellation, extension with additional Products, change of the Delivery address.

The Seller shall immediately inform the Customer about the impossibility of executing the order in the event of any circumstances causing it. This information is provided by phone or electronically, using the Customer's Contact Details. The information may include the following methods of order modification:

cancellation of the part that is impossible to execute, which results in the conversion of the value of the order,

dividing the Products to be Delivered into a part for which Delivery is possible and a part that will be Delivered at a later date, which does not result in the conversion of the value of the order,

cancellation of the order in its entirety, which results in the cancellation of the value of the order.

Confirmation of the order is accepted by the Seller sending an e-mail to the e-mail address provided in the Customer's Contact Details. Confirmation of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.

§5 Sale

The Seller provides the Customers with the service of selling Products at a distance, via the Store.

The subject of the Sales Agreement includes the Seller's obligation to transfer the ownership of the Products to the Customer and release them, and the Customer's obligation to collect the Products and pay the Seller the price of the Products.

The Seller reserves the right to conduct promotional campaigns consisting in reducing the Product price until a specified date or until the stock of Products subject to promotion is exhausted.

By concluding the Sales Agreement, the Seller undertakes to provide the Customer with Products without defects.

The Sales Agreement is concluded upon confirmation of the Customer's order acceptance by the Seller.

The release of the Products for delivery takes place immediately and usually within 1 workday.

The time of delivery of the Products may change in the event of a change of the order by the Customer.

The Products are released when the Customer selects the Delivery option, via the Carrier, to the address provided by the Customer,

The release of the Products for delivery takes place not earlier than after the payment by the Customer.

The Seller confirms the release of the Products to the Carrier for Delivery to the address provided by the Customer when placing the order, by sending an e-mail to the Customer's e-mail address.

The risk of accidental loss or damage to the item passes to the Consumer as soon as it is delivered to the Consumer.

The delivered parcel should be examined by the Customer in the presence of the Carrier. If it is found that the shipment is damaged, the Customer has the right to request a proper report.

§6 Payment

The value of the payment for the Sale is determined on the basis of the Product price list available on the Seller's website at the time of ordering the Product. The prices available on the Store's website for a given Product are gross prices in Polish zlotys and include VAT, but do not include the costs of Product delivery and the costs of the selected payment method.

The costs of the transaction and Product delivery are borne by the Customer.

The total price of the order, visible in the Cart area before placing the order and after selecting the method of Product delivery and payment, includes the price for the ordered Products together with tax duties and all related costs, in particular Delivery and transaction costs. The total price of the order is binding for the Seller and the Customer.

The Store enables the following payment methods for the provided Sales Services:

by transfer to the Store's bank account,

by transfer using the External Payment System,

cash on delivery, cash on delivery from the Carrier.

through the Credit Agricole installment system

* Buy conveniently, choose the installation of the Credit Agricole bank.

Check how simple it is:

Choose the product you are interested in, when the value in the basket exceeds PLN 300, use the installments of the Credit Agricole bank,

fill out an online application and wait for a credit decision,

make a transfer of PLN 1 and attach a photo of your ID card,

confirm the contract with an SMS code,

You will receive the contract by e-mail and the store will start processing your order.

FMIC Performance sp.z o.o. fmic.pl declares that on the basis of contracts concluded with Credit Agricole Bank Polska S.A. is authorized to perform factual activities related to the conclusion/amendment of credit agreements for the purchase of goods and services.

5.       The payment deadline is the moment the Product is released for delivery.

The invoice or VAT invoice for the Sales Service is attached to the Products that are subject to issue or sent by e-mail to the Customer's e-mail address, depending on the Customer's will.

The Customer who makes the payment for the product agrees to receive an electronic invoice.

The cash refund by the Seller takes place immediately, no later than within 14 days from the date of the cause, in the case of:

withdrawal from the Agreement by the Consumer,

the Customer's resignation from the order or part of the order paid before implementation,

the Seller recognizes the claim covered by the complaint in whole or in part, based on generally applicable provisions.

The cash refund is made using the same payment method that was used by the customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.

The Seller is not obliged to reimburse the additional costs of Product Delivery incurred by the Customer, if the Customer has chosen a method of Product Delivery other than the cheapest standard Delivery method offered by the Seller.

§7 Complaints and guarantees

Complaints may be submitted in writing, by traditional mail, to the address indicated in the Seller's Contact details, using the form, the template of which is attached to the Regulations, posted on the Store's website and available for download.

For Bosch products, please download and fill out two forms (failure to comply with the above and failure to fill in the appropriate forms will result in the rejection of the complaint due to the requirement of the manufacturer - guarantor) files for download here: file 1, file 2

The Buyer has the right to submit a complaint within the time limits specified in the provisions of the Civil Code.

