Terms & Conditions

RULES AND REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES

Article 1. [Primary information]

1. The following are the rules and regulations for the provision of electronic services through the website http://www.fatblackcat.io (hereinafter referred to as the “Website”).
2. The owner and the entity providing electronic services through the Website is: Patryk Sokołowski, an entrepreneur entered into the Central Registration and Information on Business under the business name: Patryk Sokołowski having its registered office in Lublin (20-628), address: ul. Skrzetuskiego 6/45, NIP [Taxpayer ID No]: 9222975675, hereinafter referred to as the „Service Provider”,
3. You may contact the Service Provider by:
1. electronic mail at the email address patryk.sokolowski@fatblackcat.io
2. by phone: +48 509-838-650
4. These Rules and Regulations were adopted on 17 November 2024.
5. The Service Provider reserves the right to amend these Rules and Regulations.

Article 2. [Types and scope of services provided]

1. The Website contains basic information about the Service Provider’s business: manufacturer of sim racing equipment.
2. Through the Website, the Service Provider provides paid and free services:
1. as part of the online shop – sale of products
2. setting up a user account;
3. subscription to a newsletter with commercial information (promotions, special offers).
3. Paid services are marked in such a way that there is no doubt that using them involves an obligation to pay.

Article 3. [Technical conditions for the use of services]

1. In order to use the Website properly, you should have:
1. a device (PC, tablet, smartphone) with an internet connection,
2. a web browser,
3. full legal capacity to make purchases on the Website,
4. an e-mail address in order to make purchases on the Website or subscribe to the newsletter.
2. It is prohibited to publish unlawful content on the Website.

Article 4 [Sale of products]

[Placing Orders]

1. Successful placement of an order requires the submission of the data specified in the order form. The data should be true and up-to-date.
2. The contract of sale shall be concluded after you provide the mandatory data, click on the “Buy and pay” option, make the payment of the price (excluding cash on delivery) and receive an e-mail confirming the order placed from the Service Provider.
3. The Service Provider shall fulfil your order upon receipt of your payment and confirmation of your order.
4. Orders shall be fulfilled within 14 days, from the confirmation of acceptance of the order for fulfilment, if the product is in stock. Fulfilment means handling and dispatch of the order. If your order cannot be fulfilled within this deadline, you shall receive a message from the Service Provider clearly indicated on the website.
5. If you pre-order a product, you shall pay for the product in advance. The Service Provider shall provide the exact date of dispatch of the product on the Website.

[Making payment]

1. The Service Provider allows payment through the online payment operator WooPayments and PayPal.
2. Payment shall be effected as soon as the money is credited to the Service Provider’s account or the money is posted by the payment operator’s system.

[Delivery/collection of goods]

1. You will be given a shipping option once you have added the product to your cart. Shipping depends on the country you are making your purchase from.
2. The Service Provider shall specify the delivery costs on the website in such a way so as to let you know them before placing your order.
3. Courier shipments are insured.
4. If you notice any issues with the parcel, in particular any external damage, you should report this fact to the courier and draw up a report with him covering this information. Please note that failure to do so may be the reason for rejection of your claim.
5. Goods are delivered exclusively within the European Union and UK.

[Guarantee]

The Service Provider shall provide consumers with a quality guarantee to the same extent as it is bound by its liability under the warranty for physical defects of the goods in accordance with the provisions of the Civil Code.

[Other information]

1. The prices given in the shop are net prices including VAT applicable in Poland for orders inside EU. Orders outside EU VAT is 0%. The shipping cost will be added to the gross price of the product.
2. The final price of the order, which is binding on the Service Provider and the consumer, is the price of the product stated on the Website before the consumer places the order, including all costs related to the contract performance.
3. Additional  customs fees may apply for shipments to countries outside the European Union. The Buyer is obliged to pay these fees before receiving the shipment.
4. The Service Provider reserves the right to refuse to fulfil an order if, in particular: (a) you have provided false data, making delivery impossible (b) you have failed to collect the parcel twice (c) you have not paid for the order.
5. Orders can only be placed via the user account set up on the Website.

