Regulations of the Online Store – www.bike2hand.pl
I. General provisions
- These Regulations define the general conditions, method of providing Services by electronic means and sales conducted via the Online Store bike2hand.pl . The shop is run by Soliwer Krzysztof Drabczyński based in Częstochowa, ul. Worcella 13/5, 42-202 Częstochowa, NIP: 949-190-12-94 and REGON: 241607089 hereinafter referred to as the Seller.
- Contact with the Seller takes place via:
- e-mail address: email@example.com;
- contact form available on the Online Store website.
- These Regulations are continuously available on the website www.bike2hand.pl, in a way that enables its acquisition, playback and recording of its content by printing or saving on a carrier at any time.
- The Seller informs that the use of the Services provided electronically may be associated with a threat on the part of every Internet user, consisting in the possibility of introducing malicious software into the Customer’s ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
The terms used in the Regulations mean:
- Working days – these are days from Monday to Friday, excluding public holidays;
- Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in as part of the Online Store or uses other Services available in the Online Store;
- Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific activities within the Online Store;
- Consumer – A customer who is a consumer within the meaning of art. 22  of the Civil Code;
- Entrepreneur – A customer who is an entrepreneur within the meaning of Art. 43  of the Civil Code;
- Carrier – an entity or person delivering the Goods ordered by the Customer;
- Terms and Conditions – this document;
- Product – a product presented in the Online Store, the description of which is available with each of the presented products;
- Contract of sale – Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended. );
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on the provision of electronic services – the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for using the Online Store
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- computer or mobile device with Internet access,
- access to e-mail,
- Internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or later,
- Using the Online Store means any activity of the Customer that leads to him becoming acquainted with the content contained in the Store.
- The customer is obliged in particular to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use of the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
- to use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
- to use any content contained in the Online Store only for personal use,
- to use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or use the “Delete Account” button.
- The customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the registration form or the Order form. The customer may at any time withdraw consent to the sending of commercial information. The contract for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription or to unsubscribe using the link contained in the message sent as part of the Newsletter Service.
- The customer has the option to send a message to the Seller via the contact form. The contract for the provision of the Service consisting in the provision of an interactive form enabling the Customers to contact the Seller is concluded for a definite period of time and shall be terminated upon sending the message by the Customer.
- A customer who has an Account, after logging in to it, has the option to add Goods to the storeroom. Goods added to the vault are assigned to the Customer Account. The contract for the provision of the Service consisting in adding Goods to the storage room is concluded for a definite period of time and shall be terminated when the Goods are removed from the storage room.
- The customer has the option of posting individual and subjective statements relating to, inter alia, to the Goods or the course of the transaction. By adding statements, the customer declares that he has all rights to this content, in particular copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.
- Statements should be clear and understandable, and must not violate applicable law, including the rights of third parties – in particular, they must not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are disseminated on the websites of the Online Store.
- By posting the statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as the preparation of works within the meaning of the Act on copyright and related rights (Journal of Laws 1994 No. 24 item 83). li>
- The customer can evaluate the quality of the Goods using a five-point scale appearing in the Online Store in the form of stars, with the best quality being rated five stars and the weakest one star. The contract for the provision of the Service consisting in assessing the quality with the help of stars awarded in the Online Store is concluded for a definite period of time and is terminated when the assessment is added.
- The Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Store’s websites each time. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
- In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after an unsuccessful call to stop or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for the conclusion of the Sales Agreement
- Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.
- All Goods available in the Online Store are as described and have been legally placed on the Polish market.
- Actions aimed at concluding the Agreement by the Entrepreneur, and in particular placing an Order, may only be performed by persons duly authorized to act on behalf of the Entrepreneur. It is assumed that the person placing the Order is a person authorized by the Entrepreneur for these activities.
- The condition for placing an Order is having an active e-mail account.
- In the case of placing an Order via the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer, if the Seller sends a confirmation of acceptance for the Order execution to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and a Sales Agreement is concluded upon its receipt by the Customer.
- The contract is concluded when the Customer who is a Consumer (in response to the confirmation of the terms of the Order sent by the Seller) sends an e-mail to the Seller’s e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its implementation and accepts the content Of the Regulations and confirms that it has read the instructions on withdrawal from the Agreement.
- The sales contract is concluded in Polish or English, with the content in accordance with the Regulations.
- The seller, according to his choice, sends a declaration of withdrawal from the Agreement referred to in point 13 above, by e-mail to the e-mail address provided by the Customer in the Order
- The delivery of the Goods is limited to the territory of the European Union, Switzerland and the UK and is carried out to the address provided by the Customer when placing the Order.