The complaint should contain a description of the problem and the Customer's personal data, including contact details and address details of the Customer, and a request for a method of bringing the Product into compliance with the sales contract or a declaration of a price reduction or withdrawal from the sales contract. Proof of purchase must be attached to the complaint.

The seller recognizes complaints within 14 days from the date of notification. In the content of the complaint, it is recommended to provide the Customer's contact details, which will be used to answer the complaint and conduct related correspondence.

If the complaint relates to the Product, in order for the complaint to be considered by the Seller, the Customer should deliver or send the Product under the complaint to the Seller's address.

Complaints may be submitted under the warranty for defects in Products covered by the Sales Agreement and other Electronic Services.

If the Product has a defect, the Customer may request the replacement of the Product with a defect free, removal of the defect, or reduction of its price, and if this is not possible, he may then withdraw from the sales contract. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without the defect. The customer may not withdraw from the contract if the defect of the Product is irrelevant.

The Seller may refuse customer satisfaction with a specific request of the Customer, if it is impossible to bring the defective Product into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the other possible method of compliance with the Agreement, subject to reservations and on the terms set out in the relevant provisions of the Code. Civil.

If the Client is not a Consumer, the Seller may refuse to replace the Product with a Product free from defects or to remove the defect also when the costs of compensating this obligation exceed the price of the Product sold.

If the Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a Product free from defects or to remove the defect.

The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a defect free, or instead of replacing the Product, demand that the defect be removed unless it is impossible to bring the Product into compliance with the Agreement in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.

The reduced price referred to in points 10 and 11 above should remain in the proportion to the price resulting from the Agreement in which the value of the defective Product is equal to the value of the Product without a defect.

The consumer has the option of extrajudicial means of dealing with complaints and assertion of claims:

submitting an application for resolving a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,

applying for the initiation of mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller to the proper inspector of the Trade Inspection,

using the help of a local or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.

The Buyer may search for more detailed information on out-of-court complaints and redress procedures on the website http://uokik.gov.pl.

The products may be covered by the manufacturer's or distributor's guarantee. In this case, the Customer is entitled to advertise the Product using the warranty rights by making a complaint to the guarantor. Filing a complaint to the guarantor may be made through the Seller or directly to the guarantor.

The customer may realise the rights under the guarantee for physical defects of things, regardless of the rights resulting from the guarantee.

The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product to the Customer. The claim for the removal of the defect or replacement of the Product with a product free from defects expires after one year from the date of finding the defect, however, in the case of an Order placed by a Consumer - the period of limitation may not end before the expiry of the period referred to in the first sentence.

Parts and components bought in our store are intended for professional assembly in specialized tuning workshops. FMIC Performance sp.z o.o. is not responsible for losses resulting from incorrect assembly and hidden defects of sold components.

In the event of a justified defect in the goods, FMIC Performance sp. z o.o. may replace the goods with a new one, but does not bear the costs related to the failure.

Parts sold by FMIC Performance sp. z o.o. are intended only for sports cars that run only on dedicated race tracks (not intended for road traffic). If it is found that the Product was used in a different way than in accordance with its intended use, the Seller has the right to refuse to accept the complaint.

§8 Withdrawal from the Agreement

The consumer on the basies of the Act of May 30, 2014 on consumer rights ((Journal of Laws of 2020, item 287, as amended), may, without giving any reason, withdraw from the Agreement for the provision of Electronic Services within 14 days, including from the Sales Agreement, subject to the standards indicated in the instruction on withdrawal from the Agreement, constituting an attachment to the Regulations, posted on the Store's website and available for download.

The period for withdrawal begins with taking the goods by the Buyer or a third party designated by him other than the Carrier, and in the case of a contract that: includes many goods that are delivered separately, in batches, or in parts - from taking possession of the last goods, lot or part.

Regardless from the right to withdraw from the sales contract, the Buyer may resign from using the services provided electronically as part of having an account in the FMIC Performance sp.z o.o. online store. by deleting the created account, which, however, does not affect the order placed before the account was deleted. The right to withdraw from the Electronic Agreement is not entitled to the Consumer, among others in relation to the Sales Agreement: if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,

Products which after Delivery, due to their nature, will be inseparably mixed with other things.

in which the subject of the service is non-prefabricated goods, manufactured according to the Buyer's specifications or serving to satisfy his individual needs;

in which the Consumer used the Product in such a way that the Product was damaged and it is not suitable for further use or does not present any material value.

The consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The statement may be submitted on the form, a model of which is attached to the Regulations, placed in the area of the Store's website and available for download here.

The consumer may submit a declaration of withdrawal from the contract in any way. The Seller recommends submitting a withdrawal from the contract to the Seller's e-mail address, by sending a withdrawal form or sending a withdrawal from the contract by traditional postal registered letter to the Seller's address..

