Terms and Conditions
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICESIN ONLINE SHOP
3. CONDITIONS OF CONCLUDING SALES COTRACTS
4. WAYS AND PERIODS OF PAYMENT FOR PRODUCT
5. COST, WAYS AND PERIODS OF DELIVERY AND RECEIPT OF PRODUCT
6. COMPLAINT OF PRODUCT
7. EXTRAJUDICIAL WAYS OF CONSIDERATION OF COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PERSONAL DATA IN ONLINE SHOP
11. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. internet shop is available under internet addresshttps://rmdbike.com, it is kept by Robert Maczyński conducting business activity under the business name ARM Robert Maczyński registered in Central Register and Information on Business Activity of Poland kept by minister competent for economy, possessing address of place of business:Gen. Wł. Andersa Street 38 15-113 Białystok and address for service:Usługowa Street 17, 15-521 Zaścianki, Taxpayer Identification Number 9660886658, National Business Registry Number 052219703, e-mail address: firstname.lastname@example.org, phone number: +48 85 871 08 38.
1.4.1. WORKING DAY – one day from Monday to Friday except public holidays.
1.4.2. FORM OF REGISTRATION – form available in Online Shop enabling creation of Account
1.4.3. FORM OF ORDER – Electronic Service, interactive form available in Internet Shop enabling placement of order, particularly through adding Products to electronic basket and determining conditions of Sales Contract, including way of delivery and payment.
1.4.4. CUSTOMER – (1) natural person possessing full capacity to act in law and in cases indicated in generally applicable provisions also natural person possessing limited capacity to act in law; (2) legal entity; or (3) organizational unit, which does not possess legal personality, which act of law grants legal capacity – which concluded or intends to conclude Sales Contract with Seller.
1.4.5. CIVIL CODE – act of lawcivil codefrom 23 April 1964 (Journal of Laws 1964 number 16, position 93 with changes).
1.4.6. ACCOUNT – Electronic Service, marked by individual name(login) and password given by Service Recipient series resources in ICT system of Service Provider, in which data given by Service Recipient and information about placed bz him orders in Online Shop are collected.
1.4.7. NEWSLETTER – Electronic Service, electronic distributional service performed by Service Provider through e-mail, which enables all using it Service Recipients to obtain automatically from Service Provider cyclical contents of next editions of newsletter including information about Products, novelties and promotions in Online Shop.
1.4.8. PRODUCT – available in Online Shop movable thing being subject of Sales Contract between Customer and Seller.
1.4.10. ONLINE SHOP – online shop of Service Provider available under internet address: https://rmdbike.com on shop platform Shoper.
1.4.11. SELLER; SERVICE PROVIDER – Robert Maczyński conducting business activity under the business name ARM Robert Maczyński registered in Central Register and Information on Business Activity of Poland kept by minister competent for economy, possessing address of place of business:Gen. Wł. Andersa Street 38 15-113 Białystok and address for service:Usługowa Street 17, 15-521 Zaścianki, Taxpayer Identification Number 9660886658, National Business Registry Number 052219703, e-mail address: email@example.com, phone number: +48 85 871 08 38
1.4.12. SALES CONTRACT – sales contract of Product being concluded or concluded between Customer and Seller through Online Shop.
1.4.13. ELECTRONIC SERVICE – service performed electronically by Service Provider for Service Recipient through Online Shop.
1.4.14. SERVICE RECIPIENT – (1) natural person possessing full capacity to act in law and in cases indicated in generally applicable provisions also natural person possessing limited capacity to act in law; (2) legal entity; or (3) organizational unit, which does not possess legal personality, which act of law grants legal capacity – using or intending to use Electronic Service.
1.4.15. ACT OF CONSUMER RIGHTS, ACT OF LAW – act from 30 May 2014 about consumer rights(Journal of Laws from 2014, position 827 with later changes).
1.4.16. ORDER- declaration of intent of Customer submitted by Form of Order and aiming indirectly to conclude Sales Contract of Product with Seller.
