TERMS AND CONDITIONS OF SALE AND MAINTENANCE SERVICES OF RDM PATRYK OMILIANOWICZ

§ 1. General Provisions

  1. These Terms and Conditions define the rules for the sale of goods and the provision of maintenance services by RDM Patryk Omilianowicz (hereinafter referred to as the "Service Provider").
  2. The products offered by the Service Provider are intended exclusively for use in motorsport. These products do not have road homologation and are not approved for use in public road transport. The Customer declares that they possess the appropriate technical qualifications for their installation and use.
  3. Any differing, conflicting, or additional terms and conditions of the Customer shall not become part of the contract unless the Service Provider has expressly agreed to them in writing.

§ 2. Orders and Payments

  1. An order for goods (custom-made shock absorbers) becomes binding upon payment by the Customer of a down payment (deposit) amounting to 25% of the total order value.The deposit is non-refundable in the event of withdrawal from the contract by the Customer for reasons beyond the Service Provider's control.
  2. The lead time (delivery period) is calculated from the date the deposit is credited to the Service Provider's bank account.
  3. The Service Provider acts as an authorized intermediary. Delivery delays resulting from reasons attributable to the manufacturer do not constitute grounds for claims against the Service Provider.
  4. Full payment for the goods (the remaining 75% plus delivery costs) is required prior to the delivery of the goods to the Customer.
  5. Retention of Title: The goods remain the sole property of the Service Provider until the Customer has settled the purchase price in full, including all delivery costs.

§ 3. Right of Withdrawal

  1. Given that all products (shock absorbers) are configured and manufactured according to the Customer's individual specifications, the Customer (including consumers) does not have the right to withdraw from the contract, pursuant to Article 38, item 3 of the Polish Act on Consumer Rights (Ustawa o prawach konsumenta).

§ 4. Service and Warranty Procedures

  1. The Customer is required to notify the Service Provider of their intent to request maintenance service or submit a warranty claim prior to dispatch, in order to agree on the terms. Goods sent without prior contact with the Service Provider may not be accepted for processing.
  2. Warranty repairs are carried out exclusively in accordance with the manufacturer's procedures and require the manufacturer's prior approval. The Service Provider acts as an intermediary in the warranty process but does not assume the manufacturer's liability for manufacturing defects.
  3. The Service Provider shall not be held liable for defects resulting from improper installation, operation contrary to the intended use, collisions, or accidents during sports competitions or in road traffic.

§ 5. Deliveries and Risk

  1. The risk of accidental loss or damage to the goods passes to the Customer at the moment the goods are handed over to the carrier.
  2. The Customer is obliged to inspect the condition of the shipment in the presence of the courier. Any mechanical damage must be documented by a damage report signed by the courier; otherwise, compensation claims will not be considered.
  3. In the case of service shipments (shipping to the Service Provider by the Customer), the Customer is solely responsible for the condition of the shipment and its secure packaging.

§ 6. Limitation of Liability

  1. The Service Provider shall not be liable for any indirect damages, lost profits, or business interruptions incurred by the Customer resulting from the unavailability of the product or service delays.
  2. Cap on Liability: The total liability of the Service Provider to the Customer for damages (excluding personal injury caused intentionally) is limited to the amount actually paid by the Customer for the specific product or service in question.

§ 7. Force Majeure

  1. The Service Provider shall not be held liable for any failure or improper performance of obligations in the event of Force Majeure, including but not limited to: manufacturer supply chain failures, raw material shortages, strikes, epidemics, or any other extraordinary events beyond the Service Provider's control.

§ 8. Governing Law and Jurisdiction

  1. For any matters not regulated by these Terms and Conditions, the provisions of the law applicable in the territory of the Republic of Poland shall apply.
  2. n the event of any disputes, the court of jurisdiction shall be the court closest to the registered seat of the Service Provider.