Article 5 [Consumer rights]

1. The provisions below shall apply to consumers and entities enjoying consumer rights under the provisions of the Civil Code.
2. In respect of persons and entities other than those referred to in paragraph 1 above, the Service Provider shall be liable under the warranty in accordance with the provisions of the Civil Code.
3. Consumer means a natural person who performs an act in law with an entrepreneur, which act is not directly connected with that person’s business or professional activity. Consumer rights may also be exercised by a natural person running business, insofar as the content of the contract shows that for this person it is not of a professional nature, resulting in particular from the subject of his/her business, made available on the basis of the provisions on the Central Registration and Information on Business.
4. The legal basis for consumer rights is the Act on Consumer Rights. Contractual provisions less favourable to the consumer than the provisions of the Act shall be invalid and shall be replaced by the provisions of the Act.

Article 6 [Consumer’s right of withdrawal]

1. If you are not completely satisfied with your purchase, you have the right to withdraw from the contract without providing a reason. We always try to help our customers, so if you have any questions, please contact us by e-mail at support@fatblackcat.io or on Discord.
2. You have 14 days to submit a statement that you would like to return the product you have purchased. Please send us an e-mail with your statement and your details (first name, last name, home address, telephone number or e-mail address if applicable) and information about the goods you have purchased.
3. The goods should be returned no later than 14 days from the date of your withdrawal from the contract. In order to meet the deadline, it is sufficient to send the goods back before its expiry.
4. If you withdraw from a contract concluded at a distance, the contract shall be deemed not to have been concluded and for this reason we shall be obliged to refund to you the payments you have made and you shall be obliged to return the goods purchased.
5. No later than 14 days after receipt of the returned goods, we shall return to you all payments made for the goods purchased. We shall not refund the cost of returning the goods.
6. We shall process your payments back to you using the same method of payment, unless you inform us that you expect us to reimburse you in another way.
7. If you have chosen to withdraw from the contract, in order to receive a refund you are obliged to return the goods in unused condition, that is, in the same condition in which you received them. The goods should be delivered in their original packaging.
8. The statement of withdrawal shall be deemed to be ineffective if the returned goods are found to be mechanically damaged or if there are missing elements which are an integral part of the goods.

Article 7 [Guarantee]

1. We provide a 2-year guarantee against defects or non-conformity with the contract on our products, unless otherwise specified on the Website for a given product.
2. You should inform us within 14 days of discovering the defect or other non-conformity with the contract. Contact us via our contact page at https://fatblackcat.io/contact/ and select Technical Support option providing:
   1. 1. Contact details – first name, last name, e-mail address.
      2. Description of the defect.

   In subsequent emails we may additionally ask you for:

   1. Proof of purchase.
   2. Photographic or video documentation of the defect.
3. The right to make a complaint expires if the product has been repaired by you or a third party.
4. A complaint will not be accepted if the defect or other non-conformity with the contract was caused by the buyer’s fault, for example as a result of negligence, improper use, dropping the product, wear and tear.
5. If you are returning goods for claim, please ensure that they are securely packaged to prevent further damage to the goods.
6. Your rights in the case when the goods are not in conformity with the contract:
   1. If the goods are not in conformity with the contract, you may demand their repair or replacement.
   2. We may make a replacement when you demand a repair or we may make a repair when you demand a replacement if it is impossible or would require excessive costs for us to bring the goods into conformity with the contract in the manner chosen by you.
   3. If repair and replacement are impossible or would require excessive costs for us, we may refuse to bring the goods into conformity with the contract.
   4. You shall also have the right to submit a statement to us either to reduce the price or to withdraw from the contract if one of the following events occurs:
      1. We refused to bring the goods into conformity with the contract,
      2. We failed to bring the goods into conformity with the contract,
      3. the non-conformity of the goods with the contract continues even though we have tried to bring the goods into conformity with the contract;
      4. the non-conformity of the goods with the contract is significant enough to justify either a reduction in price or withdrawal from the contract without prior exercise of the right to repair or replace the goods,
      5. it is clear from our statement or the circumstances that we will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
   5. You may not withdraw from the contract if the non-conformity of the goods with the contract is insignificant. The non-conformity of the goods with the contract shall be presumed to be significant.

