TERMS OF USE
Publication date: 01/01/2024
The Terms of Use regulate the conditions for obtaining
Services.
The Terms of Use describe the types of Services, their cost,
and payment methods.
The provision of Services is regulated exclusively by the
conditions of these Terms of Use and relevant legislative acts.
Please read this document carefully to familiarize yourself
with the methods and cost of providing the Services.
Reference to the words "we", "our" or
"us" (or equivalent terms) means the Company.
Reference to the words “you” or “your” (or similar words)
means the User receiving the Services.
The words he/she and their derivatives in the text of the
document can be applied to either a male person or a female person, depending
on the context of the document.
1. DEFINITIONS
1.1.
Personal Data means any
information that directly or indirectly allows you to identify the User. For
example, first name, last name, phone number, and IP address.
1.2.
Statistical Data means any
information that is publicly available and directly or indirectly relates to
the User.
1.3.
Data means a generalized concept for
Personal and Statistical Data.
1.4.
Services means the set of actions performed
by the Company, including the selection, purchase, delivery, customs clearance,
repair, certification, and registration of vehicles, as well as consultation
and assistance related to vehicle financing, installment plans, and
post-delivery support.
1.5.
Company's website (hereinafter referred to as the "Site") means a web page or a group of web pages on the Internet
located at: https://trp.com.ua/
1.6.
Company (hereinafter referred to as the "Company"
or "TRP") means FAST DEALS Sp. z o.o., a legal
entity registered under the laws of the Republic of Poland, NIP 5223271193,
with its registered office at Ogińskiego 11/9, 03-318 Warszawa, Poland and
TURBO PARTNERS LLP, a legal entity registered under the laws of the United
Kingdom, with company number OC444668 and registered office at 27 Old
Gloucester Street, London, United Kingdom, WC1N 3AX, each of which provides the
Services as defined in the Contract.
1.7.
Contract means a legally binding agreement
concluded between the Company and the User that defines the scope, procedure,
and conditions for the provision of the Services.
1.8.
User is an individual or legal entity to
whom the Company provides Services.
1.9.
Third Party means a natural or legal person,
government agency, institution or body besides the Company or the User, the
Controller or the Processor.
1.10.
Controller - means any natural or legal
person, government agency, institution, or other body that independently
determines the purposes and means of personal data processing.
1.11.
Processor - is a natural or legal person,
government agency, institution, or other body that processes Personal Data on
behalf of and behalf of the Controller.
1.12.
Cookies - are a piece of information in the
form of text or binary data that is transmitted to the browser from the site.
1.13.
User's Consent (hereinafter "Consent") - means a voluntary, specific, informed, and unequivocal
expression of will, in which the User using a statement or explicit affirmative
action agrees to the processing of his Personal Data and to comply with the
conditions of this Terms of Use.
2. PROVISION OF SERVICES
2.1.
The Company provides Services to
Users in accordance with these Terms of Use and the Contract concluded between
the Parties.
2.2.
The Services include, but are not
limited to, the selection, purchase, delivery, customs clearance, repair,
certification, and registration of vehicles, as well as consulting and
assistance related to vehicle financing, installment plans, and post-delivery
support.
2.3.
The Company acts as an intermediary
and service provider, assisting Users in obtaining vehicles and related
documentation from verified sources. The Company is not responsible for any
hidden defects, technical issues, or delays caused by third parties involved in
transportation, customs, or certification procedures, unless otherwise
expressly provided in the Contract.
2.4.
The User undertakes to provide
accurate and complete information necessary for the proper performance of the
Services.
2.5.
The Company reserves the right to
refuse or suspend the provision of Services if the User provides false
information, violates payment obligations, or fails to comply with the
requirements of these Terms of Use.
2.6.
All conditions, prices, and
timelines for specific Services are determined individually and confirmed in
writing within the Contract or official correspondence between the Company and
the User.