2. ELECTRONIC SERVICES IN ONLINE SHOP
2.1. in Online Shop following Electronic Services are available: Account, Form of Order and Newsletter.
2.1.1. Account – using Account is possible after performing in total three consecutive steps by Service Recipient – (1) filling Form of Registration, (2) clicking field “Create Account” and (3) confirming intention of creating Account by clicking confirming link sent automatically to given e-mail address. In Form of Registration giving by Service Recipient following data of Service Recipient is necessary: name and surname-name of company, address(street, number of house/apartment, postal code, locality, country), e-mail address, contact phone number and password.In case of Service Recipients, who are not consumers also giving name of company and Taxpayer Identification Number is necessary.
184.108.40.206. Electronic Service Account is performed free of charge for indefinite period of time. Service Recipient can remove Account(resign from Account) by sending proper request to Service Provider, particularly by e-mail to address: firstname.lastname@example.org in writing to address:Usługowa Street 17 15-521 Zaścianki.
2.1.2. Form of Order – using Form of Order begins at the moment of adding by Customer first Product to electronic basket in Online Shop. Placement of order occurs after performing by Customer in total two consecutive steps – (1) after filling Form of Order and (2) clicking in website of Online Shop field “I confirm purchase” after filling Form of Order – to this moment there is possibility of self-reliant modification of entered data(for this purpose it is necessary to be guided by screened communications and information, which will be available in website of Online Shop). In Form of Order giving by Customer following data concerning Customer is necessary: name and surname-name of company, address(street, number of house/apartment, postal code, locality, country), e-mail address, contact phone number and data concerning Sales Contract:Product/Products, amount of Product/Products, place and way of delivery of Product/Products, way of payment. In case of Customers, who are not consumers also giving name of company and Taxpayer Identification Number is necessary.
220.127.116.11. Electronic Service Form of Order is performed free of charge and is non-recurrent and is finished at the moment of placement of Order using this Form of Order or at the moment of earlier cessation of placing Order using this Form of Order by Service Recipient.
2.1.3. Newsletter – using Newsletter occurs after giving in section „Newsletter” , which will bevisible in website of Online Shop e-mail address, to which next editions of Newsletter should be sent and after clicking field “Subscribe”. It is possible also to subscribe to Newsletter through marking propercheckboxduring creation of Account – at the moment of creation Account Service Recipient will be subscribed to Newsletter.
18.104.22.168. Electronic Service Newsletter is performed free of charge for indefinite period of time. Service Recipient can unsubscribe from Newsletter(resign from Newsletter) by sending proper request to Service Provider, particularly by e-mail to address: email@example.com in writing to address:Usługowa Street 17 15-521 Zaścianki.
2.3. Service Recipient is obliged to use Internet Shop in the way, which complies with law and good manners paying attention to respect for personal rights and copyrights and intellectual property of Service Provider and third parties. Service Recipient is obliged to enter data, which complies with facts. Ban of delivery contents, which have illegal character binds Service Recipient.
2.4. Procedure of complaint proceeding
2.4.2. in writing to address:Usługowa Street 17 15-521 Zaścianki;
2.4.3. electronically through e-mail to address: firstname.lastname@example.org;
2.4.4. It is recommended to indicate by Service Recipient: (1) information and circumstances concerning subject of complaint, particularly kind and date of appearance of incorrectness; (2) request of Service Recipient; and (3) contact data of person making complaint – it will facilitate and advance consideration of complaint by Service Provider. Requirements indicated in previous sentence are only recommendation and they do not influence effectiveness of complaints made without recommended description of complaint.
2.4.5. Giving opinion of complaint by Service Provider occurs immediately, but not later than in period of 14 calendar days after day of making complaint.
3. CONDITIONS OF CONCLUDING SALES CONTRACTS
3.2. Price of Product show in website of Online Shop is given in Polish zloty and includes taxes. About total price of Product being subject of Order with taxes and about costs of delivery , including charges for transport, delivery and postal services) and about other costs and when amount of these charges can not be fixed – about obligation of paying these charges Customer in informed in websites of Internet Shop during placing Order, including at the moment of expressing willingness of concluding Sales Contract.
