Terms and Conditions

1. GENERAL PROVISIONS

• 1.1. The Online Store available at xtremeclutch.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@xtremeclutch.eu
• 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).
• 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).
• 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: xtremeclutch.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@xtremeclutch.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

• 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. Customers shall have no right, interest in, or claim, on any such trade names or trademarks.

3. ELECTRONIC SERVICES IN THE ONLINE STORE

• 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.
• 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. 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.
• 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.xtremeclutch.eu/warranty
  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.
• 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

• 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.
• 4.2. The Products delivered to the Customer remain the property of the Seller until the full payment of the price.
• 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. 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

Orders placed and paid online till 1:00 pm are being processed the same day.

Given number of days does not include the day of the dispatch.

The transit times reflect UPS' regular delivery schedule, but are not guaranteed.

UPS Standard

Country	UPS Standard - Estimated lead time (working days)
Belgium, Netherlands	1 day
Austria, Denmark, France, Germany, Italy, Luxembourg, Norway, Poland, Slovenia, United Kingdom	2 days
Czech Republic, Hungary, Slovakia, Spain, Switzerland	3 days
Croatia, Lithuania, Portugal, Romania	4 days
Estonia, Finland, Latvia, Sweden	5 days
Bulgaria, Greece	6 days

UPS Express

Country	UPS Express - Estimated lead time (working days)
Austria, Belgium, Czech Republic, Denmark, France, Germany, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, Switzerland, United Kingdom	1 day
Estonia, Hungary, Latvia, Lithuania, Norway, Romania, Slovakia, Sweden	2 days
Bulgaria, Croatia	3 days
Finland, Greece	4 days

8. LACK OF COMPLIANCE OF THE PRODUCTS WITH THE CONTRACT

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.

8.2. The Seller is obliged to provide the Consumer with Products in compliance with the Sales Contract.

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.

For complete details about product compliance rights and procedures, please refer to our full terms and conditions document or contact customer support.

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

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

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:

• www.uokik.gov.pl/spory_konsumenckie.php
• www.uokik.gov.pl/sprawy_indywidualne.php
• www.uokik.gov.pl/wazne_adresy.php

12.3. At 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

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@xtremeclutch.eu
   3. 13.2.3. in electronic form via the website xtremeclutch.eu
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.

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.

16. OPINIONS ABOUT PRODUCTS

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.
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.
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.

18. WITHDRAWAL FORM TEMPLATE

Contract withdrawal form template.

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

- Address:

- 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