2.7. The Services are provided jointly by
FAST DEALS Sp. z o.o. (Poland) and TURBO PARTNERS LLP (United Kingdom), depending
on the nature and scope of the specific Services. Such joint participation is
determined by the operational, logistical, and contractual requirements
necessary to ensure the proper and efficient provision of the Services. Each
company performs its respective functions within the overall process while
maintaining a unified standard of quality, confidentiality, and compliance with
applicable legal regulations.
3. PAYMENT PROCEDURE
3.1.
The procedure, amount, method,
currency, and timing of payments for the Services shall be governed exclusively
by the provisions of the Contract concluded between the Company and the User.
3.2.
All financial terms, including but
not limited to the total cost of the Services, payment schedule, invoicing,
applicable taxes, and payment instruments, shall be determined in the Contract
and constitute an integral part thereof.
3.3.
The Company provides the Services
only upon the terms of payment agreed between the Parties in the Contract. Any
deviations, discounts, or modifications of the payment terms shall be valid
solely if confirmed in writing and signed by both Parties.
3.4.
The Company’s obligation to perform
or continue the provision of the Services arises only after proper fulfillment
of the User’s payment obligations as defined in the Contract.
4. REFUNDS
4.1. The conditions,
grounds, and procedure for refunds related to the Services shall be governed
exclusively by the provisions of the relevant section of the Contract concluded
between the Company and the User.
4.2. Any refund,
compensation, or payment adjustment shall be made only in the cases, manner,
and time limits expressly provided for in the Contract.
4.3. The Company shall not
be obliged to provide any refund or reimbursement unless such obligation is
clearly stipulated in the Contract or arises from applicable law.
4.4. Refunds and related
financial settlements may be processed by either FAST DEALS Sp. z o.o. (Poland)
or TURBO PARTNERS LLP (United Kingdom), depending on which entity received the
payment or was responsible for the respective part of the Services. Both
entities act within a unified contractual framework and ensure proper
accounting and compliance with applicable legal and financial regulations.
5. RESPONSIBILITY
5.1. The User undertakes not
to carry out the following actions:
5.1.1.
provide
Personal Data or other information on behalf of a Third Party;
5.1.2.
copy,
adapt, decipher, decompile, disassemble, or reverse engineer any software that
constitutes or in any way forms part of the Company’s Site;
5.1.3.
use
the Site or the Services for fraudulent or unlawful purposes, or in a way that
may harm the reputation or operations of the Company.
5.2. The Company does not
guarantee:
5.2.1.
uninterrupted
access to the Company’s Site;
5.2.2.
uninterrupted
access to the Services;
5.2.3.
the
accuracy, completeness, or relevance of vehicle data provided by third-party
sources, auction platforms, or external systems.
5.3. The Company acts as an
intermediary and facilitator of the processes related to vehicle selection,
purchase, delivery, and registration. The Company is not responsible for:
5.3.1.
hidden
defects, damages, or technical issues of the vehicles acquired through third-party
platforms or suppliers;
5.3.2.
delays
or losses resulting from customs, logistics, or transport operations;
5.3.3.
errors
or failures of payment systems, brokers, or partner services involved in the
provision of the Services;
5.3.4.
consequences
arising from the User’s failure to provide accurate, complete, or timely
information required for the performance of the Services.
5.4. The Company reserves
the right, but not the obligation, to:
5.4.1.
monitor
violations of these Terms of Use;
5.4.2.
take
appropriate legal action against anyone who, at its sole discretion, violates
the law or these Terms of Use, including, without limitation, reporting such
User to law enforcement;
5.4.3.
in
its sole discretion and without limitation, notice, or liability, remove from
the Site or otherwise disable all files and content that are excessive or
otherwise burden the systems;
5.4.4.
administer
the Site in a manner that protects the Company’s rights and property and
ensures the proper functioning of the Site.