- Subject to point 2 above, the Customer may choose the following forms of delivery of the ordered Goods:
- via a courier company;
- pickup at the Seller’s personal pickup point.
- Subject to the provisions regarding Entrepreneurs, the Seller informs the Customer about the number of Working Days needed to complete the Order and its delivery on the Store’s websites in the description of the Goods, as well as the amount of fees for the delivery of the Goods.
- The date of delivery and execution of the Order is counted in Working Days in accordance with point VII point 2.
- The seller provides the customer with a proof of purchase.
- If for the Goods covered by the Order, a different period of implementation is provided for, the longest period of the period shall apply to the entire Order.
- Upon the release of the Goods being the subject of the Order placed by the Entrepreneur to the Carrier or directly to the Entrepreneur, in the case of personal collection of the Goods, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item are transferred to the Entrepreneur.
- Delivery is made on Working days. The Seller may individually arrange a delivery with the Entrepreneur on days other than Business Days.
- The delivery of the Goods to the Client who is an Entrepreneur will take place on the date indicated by the Seller.
- After receiving the delivery of the Goods, the Entrepreneur is obliged to check their condition. In the event of damage or other objections during the receipt of the Goods by the Entrepreneur, a protocol of objections should be drawn up in the presence of the Carrier, specifying precisely the number and type of Goods and their damage in accordance with the procedure applicable to the given Carrier.
- The Seller, in relation to the Customer who is an Entrepreneur, is not responsible for the actions of the Carrier.
- The Seller, in relation to the Customer who is an Entrepreneur, is not responsible for damages resulting from incorrect or incomplete data provided by the Customer when placing the Order, as well as caused by incorrectly providing contact details or the receipt address.
- It is assumed that the person collecting the Goods on behalf of the Entrepreneur is a person authorized by him to collect the delivery and sign the delivery note on his behalf, as well as to perform other related activities.
- In the event of a single failure to collect the ordered Goods by the Entrepreneur, if they were delivered via the Carrier, or failure to collect them within 7 days of receipt of the notification about the readiness of the Goods for collection at the Seller’s personal collection point, the Seller may, at his option, set a different date for the Entrepreneur receipt or delivery of the Order or terminate the Agreement with the Entrepreneur immediately or withdraw from the Agreement, on the terms set out in these Regulations. In addition, the Entrepreneur is obliged to pay the costs incurred by the Seller for failure to collect the Goods referred to in this point and the cost of shipping the Goods.
- The Entrepreneur undertakes to pay all costs incurred by the Seller for failure to collect the ordered Goods by the Entrepreneur.
- The Seller is not responsible for any damage caused by the Entrepreneur as a result of waiting for loading with transport organized by the Entrepreneur, as a result of failure to comply with the date of receipt of the Goods indicated in the Order or specified by the Seller
VII. Prices and payment methods
- The prices of the Goods are given in Polish zlotys, euro as selected by the Customer and include all components, including VAT, customs duties and other fees.
- The customer can choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer, and the shipment will be made immediately after the funds are credited to the Seller’s bank account and the Order is completed);
- cash on delivery, payment by the supplier when making the delivery (in this case, the implementation of the Order and its shipment will begin after the Seller sends the Customer confirmation of the Order and completing the Order);
- electronic payment (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and the shipment will be made immediately after completing the Order). li >
- Some Customers who have an Account, who are Entrepreneurs on a permanent basis cooperating with the Seller, after logging in to the Account, have the option to choose the method of payment for the Order including the contractually deferred payment date. In this case, the implementation of the Order will start after the Seller sends the confirmation of the Order acceptance to the Entrepreneur, and the shipment will be made immediately after completing the Order.
- The Seller on the Store’s website informs the Customer about the date on which he is obliged to pay for the Order. Subject to sub-item 12 below, in the event of non-payment by the Customer within the time limit referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with the appointment of an appropriate deadline, may withdraw from the Agreement pursuant to art. 491 of the Civil Code.
- The Seller may individually agree on a payment date with the Entrepreneur.
- The Entrepreneur will not deduct or deduct the amounts claimed or due from the Seller under any other obligation that binds him to the Seller or from the remuneration due to the Seller from the Customer, unless the Parties have agreed otherwise under separate arrangements.
- The Seller has the right to suspend the execution of the Orders or the delivery of the Goods or may withdraw from the Agreement in whole or in part, in the event of delay in payments by the Entrepreneur to the Seller. In this respect, the Entrepreneur is not entitled to any current or future claims for damages or lost profits that may arise in connection with the suspension of deliveries.
