TERMS AND CONDITIONS OF THE TERRAPERFORMANCE.EU ONLINE STORE

1. GENERAL PROVISIONS

1. 1.1. The Online Store available at terraperformance.eu is run by OZPARTS B.V. (address of place of business: Weena 690, 3012CN Rotterdam, Netherlands) entered into the Dutch Chamber of Commerce under Company Number (KvK): 93273703, Tax number: NL.8663.35.791B01, email address: support@terraperformance.eu.
2. 1.2. These Terms and Conditions are addressed both to consumers, entrepreneurs with the rights of consumers, as well as entrepreneurs using the Online Store (with the exception of point 12 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).
3. 1.3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website at Privacy Policy.
   Providing personal data is voluntary. The Privacy Policy contains primarily the rules concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases is voluntary.
   Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
4. 1.4. Definitions:
   1. 1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
   2. 1.4.2. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and determination of the terms of the Sales Contract, including the method of delivery and payment.
   3. 1.4.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which the law grants legal capacity; - which has concluded or intends to conclude a Sales Contract with the Seller.
   4. 1.4.4. CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws of 1964 No. 16, item 93 as amended).
   5. 1.4.5. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person concluding a contract directly related to his business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the object of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
   6. 1.4.6. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
   7. 1.4.7. ONLINE STORE – online store of the Service Provider available at the following address: terraperformance.eu.
   8. 1.4.8. SELLER; SERVICE PROVIDER – OZPARTS B.V. (address of place of business: Weena 690, 3012CN Rotterdam, Netherlands) entered into the Dutch Chamber of Commerce under Company Number (KvK): 93273703, Tax number: NL.8663.35.791B01, e-mail address: support@terraperformance.eu.
   9. 1.4.9. PRODUCTS – movable items available in the Online Store which are the subject of a Sales Contract between the Customer and the Seller.
   10. 1.4.10. SALES CONTRACT – a sales contract for Products between the Customer and the Seller concluded via the Online Store.
   11. 1.4.11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
   12. 1.4.12. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in the cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
   13. 1.4.13. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, consolidated text).
   14. 1.4.14. ACT ON THE PROVISION OF ELECTRONIC SERVICES – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, 344, consolidated text).
   15. 1.4.15. ORDER – a declaration of the Customer's will submitted via the Order Form and aimed directly at the conclusion of a Product Sales Contract with the Seller.

2. USE OF TRADE NAME AND TRADEMARKS

1. 2.1. Customers shall not use OZPARTS PL sp. z o.o. & OZPARTS B.V. trade name or trademarks, or any portion thereof, within the customer’s name.
2. 2.2. Customers shall have no right, interest in, or claim, on any such trade names or trademarks.

3. ELECTRONIC SERVICES IN THE ONLINE STORE

1. 3.1. The following Electronic Services are available in the Online Store: Order Form
   1. 3.1.1. Order Form - the use of the Order Form begins in the moment the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer performs two consecutive steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form "Confirm purchase" field - up to this point, it is possible to modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide a NIP number.
   2. 3.1.2. The Electronic Service Order Form is provided free of charge and is of a one-time nature and is terminated when the Order is placed through it or when the Service recipient ceases to place the Order through it.
2. 3.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the up-to-date version: Mozilla Firefox or Internet Explorer, Opera, Google Chrome, 11 Safari, Microsoft Edge;
3. 3.3. The Service Recipient is obliged to use the Online Store in a manner compliant with the law and good customs, bearing in mind the respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing illegal content.
4. 3.4. Complaint procedure:
   1. 3.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure for the Products, which was indicated in point 8 and 9 of the Terms and Conditions) may be submitted exclusively through the warranty form available on the Online Store website at www.terraperformance.eu/warranty-form.
   2. 3.4.2. The description of the complaint should include: (1) information and circumstances regarding the subject of the complaint, in particular the types and date of irregularities; (2) the Service recipient’s requests; and (3) the contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Service Provider. In relation to the Consumer, the requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
   3. 3.4.3. The response to the complaint by the Service Provider shall take place promptly, no later than within 14 calendar days from the date of its submission.
5. 3.5 The use of the Online Store may be associated with threats typical to the use of the Internet, such as spam, viruses, hacking attacks. The Seller takes action to counteract these risks. The Seller indicates that the public nature of the Internet network and the use of services provided by electronic means may be associated with the risk of unauthorised persons obtaining or modifying Customer data. For these reasons, the Customer should apply appropriate technical measures that will minimise the above-mentioned threats, including anti-virus and identity protection programs while using the Internet.