5.5. To the extent permitted
by law, the materials and Services are provided on an “as is” and “as
available” basis. The Company makes no warranties of any kind, including but
not limited to warranties of merchantability, fitness for a particular purpose,
or suitability for the User’s expectations.
5.6. The Company will not be
liable for effects caused by acts of hackers, criminal software changes,
technical failures, or other types of unauthorized access and use of the Site.
5.7. The User acknowledges
that vehicle acquisition and import involve external risks beyond the Company’s
control, and by using the Services, the User assumes these risks and releases
the Company from liability for such events.
5.8. The Company shall not
be responsible for any failure or delay in the operation of the Site or the
provision of the Services caused by circumstances beyond its reasonable
control. Such circumstances include, but are not limited to, natural disasters,
power or communication failures, Internet outages, cyberattacks, military
conflicts, pandemics, government restrictions, or any other events that make it
impossible or significantly hinder the normal operation of the Site or the
performance of the Services. In the event of force majeure, the availability of
the Site or the continuity of the Services may be temporarily limited or
suspended without prior notice, and the Company shall not bear any liability
for such interruptions.
5.9.
COMPANY WILL NOT BE
LIABLE FOR EFFECTS CAUSED BY AN ACT HACKERS, CRIMINAL SOFTWARE CHANGES, AND
OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF THE SITE.
6. GOVERNING
LAW AND DISPUTE RESOLUTION
6.1. All relations between
the Company and the User arising out of or in connection with these Terms of
Use or the provision of the Services shall be governed by and construed in
accordance with the laws of the Republic of Poland.
6.2. The Parties shall
endeavor to resolve any dispute, controversy, or claim arising out of or
relating to these Terms of Use, the Contract, or the Services through
good-faith negotiations within ten (10) business days from the date of receipt
of written notice.
6.3. If the Parties fail to
reach an amicable settlement, the dispute shall be submitted to the competent
court having jurisdiction over the registered office of the Company.
6.4. Each Party agrees to
resolve disputes solely on an individual basis and waives any right to
participate in a class, collective, or representative action.
7. USER
CONSENT
7.1. The User’s consent to
these Terms of Use shall be deemed duly provided in any of the following cases:
7.1.1.
by
signing the Contract concluded with the Company;
7.1.2.
by
placing an order for the Services or otherwise initiating cooperation with the
Company.
7.2. By performing any of
the above actions, the User acknowledges and confirms that they:
7.2.1.
have
read and fully understood the content of these Terms of Use;
7.2.2.
voluntarily
accept all rights and obligations arising hereunder;
7.2.3.
agree
that these Terms of Use, together with the Contract, constitute a legally
binding agreement between the User and the Company, regulating the procedure,
scope, and conditions of the provision of the Services;
7.2.4.
understand
that the Company shall provide the Services exclusively under the terms and
conditions of these Terms of Use and the Contract.
8. IMPLEMENTATION
OF CHANGES
8.1. The Company has the
right to make changes to these Terms of Use in the event of a change in the
terms of providing Services or a change in the amount of the ñommission.
8.2. The User is obliged to
familiarize himself with the new terms of the Terms of Use, and the Company is
not responsible if the User has not familiarized himself with the new terms of
the Terms of Use.
8.3. Our electronic or
otherwise stored copies of the Terms of Use are deemed to be the true,
complete, valid, and enforceable versions of these Terms of Use that are in
effect at the time you visit the Site. If the User uses the Services after the
date of update of the Terms of Use, we have the right to assume that the User
has read the new version of the Terms of Use and agrees to the terms of the
Services.
9. COMPANY DETAILS
For the Polish company
Name: FAST DEALS Sp. z o.o.
Registered in: Republic of Poland
Register code (NIP): 5223271193
Address: Ogińskiego 11/9, 03-318 Warszawa, Poland
For the UK company
Name: TURBO PARTNERS LLP
Registered in: United Kingdom
Company number: OC444668
Address: 27 Old Gloucester Street, London, United Kingdom,
WC1N 3AX