3.3. Procedure of concluding Sales Contract in Online Shop through Form of Orders
3.3.2 After placement of Order Seller immediately confirms its receiving and simultaneously accepts Order for execution. Confirmation of receiving Order and its acceptance for execution occurs through sending by Seller to Customer proper information in e-mail to given during placing Order e-mail address of Customer, which includes at least declarations of Seller about receiving Order and its acceptance for realization and confirmation of concluding Sales Contract. At the moment of receiving by Customer the above information in e-mail Sales Contract between Customer and Seller is concluded.
4. WAYS AND PERIODS OF PAYMENT FOR PRODUCT
4.1. Seller makes available for Customer following ways of payment due to Sales Contract:
4.1.1. Payment by cash on delivery.
4.1.2. Payment by cash by personal collection
4.1.3. Payment by transfer to bank account of Seller
4.1.4. Electronic payments and payments by payment card Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, through serviceBluemedia.pl – possible current ways of payment are indicated in website of Online Shop information section concerning ways of payment and in website http://www.bluemedia.pl/.
22.214.171.124.Settlements of transactions by electronic payment and by payment card are conducted according to choice of Customer through service Bluemedia.pl. Service of electronic payments and by payment card is performed by:
126.96.36.199.1. BlueMedia.pl – company Blue Media S.A.(joint stock company)with head office in Sopot (addressof head office: Powstańców Warszawy Street 6 81-718 Sopot), registered in Register of Entrepreneurs of National Court Register under number: 0000320590, registration files are kept by District Court Gdańsk - Northin Gdańsk, share capital in the amount of 2.000.000 zł fully paid up, Taxpayer Identification Number: 5851351185.
4.2. Period of payment:
4.2.1. In case of choice by Customer payment by cash by personal collection, payment by transfer, electronic payments or payment by payment card, Customer is obliged to make payment within 7 calendar days after day of concluding Sales Contract.
4.2.2. In case of choice by Customer payment by cash on delivery, Customer is obliged to make payment on delivery.
- COST, WAYS AND PERIOD OF DELIVERY AND RECEIPT OF PRODUCT
5.1. Delivery of Product is available in territory of Poland
5.2. Delivery of Product to Customer is payable, unless Sales Contract provides otherwise. Costs of delivery of Product(including charges for transport, delivery and postal services) are indicated to Customer in websites of Online Shop in section “Costs of delivery” and during placement of Order, including at the moment of expressing by Customer willingness of concluding Sales Contract.
5.3. Personal collection of Product by Customer is free.
5.4. Seller makes available for Customer following ways of delivery or receipt of Product :
5.4.1. Postal delivery/Postal delivery with payment by cash on delivery
5.4.2. Courier delivery/Courier delivery with payment by cash on delivery.
5.4.3. Personal collection available under address:Usługowa Street 17 15-521 Zaścianki – in Working Days in hours from 09:00 to 17:00.
5.5. Period of Delivery of Product to Customer amounts to 7 Working Days, unless in description of given Product or during placement of Order shorter period was indicated In case of Products with different periods of delivery, the period of delivery is the longest given period, which however can not exceed 7 Working Days. Start of course of period of delivery of Product to Customer is counted in following way:
5.5.1. In case of choice by Customer way of payment by transfer, electronic payment or payment by payment card – from day of crediting bank account or settlement account of Seller.
5.5.2. In case of choice by Customer way of payment by cash on delivery – from day of concluding Sales Contract.
5.6. Period of readiness of Product to be received by Customer – in case of choice by Customer personal collection of Product, Product will be ready to be received by Customer in period to 2 Working Days, unless in description of given Product or during placement of Order short period was indicated. In case of Products with different periods of readiness to be received, period of readiness to be received is the longest given period, which however can not exceed 2 Working Days. About readiness of Product to be received Customer will be additionally informed by Customer through sending proper information in e-mail to given during placement of Order e-mail address of Customer. Start of course of period of readiness of Product to be received is counted in following way:
5.6.1. In case of choice by Customer way of payment by transfer, electronic payment or payment by payment card – from day of crediting bank account or settlement account of Seller.