4. CONDITIONS OF CONCLUSION OF THE SALES CONTRACT

1. 4.1. The price of the Products shown on the Online Store website is given in Euros and includes taxes. The Customer is informed on the Online Store website about the total price including taxes of the Products that are the subject of the Order, as well as about the delivery costs (including transport, delivery and postal charges) and other costs, and if the amount of these charges cannot be determined - the Customer is informed about the obligation to pay them on the Online Store's website during the placement of the Order, including when the Customer expresses his or her will to be bound by a Sales Contract.
2. 4.2. The Products delivered to the Customer remain the property of the Seller until the full payment of the price.
3. 4.3. Procedure for concluding a Sales Contract in the Online Store using the Order Form.
   1. 4.3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.1 of the Terms and Conditions.
   2. 4.3.2. In the event of a request to document the transaction in the form of an invoice, no later than when placing the Order, the Customer is obliged to provide the necessary data, in particular a NIP number. The Seller is not responsible for provision by the Customer of incorrect or incomplete data, including NIP number.
   3. 4.3.3. After an Order is placed, the Seller shall promptly confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Contract. Upon receipt by the Customer of the above e-mail, a Sales Contract between is concluded between the Customer and the Seller.
4. 4.4. The content of the concluded Sales Contract is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 4.3.3. of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Store.

5. METHODS AND TERMS OF PAYMENT FOR PRODUCTS

1. 5.1. The Seller provides the Customer with the following payment methods under the Sales Contract:
   1. 5.1.1. payment made via PayPal (PayPal Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. E. Plater 53, 00-113 Warsaw, registered by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the number: 0000289372, REGON: 141108225, NIP: 5252406419, share capital 506.500 PLN),
   2. 5.1.2. payment made by credit card, including Revolut (REVOLUT LTD (limited liability company - spółka z ograniczoną odpowiedzialnością) Branch in Poland with its registered office in Krakow, ul. Aleja Jana Pawła II No. 43A, 31-864 Kraków, registered by the District Court for Kraków Śródmieście in Kraków, Xi Commercial Division of the National Court Register under KRS number: 0000626014, REGON: 364882854, NIP: 1060005786
2. 5.2. Payment term.
   1. 5.2.1. The Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Contract.

6. COST, METHODS AND TERMS OF DELIVERY OF PRODUCTS

1. 6.1. Delivery of the Products to the Customer is payable, unless the Sales Contract provides otherwise. The costs of delivery of the Products (including transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the information tab on delivery costs and during the placing of the Order, including at the moment of the Customer expressing their will to be bound by the Sales Contract.
2. 6.2. The Seller provides the Customer with the following methods of delivery of the Products:
   1. 6.2.1. Courier shipment (including parcel locker).
3. 6.3. The date of delivery of the Products to the Customer is up to 30 days, and in a situation where the Seller does not have the Products in stock - up to 6 months and then the Seller gives the Customer an estimated delivery date (ETA-Estimated Time of Arrival). In the case of Products with different delivery dates, the delivery date is the latest given date
4. 6.4. The beginning of the period for delivery of the Products to the Customer shall be counted from the date of crediting the bank account or the Seller's billing account.