In the event of receiving a declaration of withdrawal by the Consumer from the Sales Agreement by electronic means, the Seller shall immediately send the Customer a confirmation of its receipt.

Immediately, but no later than within 14 days from the date on which the Consumer withdraws from the Sales agreement, he is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is enough to return the Product before its expiry. This provision does not apply if the Seller has offered to collect the Product himself.

The Consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

The Seller is obliged to collect the Product from the Consumer at his own expense, when the Buyer, due to the nature of the item, cannot return it in the usual way by traditional mail, provided that the sales contract was concluded outside the entrepreneur's premises and the Product was delivered to the consumer to the place where he lived at the time conclusion of the contract.

Cash-on-arrival deliveries will not be accepted by the Seller.

  The seller does not bear the cost of returning the goods.

The consumer may bear the costs related to the withdrawal from the contract in the following situations:

• if the Consumer has chosen a method of delivery of the goods other than the cheapest standard delivery method available in the Store, the Seller is not obliged to reimburse the Buyer for additional costs incurred by him (e.g. if the Buyer chose a more expensive courier instead of postal delivery, the Seller does not have to refund the difference between these two parcels).

• The consumer bears the direct cost of returning the goods (ie the cost of returning the goods to the Seller).

In the event of withdrawal from the Sales agreement, it is considered void. If the Consumer submitted a declaration of withdrawal from the Sales agreement before the Seller accepted his offer, the offer ceases to be binding.

Information on the exercise of the right to withdraw from the Agreement can be found in the instruction on withdrawal from the Agreement, constituting an attachment to the Regulations, placed in the area of the Store's website and available for download here.

§9 Promotions and promotional campaigns

Customers participating in promotions and contests consent to the processing of their personal data.

During the promotion, one Customer may only purchase one product covered by the promotional campaign.

The Customer receives a discount on the 5 cheapest items that are covered by a given promotion.

6 and more items are at the standard price.

Promotions last 24 hours from the moment of their announcement.

§10 Supplementary provisions

All trademarks, graphics, and photos posted on the Store's website for the purpose of presenting the Products are subject to the copyrights of their owners.

The online domain of the store, its logos, name, and Regulations are the property of the copyright and the subject of legal protection.

The Customer acknowledges that it is forbidden for the Customer to provide illegal content.

The Seller undertakes to make due efforts to enable the proper functioning of the Store and to assist in solving technical problems related to its operation.

The Seller undertakes to carry out activities aimed at protecting the data in the Customer Account against unauthorized access and use. The customer is responsible for the consequences of disclosing his login or password to third parties.

The Seller is obliged to redeem vouchers/prizes by the end of each calendar year in which they were won or purchased. The won vouchers do not add up, only one voucher can be used in one order.

The seller reserves the right to change the prices of goods in the online store's offer, introduce new goods to the offer, carry out and cancel promotional campaigns in the online store or make changes to them. These rights do not affect the prices of goods in orders placed before the effective date of the price change, the terms of promotional campaigns or sales.

The seller is not responsible for:

interruptions in the proper functioning of the Store and improper performance of Electronic Services, caused by force majeure, in relation to Customers who are not Consumers,

interruptions in the proper functioning of the Store and improper performance of Electronic Services for Customers who are not Consumers, caused by technical activities or the cause of the entities through which the Store provides Electronic Services,

benefits lost by a customer who is not a consumer,

consequences of the use of access data to the Customer Account by third parties, if they came into their possession as a result of the violation of the provisions of the Regulations by the Customer,

damage caused by the Customer's breach of the Regulations.

§11 Final provisions

The Seller may collect information in order to store it locally on the Customer's device, using the browser's memory mechanism using "cookies".

The personal data of the Store's users is processed on the basis of the consent of the data subjects or when it is necessary for the performance of the Agreement, when the data subject is its party or when it is necessary to take action before concluding the Agreement at the request of the data subject.

Personal data is collected for the purpose of providing services by the Store. Persons whose data has been collected by the Store have the right to access their data, correct them and submit a motivated written request to stop processing them, as well as to object to this.

The rules for the processing of personal data, privacy policy, and cookie policy are regulated in the document "Privacy policy and cookie policy", constituting an appendix to the Regulations, placed in the area of ​​the Store's website.

By concluding the Agreement for the provision of Electronic Services, the Customer voluntarily authorizes the Seller to send information related to the Agreements and their implementation to the Customer's Contact Data, as well as commercial information if separate consent is given.

The Customer who is not a Consumer is obliged to inform the Seller about changes to the Customer's Contact Data, under pain of their effective use for deliveries.

The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of generally applicable Polish law.

In the event of non-compliance of the provisions of the Regulations with the provisions of generally applicable Polish law, these provisions shall apply.

In matters not covered by these Regulations, the provisions of the Civil Code, provisions on the protection of personal data, the Act on the provision of electronic services, and the Act on consumer rights shall apply.