5.6.2. In case of choice by Customer way of payment by cash by personal collection – from day of concluding Sales Contract.
6. COMPLAINT OF PRODUCT(IT CONCERNS SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
6.1.Ground and range of responsibility of Seller towards Customer, if sold Product has physical or legal defect(warranty) are determined by generally applicable provisions of law, particularly by Civil Code(particularly in articles 556-576 of Civil Code)
6.2. Seller is obligated to deliver to Customer Product without defects. Detailed information concerning responsibility of Seller due to defect of Product and rights of Customer are indicated in website of Online Shop in section “Returns and complaints”.
6.3. Complaint can be made by Customer for example:
6.3.1. in writing to address: Usługowa Street 17 15-521 Zaścianki;
6.3.2. in electronic form through e-mail to address: email@example.com;
6.4. It is recommended to indicate by Customer in description of complaint: (1) information and circumstances concerning subject of complaint, particularly kind and date of appearance of defect; (2) request of way of bringing Product to compliance with Sales Contract or declaration about reduction of price or declaration about withdrawal from Sales Contract; and (3) contact data of person making complaint – it will facilitate and advance consideration of complaint by Seller Requirements indicated in previous sentence are only recommendation and they do not influence effectiveness of complaints made without recommended description of complaint.
6.5. Seller will give his opinion of complaint of Customer immediately, but not later than within 14 calendar days after day of its making. If Customer being consumer demanded replacement of thing or removal of defect or submitted declaration about reduction of price, determining amount, of which price should be reduced and Seller did not give his opinion of this demand within 14 calendar days, o obniżeniu ceny, it is considered, that Seller admitted this demand as justified.
6.6. Customer, who makes use of rights due to warranty is obligated to deliver faulty Product to address:Usługowa Street 17 15-521 Zaścianki. In case of Customer being consumer cost of delivery of Product charges Seller, in case of Customer, who is not consumer cost of delivery charges Customer. If due to kind of Product or way of its assembly delivery of Product by Customer would be excessively difficult,Customer is obligated to make Product available for Seller in place, where Product is located.
7. EXTRAJUDICIAL WAYS OF CONSIDERATION OF COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information concerning possibility of use by Customer being consumer of extrajudicial ways of consideration of complaints and pursuing claims and rules of access to these procedures are available in website of Office for Competition and Consumer Protection under address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. By Chairman of Office for Competition and Consumer Protection contact point also works(phone: 22 55 60 333, e-mail: firstname.lastname@example.org or writtenaddress: Powstańców Warszawy Square 1, Warszawa.), which task is among others to help consumers in cases concerning extrajudicial resolution of consumer disputes.
7.3. Consumer has following exemplary possibilities of using extrajudicial ways of consideration of complaints and pursuing claims: (1) request for settling dispute to permanent consumer arbitration court(more information in website:http://www.spsk.wiih.org.pl/); (2) request for extrajudicial resolution of dispute to Provincial Inspector of Trade Inspection(more information in website of inspector competent due to place of conducting business activity by Seller); and (3) help of district(municipal) consumer rights adviser or social organization, to which statutory tasks belongs among others consumer protection(among others Consumer Federation, Polish Consumer Association). Advices are given among others by e-mail under email@example.com under number of consumer helpline 801 440 220 (helpline is open in Working Days in hours 8:00 – 18:00, charge for connection according to operator tariff).
7.4. Under address http://ec.europa.eu/consumers/odr platform of internet system of settling disputesbetween consumers and entrepreneurs at European Union level (ODR platform) is available. ODR platform is interactive and multilingual website with point of comprehensive service for customers and entrepreneurs striving for extrajudicial settling dispute concerning contractual obligations resulting from online sales contract or online service contract(more information in website of this platform or under online address of Office for Competition and Consumer Protection:https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM CONTRACT(IT CONCERNS SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1.1. in writing to address: Usługowa Street 17 15-521 Zaścianki;
8.1.2. in electronic form through e-mailto address: firstname.lastname@example.org;
8.2. Exemplary pattern of form of withdrawal from contract is included in appendix number 2 to Act of Consumer Rights and is available additionally in website of Online Shop in section “Returns and Complaints”. Consumer can use pattern of form, but it is not obligatory.