7. Shipping Options

8. LACK OF COMPLIANCE OF THE PRODUCTS WITH THE CONTRACT – THE RIGHTS OF THE CONSUMER AND THE ENTREPRENEUR WITH CONSUMER RIGHTS

1. 8.1. The provisions of point 8 of the Terms and Conditions apply to a consumer and are applied to an Entrepreneur with consumer rights.
2. 8.2. The Seller is obliged to provide the Consumer with Products in compliance with the Sales Contract.
3. 8.3. In the event of a defect in the Products purchased by the consumer on the basis of the Sales Contract concluded with the Seller up to 31 December 2022, the consumer is entitled to rights under the Civil Code in the wording in force until 31 December 2022, in particular Article 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability toward the consumer, if the Product sold has a physical or legal defect (warranty).
4. 8.4. In the event of lack of compliance of the Products with the Sales Contract concluded by the consumer with the Seller from 01 January 2023, the consumer has the rights under the Consumer Rights Act, described in this section.
5. 8.5.1. The Products are in compliance with the contract if, in particular, the following are in compliance with the contract:
   1. 1) description, type, quantity, quality, completeness and functionality, and for Products with digital elements, compatibility, interoperability and availability of updates;
   2. 2) suitability for the specific purpose for which it is needed by the consumer, of which the consumer has notified the Seller at the latest at the time of conclusion of the contract and which the Seller has accepted.
6. 8.5.2. In addition, in order to be considered to be in compliance with the contract, the Products must:
   1. 1) be suitable for the purposes for which such a product is normally used, taking into account applicable laws, technical standards or good practices,
   2. 2) the product is present in such quantities and has such characteristics, including durability and safety, and for Products with digital elements, functionality and compatibility, as are typical of such products and which the consumer can reasonably expect, taking into account the nature of the product and the public assurance offered by the Seller, their legal predecessors or persons acting on their behalf, in particular, in advertising or on a label, unless the Seller demonstrates that:
      1. a) he did not know about the given public assurance and, judging reasonably, could not know about it,
      2. b) prior to the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
      3. c) the public assurance has not affected the consumer's decision to conclude the contract;
   3. 3) the product has been supplied with packaging, accessories and instructions which the consumer can reasonably expect to be delivered;
   4. 4) the product is of the same quality as the sample or design which the Seller has made available to the consumer before the conclusion of the contract, and corresponds to the description of the sample or design.
7. 8.6.1. The Seller shall not be liable for a lack of compliance of the Products with the contract to the extent referred to in point 8.5.2. if the consumer, at the latest at the time of conclusion of the contract, has been expressly informed that the specific feature of the Products differs from the requirements of compliance with the contract specified in point 8.5.2., and expressly and separately accepted the lack of a specific characteristic of the Products.
8. 8.6.2. The Seller shall be liable for a lack of compliance of the Products with the contract resulting from improper installation of the Products if:
   1. 1) it was carried out by the Seller or under his responsibility;
   2. 2) the incorrect installation carried out by the consumer was due to errors in the instructions provided by the Seller or a third party that provides the digital content or digital service.
9. 8.6.3. The Seller shall be liable for a lack of compliance of the Products with the contract existing at the time of its delivery and discovered within 2 years from that time, unless the expiration date of the Products for use, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
10. 8.6.4. It is assumed that a lack of compliance of the Products with the contract, which became apparent within 2 years from the time of delivery of the Products, existed at the time of delivery, unless otherwise proven or this presumption cannot be reconciled with the specificity of the Products or the nature of the lack of compliance of the Products with the contract.
11. 8.6.5. With respect to Products with digital elements, the Seller shall be liable for a lack of compliance with the contract of the digital content or digital service supplied continuously, which occurred or became apparent at the time when, in compliance with the contract, they were to be delivered. This period shall not be less than 2 years from the moment of delivery of Products with digital elements. The lack of compliance of the digital content or digital service with the contract shall be presumed to have occurred at that time if it became apparent at that time.