Article 8 [Procedure for handling complaints]

1. Any person using the Website, and in particular persons making purchases on the Website or using the services provided through the Website, shall have the right to lodge a complaint.
2. All complaints, remarks and concerns concerning the Website and the services provided through the Website can be directed by selecting the appropriate topic in the contact form on the website https://fatblackcat.io/contact/ or by sending an e-mail to the following address: support@fatblackcat.io.
3. In the case of complaints concerning non-conformity with the contract or warranty claims, as outlined in Article 7, please select the Technical Support option in the contact form on the Website (located here: https://fatblackcat.io/contact/) or send an e-mail to support@fatblackcat.io, providing the following information:
   1. Contact details – first name, last name, e-mail address.
   2. Description of the defect.

In subsequent emails we may additionally ask you for:

1. 1. Proof of purchase.
   2. Photographic or video documentation of the defect.
2. In the case of complaints relating to matters other than defective goods/service, you are obliged to provide:
   1. contact details – first name, last name and e-mail address,
   2. description of the reasons for the complaint,
   3. your claims, proposals and requests.
3. We undertake to respond to the complaint within 14 days of receipt. The Service Provider shall respond to the complaint through electronic mail (e-mail).
4. Special provisions in relation to consumers:
   1. We shall carry out the repair or replacement within a reasonable time from the moment we are informed by you as a consumer of the non-conformity with the contract and without undue inconvenience for you, taking into account the nature of the goods and the purpose for which you purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials shall be borne by us.
   2. You as a consumer shall make the goods to be repaired or replaced available to us. We shall collect the goods from you at its own expense.
   3. The reduced price must remain in the same proportion to the contractual price as the value of the non-conforming goods to the value of the goods that are in conformity with the contract.
   4. We shall reimburse you as a consumer the amounts that are due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of your statement of price reduction.
   5. In the event of withdrawal from the contract, you shall immediately return the goods to us. We shall reimburse the price to you as a consumer immediately, but no later than within 14 days of receipt of the goods or proof of their return.
   6. We shall reimburse the price using the same method of payment as used by you, unless you have expressly agreed to a different method of reimbursement that does not involve any costs for you.

Article 9 [User account]

1. You may set up an account on the Website. This is a free service.
2. Having an active account is a condition for making purchases on the Website.
3. The account can be set up using a dedicated form.
4. Access to the account is made after the user provides the login and password set by the user. The user should keep the password confidential.
5. The account can be deleted at any time by the user alone.

Article 10 [Newsletter]

1. The newsletter subscription service is free of charge. It consists in the Service Provider sending commercial information about the Service Provider’s promotions and special offers. By signing up for the newsletter, you agree that the Service Provider may send commercial information to the e-mail address you have provided.
2. You may unsubscribe from the newsletter at any time by using the unsubscribe option included in the newsletter message or by contacting the Service Provider.

Article 11 [Dispute resolution]

1. By accepting these Rules and Regulations you agree that in the event of a dispute we will try to resolve it jointly and amicably. The time limit for negotiation shall be 3 months from the date the claim is raised by me or by you. If we do not find a solution to resolve the dispute within the period specified, we may submit our claims to the court of general jurisdiction.
2. In the event that services are provided to a consumer residing in a country other than Poland, we agree that the case will be adjudicated in accordance with Polish law. This agreement does not deprive you of the protection afforded to you under provisions that cannot be excluded by contract and by law.
3. I agree to out-of-court dispute settlement. If you wish to raise a claim against me, you can do so electronically at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

Article 12 [Protection of personal data]

The Service Provider is a data controller within the meaning of the data protection legislation (the GDPR et al.). Information on how the Service Provider processes data is contained in the Privacy Policy available at: http://www.fatblackcat.io/privacy-policy