8.3. Course of period for withdrawal from contract begins:
8.3.1. for contract, in execution of which Seller releases Product being obligated to transfer of property of it(for example Sales Contract) – from taking Product in possession by consumer or indicated by him another third party than carrier and in case of contract, which: (1) includes many Products, which are delivered separately, in batches or in parts – from taking in possession last Product, batch or part or (2) consists in regular delivery Products for definite period of time – from taking in possession first Product;
8.3.2. for remaining contracts – from day of concluding contract
8.4. In case of withdrawal from distance contract, contract is considered as ot concluded.
8.5. Seller is obliged immediately and not later than within 14 calendar days after day of receiving declaration of consumer about withdrawal from contract, return to consumer all made by him payments, including costs of delivery of Product(except additional costs resulting from chosen by Customer way of delivery, which was different than the cheapest normal way of delivery, which is available in Online Shop . Seller returns payment using the same way of payment, which was used by consumer, unless consumer gave clearly his consent to another way of return, which is not affected for him with any costs. In case of making payment using payment card, return of funds will occur to bank account assigned to payment card used for making payment. If Seller did not offer, that he himself will receive Product from consumer, he can abstain from return of payment received from consumer to the moment of receiving Product back or to the moment of delivery by consumer proof of its sending back depending on it, which event will occur earlier.
8.6. Consumer is obliged immediately, not later than within 14 calendar days after day, in which he withdrew from contract, to return Product to Seller or hand over to person authorized by Seller to receive Product, unless Seller offered, that he will receive Product himself. For keeping date sending back Product before expiration date is sufficient. Consumer can return Product to address:Usługowa Street 17 15-521 Zaścianki.
8.7. Consumer is responsible for reduction of value of Product being result of its use in way exceeding way, which was necessary for fixing character, features and functioning of Product.
8.8. Possible costs affected with withdrawal by consumer from contract, which consumer is obligated to bear:
8.8.1. Ifconsumer chose different way of delivery of Product than the cheapest way normal way of delivery, which is available in Online Shop, Seller is not obligated to return to consumer additional costs paid by consumer.
8.8.2. Consumer bears direct costs of return of Product.
8.8.3. In case of Product being service, which performing – on clear demand of consumer – began before expiration date of withdrawal from contract, consumer, which exercises right of withdrawal from contract after submitting such demand, is obligated to pay for benefits made to the moment of withdrawal from contract . Amount of payment is calculated proportionately to the range of made performance, taking into account agreed in contract price or remuneration. If price or remuneration are excessive, the basis of calculation of this amount is market value of made performance.
8.9. Consumer is not entitled to withdraw from distance contract with reference to contracts:
8.9.1. (1) concerning providing services, if Seller performed service completely with clear consent of consumer, which was informed about before beginning of performing, that after making performance by Seller he will lose right to withdraw from contract; (2) in which price or remuneration depends on fluctuations in financial market, which are not controlled by Seller and which can occur before expiration date for withdrawal from contract; (3) in which object of performance is non-prefabricated Product, produced according to specification of consumer or serving meeting individualized needs; (4) in which object of performance is Product, which deteriorates quickly or has short shelf life; (5) in which object of performance in Product delivered in sealed package, which can not be returned after opening package due to health protection or for hygienic reasons, if package was opened after delivery; (6) in which object of performance are Products, which after delivery due to their character are inseparable joined with other things; (7) in which object of performance are alcoholic beverages, which price was agreed by concluding Sales Contract and which delivery can occur not until after 30 days and which value depends on fluctuations in market, which are not controlled by Seller; (8) in which consumer demanded clearly, that Seller arrives to him in order to make urgent repair or conservation;if Seller provides additionally other services than these services, which performing consumer demanded or if Seller delivers other Products than spare parts, which are necessary for making repair or conservation, consumer is entitled to withdraw from contract with reference to additional services or Products; (9) in which object of performance are sound or visual recording or computer programs delivered in sealed package, if package was opened after delivery; (10) concerning delivery of daily newspapers, periodicals or magazines, except subscription contract; (11) concluded by public auction; (12) concerning making performance in the range of accommodation, which are different than accommodation for residential purposes, carriage of goods, car rental, gastronomy, services associated with leisure, entertainment, sport or cultural events, if in contract day or period of providing service was indicated; (13) concerning delivery of digital contents, which are not recorded on material carrier, if making performance began with clear consent of consumer before expiration date of withdrawal from contract and after informing consumer by Seller about loss of right of withdrawal from contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.2. Seller is entitled to withdraw from Sales Contract concluded with Customer, who is not consumer within 14 calendar days after day of concluding Sales Contract. Withdrawal from Sales Contract in this case can occur without giving reason and it does not entitle Customer, who is not consumer for any claims against Seller.