12. 8.7. Consumer rights in case of lack of compliance of the Products with the contract:
    1. 1) repair
    2. 2) replacement
    3. 3) price reduction
    4. 4) withdrawal from the contract
13. 8.8. The consumer may exercise his rights on the following terms.
    1. 8.8.1. REPAIR OR REPLACEMENT
       1. 8.8.1.1. The Seller may make a replacement when the consumer requests repair, or the Seller may make a repair when the consumer requests replacement, if bringing the Products into compliance with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the product into compliance with the contract.
       2. 8.8.1.2. The Consumer shall make available to the Seller Products subject to repair or replacement, and the Seller shall collect them from the consumer at his own expense.
       3. 8.8.1.3. The Seller shall carry out repair or replacement within a reasonable time from the moment when the consumer informed him of the lack of compliance with the contract, and without undue inconvenience to the consumer, taking into account the specificity of the Products and the purpose for which the consumer purchased them.
       4. 8.8.1.4. The costs of repair or replacement and the costs of postage, transport, labour and materials are borne by the Seller.
       5. 8.8.1.5. If the Products were installed before a lack of compliance of the Products with the contract was discovered, the Seller shall disassemble the Products and reassemble them after repair or replacement or shall order these actions to be taken at his own expense.
    2. 8.8.2. REDUCTION OF THE PRICE OR WITHDRAWAL FROM THE CONTRACT
       1. 8.8.2.1. If the Products are not in compliance with the contract, the consumer may make a declaration on a reduction of the price or withdrawal from the contract when:
          1. 1) the Seller refused to bring the Products into compliance with the contract by repair or replacement
          2. 2) the Seller has not brought the Products into compliance with the contract by repair or replacement
          3. 3) the lack of compliance of the Products with the contract continues, even though the Seller attempted to repair or replace the Products
          4. 4) the lack of compliance of the Products with the contract is so important that it justifies a reduction in the price or withdrawal from the contract without first using the request for repair or replacement;
          5. 5) it is clear from the Seller's declaration or the circumstances that he will not bring the Products into compliance with the contract within a reasonable time or without excessive inconvenience to the consumer.
       2. 8.8.2.2. The reduced price must be in such proportion to the price resulting from the contract that the value of the Products not in compliance with the contract is to the value of the Products compliant with the contract.
       3. 8.8.2.3. The Seller shall reimburse the consumer the amounts due as a result of exercising the right to reduce the price promptly, not later than within 14 days from the date of receipt of the consumer's declaration on the reduction of the price.
       4. 8.8.2.4. The consumer may not withdraw from the contract if the lack of compliance of the Products with the contract is insignificant. It is presumed that the lack of compliance of the Products with the contract is material.
       5. 8.8.2.5. If the lack of compliance with the contract concerns only certain Products delivered under the contract, the Customer may withdraw from the contract only in respect of those products, as well as in respect of other products purchased with products not in compliance with the contract, if it cannot be reasonably expected that the consumer will agree to retain only the Products in compliance with the contract.
       6. 8.8.2.6. In the event of withdrawal from the contract, the Customer shall promptly return the Products to the Seller at his own expense. It is recommended that the returned Products be intact, originally packed (without signs of opening) and contain all original labels and packaging of the manufacturer. It is recommended to return the Products together with a copy of the invoice or bill. The Customer is obliged to show that the Products were purchased from the Seller. The Seller shall return the price to the consumer promptly, no later than within 14 days from the date of receipt of the Products or proof of their return.
       7. 8.8.2.7. The Seller shall refund the price using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for him.
       8. 8.8.2.8. The Consumer may refrain from paying the price until the Seller performs the obligations related to the complaint.

