TERMS AND CONDITIONS OF THE VELOVE ONLINE STORE
These Regulations specify the general conditions, rules and manner of sales conducted by Kacper Abramowicz conducting business activity under the company VELOVE Kacper Abramowicz based in Michałowice, via the online store at: www.velove.pl (hereinafter: the "Online Store ") And defines the terms and conditions for the provision of free electronic services by Kacper Abramowicz conducting business activity under the company VELOVE Kacper Abramowicz.
§1 General Provisions
1. The terms used in the Regulations mean:
A. Store Website - means the websites at which the Seller runs the Online Store, operating in the domain www.velove.pl,
B. Seller - Kacper Abramowicz running a business under the company VELOVE Kacper Abramowicz at ul. Wojska Polskiego 11, 05-816 Michałowice, based on an entry in the Central Register and Information on Economic Activity with the NIP number: 534 22 78 540, REGON: 146005412
C.C. Customer - an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal regulations;
D. Consumer - a natural person making a legal transaction with an entrepreneur not directly related to his business or professional activity;
E. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account Maintenance service, containing data on transactions carried out and an instrument for the implementation of orders placed by the Customer.
F. Working days - days of the week from Monday to Friday, excluding public holidays.
G. Regulations - means these regulations.
H. Registration - means an actual act carried out in the manner specified in the Regula-tions, required for the Customer to use all the functionalities of the Online Store.
I. Password - means a string of letters, numbers or other characters selected by the Cus-tomer during Registration in the Online Store, used to secure access to the Customer Ac-count in the Online Store.
J. Sales contract - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
K. Delivery - means the actual act of delivering to the Customer by the Seller, via the Sup-plier, the Goods specified in the order.
L. Supplier - means a courier company with which the Seller cooperates in the scope of Delivery of Goods.
M. Goods - means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
N. Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a time appropriate for the purposes for which this information is used, and which allows the stored information to be restored unchanged.
2. Contact with the Online Store is possible by phone at (+48) 662 042 522 or by e-mail: biuro@velove.pl.
3. All complaints, questions and applications should be directed to the Seller's address. The preferred method of communication with the customer is e-mail. The e-mail address to which correspondence should be sent is: biuro@velove.pl.
4. The Online Store does not make contact by fax.
5. Promotions cannot be combined.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, Store Website, as well as to templates, forms and photos presented on the Store Website for the purposes of presenting Goods belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller will endeavour to make the use of the Online Store possible for Internet users using all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements enabling the use of the Online Store Website are an Internet browser at least Internet Explorer 11 or Chrome 66 or Firefox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting "cookies" and an internet link with throughput of at least 256 kbit / s. The Store's website is responsive and dynamically adapts to any screen resolution.
3. The Seller uses the mechanism of 'cookies', which when Customers use the Online Store Website, are saved by the Seller's server on the hard disk of the Customer's terminal device. The use of 'cookies' is aimed at the correct operation of the Online Store Website on the clients' end devices. This mechanism does not damage the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of their terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Online Store Website.
4. In order to place an order in the Online Store via the Online Store Website and to use the services provided electronically via the Online Store Website, the Customer must have an active e-mail account.
5.It is prohibited for the Customer to provide illegal content and the Customer to use the Online Store, Shop Website or free services provided by the Seller in a manner contrary to the law, decency or violating personal rights of third parties.
§ 3 Registration
1. In order for the proper functioning and opening of Customer Account you will need;
- active email account
- A device with internet access
- Web browser which uses JavaScript and cookies
2. In order to create a Customer Account, the Customer is obliged to register free of charge
3. Registration is not necessary to place an order in the Online Store.
4. In order to register, the Customer should complete the registration form provided by the Seller on the Store Website and send the completed registration form electronically to the Seller by selecting the appropriate function on the registration form. During Registration, the Customer sets an individual Password.
5. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
6. During Registration, the Customer may voluntarily consent to the processing of his per-sonal data for marketing purposes by checking the appropriate box on the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about known Sellers or expected recipients of this data.
7. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate statement by the Customer to the Seller. The statement may, for example, be sent to the Seller's address by e-mail.
8. After sending the completed registration form, the Customer immediately receives, by e-mail to the e-mail address provided in the registration form, the confirmation of Registra-tion by the Seller. At the moment, the contract for the provision of the Customer Account Maintenance service is concluded, and the Customer gains the ability to access the Cus-tomer Account, view the history of orders placed by the Customer, check the status of the order or edit the data provided during Registration.