VIII. The right to withdraw from the Agreement
- The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The customer may formulate the statement on his own or use the template of the statement provided by the Seller on the Store’s website.
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.
- The Seller, upon receipt of the declaration of withdrawal from the Agreement by the Consumer, will send to the Consumer’s e-mail address confirmation of receipt of the declaration of withdrawal from the Agreement.
- The right to withdraw from the Agreement by the Consumer is excluded in the event of:
- for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed prior to the commencement of the provision that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement;
- Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
- for an agreement where the subject of the service are non-prefabricated Goods, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- For an agreement where the subject of the service are Goods that deteriorate quickly or have a short shelf-life;
- for an agreement where the subject of the service are Goods delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
- for an agreement where the subject of the service are products that after delivery, due to their nature, remain inseparably connected with other items;
- for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; li>
- for an Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or Goods;
- for an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
- A contract concluded by public auction;
- Contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; li >
- Contracts for the supply of digital content that are not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the Agreement and after informing the Seller about the loss of the right to withdraw from the Agreement.
- In the event of withdrawal from a Distance Agreement, the Agreement is considered void. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve the Consumer at any cost. The Seller may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer himself.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about the Goods under the warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms of art. 556 – 576 of the Civil Code.
- Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be directed to the address Soliwer Krzysztof Drabczyński, ul. Fort Piłsudskiego 22/3, 02-704 Warsaw, to the e-mail address: firstname.lastname@example.org.
- In order to consider the complaint, the Customer should send or deliver the Goods complained about, if possible by attaching the proof of purchase to it. The goods must be delivered or sent to the address indicated in point 3.
- The seller undertakes to consider each complaint within 14 days.
- In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary, immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
- In relation to Clients who are Entrepreneurs, the warranty is excluded.
- The Seller shall not be liable to the Entrepreneur, in particular in the event of storing, transporting or using the Goods inconsistently with the information contained in the description of the Goods, the labels of the Goods.
- The Seller’s liability for lost profits towards the Entrepreneur is excluded.
- Any liability of the Seller under the Contract of Sale or provision of Services to the Customer is limited to half of the amount resulting from the last Order placed by the Customer.
- Entrepreneurs are not entitled to any claims against the Seller due to claims of third parties resulting from the use of the Goods.
X. Complaints regarding the provision of electronic services
- The customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted to the e-mail address: email@example.com.
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
- Goods may carry a manufacturer’s warranty.
- In the case of the Goods covered by the guarantee, the information on the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods on the Store’s websites.
XII. Out-of-court complaint and redress methods
- The Customer who is a Consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
- is entitled to refer to the permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement;
- is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) . Advice is provided by the Consumer Federation at the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address: firstname.lastname@example.org;
- submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/ odr / .
- The Customer who is a Consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
XIII. Intellectual property
- The Customer being an Entrepreneur undertakes not to use the trademarks, trade marks or symbols of the Seller without the prior consent of the Seller.
- Any drawings, specifications, technical sheets, advertising materials or other materials made available by the Seller to the Customer or publicly are the sole property of the Seller. The customer will not make changes to these materials without the prior consent of the Seller.
- The entrepreneur, on his own or on the basis of an appropriate authorization, grants the Seller a free, non-exclusive and unlimited in time and territory license for the Entrepreneur’s business logotype to use it for the Seller’s own purposes in the following fields of use: recording, reproduction by any technique, introduction of a work to computer memory and computer network, public display or playback on the Internet, in particular on the Seller’s websites.
- The customer agrees to include the above-mentioned data in the list of the Seller’s customers, available, inter alia, the Seller’s websites.
XIV. Personal data protection
XV. Final provisions
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
- Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Any matters and disputes arising from Orders or contracts concluded between the Seller and the Entrepreneur, in particular related to the establishment of the existence of a legal relationship between the Seller and the Entrepreneur, its performance, termination, cancellation and claims for damages due to non-performance or improper performance of the Order or Agreements are subject to the exclusive jurisdiction of the competent courts of the Republic of Poland and Polish law.
- The only court competent to settle any disputes arising from Agreements or the implementation of Orders concluded between the Seller and the Entrepreneur will be settled by the court competent for the seat of the Seller.
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
- Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement. Amendments to the Regulations come into force for Clients who are Entrepreneurs on the day of their publication on the Store’s website. The changes do not apply to Orders placed before the date of entry into force of the Regulations.