9. GUARANTEE

1. 9.1. GUARANTEE OR AFTER-SALES SERVICE – A guarantee or after-sales service may be provided for the Products. Detailed information in this regard is available on the website of the Online Store.
2. 9.2. ADVERTISING VS. GUARANTEE CONDITIONS – Any deviation from the guarantee conditions specified in advertising to the detriment of the consumer is ineffective unless the guarantee declaration made in the advertising before the conclusion of the contract has been corrected in accordance with the conditions and form in which the advertising was conducted or in a comparable manner.
3. 9.3. DURABILITY GUARANTEE – The durability guarantee cannot provide for repair or replacement conditions less favourable to the consumer than those specified in section 8 of the Terms and Conditions.

10. COMPLAINT ABOUT THE PRODUCTS FOR LACK OF COMPLIANCE OF THE PRODUCTS WITH THE CONTRACT – THE RIGHTS OF THE CONSUMER AND THE ENTREPRENEUR WITH CONSUMER RIGHTS

1. 10.1. A complaint may be submitted by the Customer, for example:
   1. 10.1.1. in writing to the address: ul Mazowiecka 46-48, 87-100 Toruń, Poland;
   2. 10.1.2. In electronic form via the form provided by the Service Provider
2. 10.2. The complaint may be accompanied by evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also apply to the complainant requesting additional information or sending evidence (e.g. photos), if it will facilitate and accelerate the processing of the complaint by the Seller.
3. 10.3. The Seller shall respond to the Customer's complaint promptly, no later than within 14 days from the date of its receipt. Failure to respond to the Seller within the above period means that the Seller has acknowledged the complaint as justified. The Seller shall provide the Customer with a response to the complaint on paper or another durable medium.

11. COMPLAINT ABOUT PRODUCTS ON THE BASIS OF THE GUARANTEE

1. 11.1. The complaint may be submitted by the Customer in electronic form via the form provided by the Service Provider. The consumer may also submit a complaint in another way, for example in writing to the address: ul. Mazowiecka 46-48, 87-100 Toruń, Poland.

12. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES – INFORMATION FOR THE CONSUMER

1. 12.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
   
   The President of the Office of Competition and Consumer Protection also has a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters related to out-of-court resolution of consumer disputes.
2. 12.2. The Customer who is a consumer has the following examples of possibilities of using out-of-court methods of complaint handling and pursuing claims:
   1. 12.2.1. The Customer is entitled to apply to the permanent arbitration court at the provincial inspectorate referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2020.1706, consolidated text), with a request for resolution of the dispute arising from the concluded Sales Contract. The rules of organisation and operation of permanent arbitration courts are laid down in the Regulation of the Minister of Justice of 06 July 2017 on defining the rules of organisation and operation of permanent arbitration courts at provincial trade inspection inspectors (Journal of Laws 2017.1356).
   2. 12.2.2. The Customer is entitled to apply to the provincial inspector of the Trade Inspection, in compliance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2020.1706), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the premises and on the websites of individual provincial inspectors of Trade Inspection.
   3. 12.2.3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or social organisation, whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers Association). Advice is provided by the Consumer Federation at the free consumer helpline number 801 440 220 (helpline open on working days, from 8:00-18:00, call charge according to the operator's tariff) and by the Polish Consumers Association at the address email porady@dlakonsumentow.pl.
3. 12.3. At http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders is available at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