9. The Customer may cancel the Account at any time without incurring any costs.
§ 4 SHOPPING IN THE STORE
1. The prices on the Store Website posted next to a given Good are gross prices, including VAT and do not contain information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, of which the Customer will be informed when choosing Delivery method and order placement.
2. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
3. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
4. The Goods selected for purchase should be added to the basket in the Store.
5. Then the Customer chooses from the Store's available methods of delivery and pay-ment method for the order, and also provides the data necessary to complete the order.
6. The order is placed upon confirmation of its content and acceptance of the Regulations by the Customer.
7. Placing an order is the submission by the Customer of an offer to the Seller to conclude a Contract for the Sale of Goods being the subject of the order.
8. After placing the order, the Seller sends to the e-mail address provided by the Customer confirmation of its submission.
9. Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for implementation. Information about the acceptance of the order is a statement of the Seller about the acceptance of the offer referred to in §4 paragraph 7 above and upon its receipt by the Customer a Sales Agreement is concluded.
10. The Seller will provide the Customer with confirmation of the conclusion of the Sales Agreement on a durable medium upon delivery of the goods.
11. Goods, which are bicycles purchased in the Store, are sent via courier in cardboard boxes (approximate dimensions: 100 cm x 65 x 25). Each bike requires a turn by the cus-tomer before putting it to use. When preparing the bike for use, the Customer should pay special attention and exercise due diligence and follow the instructions attached. In the event of problems with the preparation of the bike for use, the Customer may use the as-sistance of the Seller's employees by phone or email.
§ 5 PAYMENTS
1. You can pay for your order, depending on your choice:
a. By ordinary transfer to the Seller's bank account (in this case, the order will be pro-cessed after the Seller has sent the Customer confirmation of the order and after the funds have been credited to the Seller's bank account).
b. by bank transfer via an external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the implementation of the order will begin after the Seller sends the Customer confirmation of the order and after the Seller receives information from the PayPal system that the Customer has made the payment).
c. by bank transfer through an external payment system Przelewy24.pl, operated by PayPro S.A. Settlement Agent based in Poznań (in this case, the implementation of the order will be commenced after the Seller sends the Customer confirmation of the order and after the funds have been credited to the Seller's bank account);
2. The order in the amount resulting from the concluded Sales Agreement must be paid within 3 Business Days of placing the order at the latest.
3. The Seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only immediately after placing the order.
4. In the event of the Customer failing to make the payment within the time limit referred to in §5 para. 2 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The infor-mation about the additional payment deadline also contains information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send to the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.
§ 6 ORDER COMPLETION
1. The seller is obliged to deliver the goods without defects.
2. The Seller shall publish on the Store's Website information on the number of Business Days needed for Delivery and order processing.
3. The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 1 of the Regulations.
4. In a situation where, under one order, the Buyer purchased Goods with different deliv-ery dates, the order will be processed within the time limit applicable to the Goods with the longest delivery time.
5. Goods are delivered only within the territory of the Republic of Poland.
6. The ordered Goods are delivered to the Customer via the Supplier to the address indi-cated on the order form.
7. In exceptional cases, the Buyer may collect the goods in person, after prior arrangement by e-mail or telephone with the Seller, the place of collection.
8. If the Buyer chooses personal collection, the goods will be ready for collection by the indicated date of order completion, and if the Seller has indicated the date of sending the goods - by this date.
9. On the day the Goods are sent to the Customer, information confirming the shipment by the Seller shall be sent to the Customer's e-mail address.
10. The customer is obliged to examine the delivered parcel in time and in the manner adopted for parcels of a given type. In the event of a defect or damage to the parcel, the Customer has the right to require the Supplier's employee to draw up a proper report.
11. The Seller, in accordance with the will of the Customer, attaches a VAT invoice to the delivered goods to the delivered Goods.
12. In the event of the Customer's absence at the address indicated by him when submit-ting the order as the Delivery address, the Supplier's employee will leave a notice or at-tempt to contact us by phone to determine the date on which the Customer will be present. In the event of a return return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting the date and cost of the Delivery again with the Customer.