9.3. In case of Customers, which are not consumers Seller is entitled to limit available ways of payment, including Seller can require making advance payment in whole or in part and regardless of chosen by Customer way of payment and regardless of fact of concluding Sales Contract.
9.4. At the moment of release of Product by Seller to carrier, benefits and burdens associated with Product and risk of accidental loss or damage of Product are transferred to Customer,who is not consumer. In such case Seller is not responsible for loss, wastage or damage of Product, which occurred from the moment of receiving it for carriage until release it to Customer and is not responsible for delay in carriage of consignment.
9.5. In case of sending Product to Customer through carrier, Customer, who is not consumer is obligated to check consignment in time and in way accepted by this kind of consignments. If Customer will state, that during carriage wastage or damage of Product occurred, he is obligated to make all necessary actions for determining responsibility of carrier.
9.6. According toarticle 558 § 1 of Civil Code responsibility of Seller due to warranty for Product towards Customer, who is not consumer is excluded.
9.7. In case of Service Recipients, who are not consumers, Service Recipient can terminate contracting concerning providing Electronic Service with immediate effect and without giving reasons by sending to Service Recipient proper declaration.
9.8. Responsibility of Service Provider/Seller towards Service Recipient/Customer, who is not consumer regardless of its legal basis is limited - as well within single claim as for all claims in total – to amount of paid price and costs of delivery due to Sales Contract, but not more than to amount of one thousand Polish zloty. Service Provider/Seller is responsible towards Service Recipient/Customer, who is not consumer only for typical damages, which were foreseeable at the moment of concluding contract and is not responsible towards Service Recipient/Customer, who is not consumer, due to lost benefits.
9.9. All disputes arisen between Seller/Service Provider and Customer/Service Recipient, who is not consumer will be submitted to court, which is competent due to head office of Seller/Service Provider.
10. PERSOAL DATA IN ONLINE SHOP
10.1. Administrator of personal data of Service Recipients/Customers collected through Online Shop is Seller.
10.2. Personal data of Service Recipients/Customers collected by administrator through Online Shop are collected – according to will of Service Recipient/Customer – in order to execution of Sales Contract or contract concerning providing Electronic Service.
10.3. Possible recipients of personal data of Customers of Online Shop:
10.3.1. In case of Customer, which uses in Online Shop way of delivery by postal delivery or courier delivery, Administrator makes available collected personal data of Customer to chosen carrier or agent completing deliveries commissioned by Administrator.
10.3.2. In case of Customer, which uses in Online Shop way of electronic payments or payment by payment card, Administrator makes available collected personal data of Customer to chosen subject operating the above payments in Online Shop.
10.4. Service Recipient/Customer is entitled to access to content of own data and to correct them. Demand in this range can be submitted for example:
10.4.1.in writing to address: Usługowa Street 17 15-521 Zaścianki;
10.4.2. in electronic form through e-mail to address: email@example.com
11. FINAL PROVISIONS
11.1. Contracts concluded through Online Shop are concluded in Polish language.