13. RIGHT OF WITHDRAWAL FROM THE CONTRACT BY A CONSUMER AND AN ENTREPRENEUR WITH CONSUMER RIGHTS

1. 13.1. The provisions of this point 13 of the Terms and Conditions apply to a consumer and are applied to an Entrepreneur with consumer rights.
2. 13.2. A consumer who has concluded a distance contract may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in point 13.9. of the Terms and Conditions. To meet the deadline, it is sufficient to send a declaration before its expiry. A declaration of withdrawal from a contract may be submitted, for example:
   1. 13.2.1. in writing to the address: ul Mazowiecka 46-48, 87-100 Toruń, Poland;
   2. 13.2.2. in electronic form via e-mail to the following address: support@terraperformance.eu;
   3. 13.2.3. in electronic form via the website terraperformance.eu .
   In the event of receiving a declaration of withdrawal from the contract by electronic means, i.e. in the manner specified in point 13.2.2. or 13.2.3., the Seller is obliged to promptly send to the consumer on a durable medium confirmation of its receipt.
3. 13.3. An example withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 18 of the Terms and Conditions. The consumer can use the template form; however, it is not mandatory.
4. 13.4. The deadline for withdrawal from the contract begins:
   1. 13.4.1. for a contract in which the Seller issues the Products, being obliged to transfer its ownership (e.g. a Sales Contract) - from the taking of the Products into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period - from taking possession of the first of the Products;
   2. 13.4.2. for other contracts - from the date of conclusion of the contract.
5. 13.5. In the case of withdrawal from a distance contract, the contract is considered as not concluded.
6. 13.6. The Seller is obliged to promptly consider the claim, no later than 14 days after receipt of the Consumer’s declaration on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Products (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund, which does not involve any costs for him. If the Seller has not offered to collect the Products from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Products back or until the consumer provides proof of sending them back, depending on which event occurs first.
7. 13.7. The Consumer is obliged to return the Products to the Seller promptly, not later than within 14 days from the date on which he withdrew from the contract, or to hand them over to a person authorised by the Seller to collect them, unless the Seller has offered to collect the Products himself. To meet the deadline, it is sufficient to send back the Products before its expiration. The return address will be provided to the Consumer after submitting the return form available on the Online Store website. It is recommended that the returned Products be intact, originally packed (without signs of opening) and contain all original labels and packaging of the manufacturer. It is recommended to return the Products together with a copy of the invoice or bill. The Customer is obliged to show that the Products were purchased from the Seller.
8. 13.8. The Consumer shall bear responsibility for a decrease in the value of the Products resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Products.
9. 13.9. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
   1. 13.9.1. If the consumer has chosen a method of delivery of the Products other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
   2. 13.9.2. The consumer bears the direct costs of returning the Products.
   3. 13.9.3. In the case of Products being a service, the performance of which - at the express request of the consumer - started before the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal from the contract after such a request is made is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
10. 13.10. The right of withdrawal from a distance contract is not available to the consumer in relation to contracts:
    1. 13.10.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer who has been informed before the commencement of the provision that after the performance by the Seller shall lose the right to withdraw from the contract and he acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the provision is non-prefabricated Products, manufactured according to the specification of the consumer or to meet his individual needs; (4) in which the subject of the service is Products subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is Products delivered in a sealed package, which after the package is opened cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the service are Products which, due to their nature, are inseparably combined with other Products; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Contract, which can only be delivered after 30 days and whose value depends on market fluctuations beyond the Seller's control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products; (9) where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if a day or the period of the provision of the service is specified in the contract; (13) for the provision of digital content not supplied on a tangible medium for which the consumer is obliged to pay the price if the Seller has commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the service, that after the performance by the Seller he shall lose the right to withdraw from the contract, and he accepted this and the Seller provided the consumer with confirmation of the conclusion of the Sales Contract referred to in Article 15 paras. 1 and 2 or Article 21 para, 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in the case of which the consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the consumer.

14. 30 DAYS RETURNS - CONDITIONS

In addition to the statutory right of withdrawal described in point 13 of these Terms and Conditions, the Seller grants Customers the possibility of returning the Products within 30 days from the date of the final invoice, under the conditions described [HERE].

15. PROVISIONS CONCERNING ENTREPRENEURS

1. 15.1. This point of the Terms and Conditions and all provisions contained herein apply only to customers and recipients of services who are not consumers or entrepreneurs with consumer rights.
2. 15.2. The Seller has the right to withdraw from a sales contract within 14 calendar days from the date of its conclusion. Withdrawal from a sales contract in this case may take place without giving a reason and does not give rise to any claims on the part of the customer against the seller.
3. 15.3. The Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the payment method chosen by the customer and the fact of concluding a sales contract.
4. 15.4. In the event of Products being sent to the customer via a carrier, the customer is obliged to examine the shipment in the time and in the manner accepted for such shipments. If he finds that during the carriage there was a loss or damage to the Products, he is obliged to perform all actions necessary to determine the carrier's liability.
5. 15.5. In compliance with Article 558 § 1 of the Civil Code, the seller’s liability under the warranty for the Products is excluded.
6. 15.6. The Service Provider may terminate a contract for the provision of an electronic service with immediate effect and without indicating the reasons by sending the service recipient an appropriate declaration.
7. 15.7. The liability of the service provider/seller, regardless of its legal basis, is limited - both within the framework of a single claim and for all claims in total - to the amount of the price paid and the cost of delivery under a sales contract, but not more than one thousand PLN. The limitation referred to in the previous sentence shall apply to any claims made by the service recipient/customer against the service provider/seller, including in the event of the non-conclusion of the sales contract or not related to the sales contract. The service provider/seller shall be liable to the service recipient/customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for loss of benefits in relation to the service recipient/customer who is not a consumer.