§ 7 RIGHT TO WITHDRAW FROM A SALES CONTRACT
1. The Customer who is a Consumer who has concluded a Sales Agreement, subject to § 8 of the Regulations, may withdraw from it within 14 days without giving a reason.
2. The deadline to withdraw from the contract expires after 14 days from the day:
a. In which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
b. In which the Consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of many items that are delivered separately.
3. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the Contract of Sale by means of an unequivocal statement (for example, a letter sent by post or information sent by e-mail).
4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via e-mail.
5. To meet the deadline for withdrawing from the Sales Agreement, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawing from the Agreement by electronic means to the address biuro@velove.pl.
EFFECTS OF WITHDRAWING FROM THE CONTRACT
6. In the event of withdrawal from the Sales Agreement, it is considered void.
7. In the event of withdrawal from the concluded Contract of Sale, the Seller shall refund to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs arising from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller), immediately and in in each case not later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal from the Sales Agreement.
8. The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the day on which he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods to the Seller's address before the deadline.
9. In the event of withdrawal, the Customer who is a Consumer shall bear only the direct costs of returning the Good. If, due to its nature, the Goods cannot be returned by ordinary mail, the Seller informs the Consumer about the costs of returning items on the Store's Website.
10. The reimbursement of payments shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
11. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Good or until proof of its sending is provided, depending on which event occurs first.
12. The seller asks you to return the goods to the following address: Kacper Abramowicz, ul. Żupnicza 18a / 54, 03-821 Warsaw, immediately, and in any case not later than 14 days from the day on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the consumer sends the goods back within 14 days.
13. The consumer is only responsible for reducing the value of the Good resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Good.
§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. The right to withdraw from a Distance Sale Agreement in accordance with Article 38 of Consumer Law is not entitled to the Consumer in relation to the Sale Agreement, in particular:
a. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.
b. In which the subject of the service is an item subject to rapid deterioration or having a short shelf life.
c. In which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery.
d. In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
e. In which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline to with-draw from the Contract of Sale.
§ 9 WARRANTY AND COMPLAINTS
1. The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Good has a physical or legal defect (warranty). In the event of a defect in the Good, the Customer may complain about the defective Good under the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
2. Using the warranty, the Customer may, on the terms and within the time limits specified in the Civil Code:
a) submit a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the Defective Product with a non-defective Product or re-moves the defect. This limitation shall not apply if the Good has already been re-placed or repaired by the Seller or the Seller failed to satisfy the obligation to re-place the Good with a good free from defects or to remove defects. Instead of re-placing the defect proposed by the Seller, the Customer may request replacement of the Product for one free of defects or instead of replacing the Good, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the Good free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
b) demand replacement of the defective Product with one free of defects or removal of the defect. The seller is obliged to replace the defective product with a product free of defects or remove the defect within a reasonable time without undue inconvenience to the cus-tomer. The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Contract in the manner chosen by the Customer is im-possible or would require excessive costs in comparison with the second possible method of compliance with the Contract of Sale. The cost of repair or replacement is borne by the Seller.
3. The Customer who wants to exercise the warranty rights should contact the Seller by sending a message to the electronic address indicated in § 2 of the Regulations. is obliged to deliver the defective item to the Seller's address.
4. If it turns out that in order to consider a complaint under the warranty it is necessary to deliver the complained Good to the Seller, the Buyer is obliged to deliver this good, in the case of a Consumer at the Seller's expense, to the following address: Kacper Abramowicz, ul. Żupnicza 18a / 54, 03-821 Warsaw.
5. If an additional warranty has been granted for the Goods, information about it and about its conditions is available in the product description on the Store's Website.
6. Complaints regarding the use of free electronic services provided by the Seller should be directed to the e-mail address provided in § 2 of the Regulations. In the complaint, the Customer should include a description of the problem.
7. The complaint shall be considered by the Seller within 14 days and shall provide the Customer with an answer.
EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
8. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to settle disputes out of court. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
a. Mediation conducted by the appropriate Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free. The list of Inspec-torates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. Assistance of the competent amicable consumer court operating at the Provincial In-spectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. Free assistance from the municipal or poviat Consumer Ombudsman.
d. The Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer's personal data are processed on the basis of the contract and for its imple-mentation, in accordance with the principles set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and re-pealing Directive 95/46 / EC (Journal of Laws EU No. 119, p. 1) (hereinafter: "GDPR").