16. OPINIONS ABOUT PRODUCTS

1. The Seller does not allow its Customers to issue and access opinions about products and about the Online Store.

17. FINAL PROVISIONS

1. 17.1. Contracts concluded through the Online Store are prepared in Polish language.
2. 17.2. Amendments to the Terms and Conditions:
   1. 17.2.1. The Seller reserves the right to make amendments to the Terms and Conditions for important reasons, including: changes in laws, changes in payment and delivery methods, to the extent that such changes affect the performance of these Terms and Conditions.
   2. 17.2.2. In the event of conclusion of contracts under these Terms and Conditions of a different nature than continuous contracts (e.g. Sales Contract), amendments to the Terms and Conditions shall not in any way violate the acquired rights Service recipients/Customers before the date of entry into force of amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions shall not affect Orders already placed or submitted, as well as concluded, implemented or executed Sales Contracts.
3. 17.3. In cases not covered by these Terms and Conditions, generally applicable Polish law shall apply, in particular: The Civil Code, the Act on the provision of Services by Electronic means and the Consumer Rights Act.
   1. 17.3.1. Where the Seller:
      1. 1) carries out his business or professional activity in the country where the consumer has his habitual residence, or
      2. 2) in any way directs such activity to that country or to several countries including that country, and the Sales Contract falls within the scope of this activity, the contract concluded with the consumer is subject to Polish law, with the proviso that the choice of Polish law does not deprive the consumer of the protection granted to him under the mandatory provisions of the country in which the consumer has his habitual residence.
   2. 17.3.2. The court competent to resolve a dispute between the Seller and the Customer shall be the court competent for the Seller's registered office, and if the Customer is a consumer, the court competent to resolve a dispute brought by the Seller shall be the court competent under general rules (court of the consumer's place of residence), and in the case of a consumer's claim - the court competent under general rules (court of the Seller's registered office) or the court competent for the consumer's place of residence, with the proviso that this does not apply to cases in which the court's jurisdiction is exclusive.
4. 17.4. The Seller is not obliged to apply, and does not apply, the code of good practices referred to in art. 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2023.845, consolidated text).
5. 17.5. The minimum duration of the obligations of the Consumer resulting from the Sales Contract is the duration of the contract, i.e. payment and receipt of the Products.
6. 17.6. The Terms and Conditions are available on the Online Store website and are made available free of charge also before the conclusion of the Sales Contract or before the commencement of the Electronic Service provision. At the request of the Customer, the Terms and Conditions are also made available in such a way that it is possible to obtain, reproduce and record its content using the ICT system used by the Customer, e.g. by email.

18. WITHDRAWAL FORM TEMPLATE (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Contract withdrawal form template.

(this form must be completed and returned only if you wish to withdraw from the contract)

- Address:

OZPARTS
Mazowiecka 46-48, 87-100 Toruń, Poland
terraperformance.eu
support@terraperformance.eu

- I/We(*) hereby inform of my/our withdrawal from the sales contract for the following items(*) contract for the delivery of the following items(*) contract for the performance of the following items(*)/for the provision of the following service(*)

- Date of conclusion of the contract(*)/receipt(*)
- First name(s) and surname(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent in paper version)
- Date (*)
Delete as appropriate.

19. LUCID Packaging Register number ( EPR )

We are registered with the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – `'ZSVR`') and our LUCID Packaging Register number ( EPR ) is as follows: DE3891082047406