3. Detailed information on data processing by the Seller is included in the Privacy Policy posted on the Store's Website.
§ 11 Free services
1. The Seller provides electronically free services to Customers:
a) Newsletter;
b) Keeping a Customer Account.
2. Services specified in §11 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to selected listed services, about which he will inform the Customers in a manner appropriate to amend the Regulations.
4. The Newsletter service may be used voluntarily by every Customer who enters his e-mail address using the registration form provided by the Seller on the Store's Website. After sending the completed registration form, the Customer immediately receives, via e-mail, the activation link provided in the registration form, to confirm subscribing to the Newsletter subscription. Upon activation of the link by the Customer, a contract for the electronic provision of the Newsletter service is concluded.
5. The Customer may additionally, during Registration, check the appropriate box in the registration form to subscribe to the Newsletter service.
6. The Newsletter service consists in sending by the Seller, to the e-mail address, an elec-tronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
7. Each Newsletter addressed to given Customers includes, in particular: information about the sender and information on the possibility and method of unsubscribing from the free Newsletter service, as well as a link to unsubscribe.
8. The Customer may at any time unsubscribe from receiving the Newsletter, without giv-ing a reason and incurring any costs, at any time by unsubscribing via the link provided in each electronic message sent as part of the Newsletter service referred to in paragraph 5 or by sending a message to the e-mail address of the Seller: biuro@velove.pl.
9. The Customer's use of the link to unsubscribe from the Newsletter or sending a mes-sage requesting unsubscription from the Newsletter will result in immediate termination of the contract for the provision of this service.
10. The Customer Account Maintenance service is available after Registration on the terms described in the Regulations and consists of providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed .
11. The Customer who has registered may resign from maintaining the Seller's Customer Account at any time without incurring any costs. In order to resign from Customer Account Maintenance, please send your resignation to the Seller to the e-mail address: biuro@velove.pl, which will result in immediate deletion of the Customer Account and termination of the Customer Account Agreement.
12. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, the Customer violates the law or the Regulations, as well as when blocking access to the Customer Account and free services is justified security reasons - in particular: breaking the security of the Store's Website by the Customer or other hacker activities. Blocking access to the Customer Account and free services for these reasons continues for the period necessary to resolve the issue underlying the blocking of access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
13. Complaints about the Newsletter and the functioning of the Customer Account should be reported to the Seller to the e-mail address: biuro@velove.pl. The complaint will be reviewed by the Seller within 14 days.
§ 12 Termination of the contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of elec-tronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above. contract and provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of distance communication, enabling the Seller to read the Customer's declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
§ 13 RESTRICTIONS
1. Agreements concluded on the basis of these Regulations are concluded in Polish.
2. None of the provisions of these Regulations excludes or in any way limits the consum-er's rights under the law.
3. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for implementation before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the day the order was placed by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Online Store Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment of the Regulations by means of an email sent containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in the termination of the contract for the provision of electronic services in accordance with the provisions of § 12 of the Regulations.
4. The Regulations shall enter into force on ......
§ 14 PROVISIONS CONCERNING NON-CONSUMER CUSTOMERS
1. The right to withdraw from a Distance Purchase Agreement is not entitled to an entity other than the Consumer.
2. Any liability of the Seller towards the Buyer who is not a Consumer is excluded. In ac-cordance with art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product to the Customer who is not a consumer is excluded.
3. In the event of a dispute with a Customer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
WITHDRAWAL FROM THE CONTRACT FORM
(Fill out this form and send it back provided that you want to withdraw from a contract)
VELOVE Kacper Abramowicz
ul. Wojska Polskiego 11,
05-816 Michałowice
biuro@velove.pl
- I ................................................ ......................... hereby I inform you of my withdrawal from the contract of sale of the following items: .............. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ............ ...................................... .................................................. .................................................. ......................... ......................... .................................................. .................................................. ...................................... ............ ....................
- Date of receipt ............................................... .................................................. .................................................. ................ .................................. ....
- Name of Consumer (s) .......................................... .................................................. .................................................. .....................
- Consumer (s) address ............................................ .................................................. .................................................. ................... ............................... .................................................. .................................................. ................................ .................. .................................................. .................................................. ............................................. ..... .........
- Signature of the Consumer (s) (only if the form is sent in paper version)
Date ............................................ (*) Delete where not applicable .