TERMS AND CONDTIONS OF BIKER HOUSE SHOP
- The owner of the service with an online shop, hereafter referred to as “shop” is: SILVER FOX Agnieszka Warchoł, Konrad Porochniak Spółka cywilna (address: ul. Kościuszki 65, 30-114 Kraków), which is registered in Central Registration and Information on Busines under the surveillance of the Ministry of Economy, NIP 9930659235, REGON 363651265, email address: firstname.lastname@example.org, phone number: 530 216 888 (fees charged as per standard connection, for details visit appropriate operator), hereafter referred to as “Seller”.
§I. PERSONAL DATA
- Definitions of the notions used in the Terms and Condtions:
- “Business Day” - is the time from 8:00 am to 5:00 pm, from Monday to Friday, excluding public holidays, according to the Law on days off from work of 18 January 1951 (Dz. U. 1951 No. 4 pos. 28),
- “Delivery company" - a company engaged in a professional road transportation of goods,
- “Client” - is a natural person, legal person or an organizational unit, without legal personality but owing legal capacity, that purchases goods from the Seller,
- "Consumer" - is a natural person making the entrepreneur legal action not directly related to its business or professional activity
- “Logging in” - authentication and authorization of the Recipient in order to give access to the account in online shop,
- “Postal operator "- postal operator in accordance with the meaning of the Act of 23 November 2012. Postal Law (Dz. U. 2012, pos. 1529),
- “Enterpreuner” - is a natural person, legal person or an organizational unit, without legal personality but owing legal capacity, leading in their own business or professional activity, making the legal action directly related to its business or profession,
- “Registration” - the process of setting up an account in the shop,
- “Complaint concerning an item” - is associated with Consumer’s recognition that the item is defective, withdrawal from the contract concluded between a Consumer and the Seller, or request of price reduction, repair or replacement of the item with a new one,
- “Complaint concerning a service” - is any claim of the Recipient granted on the basis of generally applicable laws in connection with the improper performance of services by the Seller
- "Goods" / "Items” - movable property that Client can purchase through the online shop BIKER HOUSE.
- “Traditional written form of contract” - is a paper document including handwritten signature of the author.
- " Service" - a service provided by electronic means in accordance with the meaning of the Act of 18 July 2002 on electronic services (Dz. U. No. 144 of 2002. Pos. 1204, as amended.)
- “Recipient” - entity using the electronic service provided by the Seller,
- “Act on Consumer Rights” - is the Act of 30th May 2014 on Consumer Rights (Dz.U. z 2014 r. poz. 827),
- “User” - an entity using the website www.biker-house.pl, in particular a Client or a Recipient.
§II. REGISTRATION, PLACEMENT OF ORDERS
- All orders can be placed in the online shop 24 hours a day throughout the year.
- To place an order it is necessary to create an account by filling in the online registration form available at the website. Having an account allows a User to govern the addresses and provides with access to their electronic data stored by the shop’s software. The procedure for setting up an account is described in detail in §IX of Terms and Conditions.
- To place an order it is also necessary to fill in the order form available online on the webiste by selecting the preferred method of payment, method of delivery, and also the check-box at the statement of acceptance of the Terms and Conditions (The statement of acceptance of the Terms and Conditions has not absolutely binding character for the User who is a Consumer, because all regulations under Terms and Conditions cannot violate Consumer Rights resulting from the mandatory provisions of Polish law, and cannot shape the rights and obligations of a Consumer contrary to good customs, grossly violating their interests). Next, it is necessary to confirm the content of the order by clicking on the confirmation button (the click on this button implements the sales contract between a Customer and the Seller).
- A receipt is a basic form of purchase confirmation, however, on a Client’s request submitted in the course of the order, it is possible to issue a VAT invoice containing information specified by a Customer during the process of placing an order.
- After the placement of the order, a Customer receives from the Seller a confirmation of the contract via email.
- The price given by an item is binding from the moment when the User places an order.
- All prices given on the www.biker-house.pl are gross-prices and include VAT. If a price is expressed as a net price, it is labaled as a “net price”. The invoice or a Receipt is issued on every sold item, delivered in the traditional written form, together with the purchased item.
§III. TERMS OF PAYMENT FOR PURCHASED ITEMS
- Forms of payment:
- Payment in cash at checkout counter or at delivery courier payment
- Prepayment to the account led by BZ WBK bank specified below: 33 1090 2590 0000 0001 3209 5652.
- The amount of the payment includes the price of items and transportation costs. The transportation costs are defined in the paragraph § IV, and moreover they are displayed in the course of filling the online order form, before the conclusion of the sales contract.
- Upon special request reported in the online order form, a Client can receive proforma invoice, on the basis of which it is possible to make a prepayment.
- Shipping fee shall be borne by a Client.
- A Client receives purchased items along with the invoice or a Receipt.
§IV TERMS OF DELIVERY
- Purchased items are delivered to a Customer, by a representative of the delivery company or through the postal operator, within the territory of Poland only.
- On a Client’s request it is possible to use delivery services of the company different than one indicated by the Seller, on condition that a Client undertakes to cover the costs of such services
- Sending items via delivery company, which does not have a signed contract for the provision of services with the Seller must be preceded by a prepayment of the full amount of the contract value. In such a case a Client personally arranges pick up of the shipment from the Seller.
- If items are not readily available in stock, the term of delivery is given at an item’s card.
- The delivery term is conditioned by: time of handing over of items to supplier and time of delivery.
- The maximum time of handing over of items to supplier takes one business day from the moment of conclusion of the sales contract (in case of payment at delivery method), or one business day from the moment of booking cash on the Seller’s account (in case of banking transfer method).
In the case of the items labeled "ON REQUEST", the maximum delivery time takes 14 business days.
- If a Client cannot pick up shipment from delivery company at any time, before ordering, they should send an information on email address: email@example.com, concerning convenient day and the preferred time of delivery.
- In case of personal pick up, items are available at the warehouse of the Seller, located in a stationary shop. Address: 30-114 Kraków, ul. Kościuszki 65, from Monday to Saturday from 10 am to 6 pm.
- According to the applicable provisions of Polish law, the Seller informs that in the event of any damage during transport, a Client has the right to make a claim against delivery company before the delivery company makes a damage report on its own initiative. If a Client receives a damage report from the delivery company, the Seller recommends to keep this document and send a copy to the address of the Seller, as it may contribute to a more rapid consideration of a Client’s complaint.
- The costs of standard delivery of items:
- parcel delivery with banking transfer payment method up to 300 PLN - delivery cost 10 PLN;
- parcel delivery with banking transfer payment method with more than 300 PLN - delivery cost 0 PLN;
§ V THE RIGHT TO WITHDRAW FROM THE CONTRACT WITHOUT GIVING ANY REASON
- In accordance with the provisions of the Act on Consumer Right, a Client who is a Consumer may withdraw from a distance contract with the Seller without giving reasons, within 14 (fourteen) days from the date of receipt of items. In the event of withdrawal, the contract is considered void.
- A Consumer may submit statement of withdrawal to the Seller in any form.
- When submitting a statement of withdrawal, a Consumer may use the statutory form, which is attached to Appendix 2 to the Act of Consumer Right. The Seller shall provide a model of the form. The form can be sent both by the means of electronic mail (firstname.lastname@example.org) as an attachment file, or traditional mail (on paper) to given address: 30-114 Kraków, ul. Kościuszki 65.
- A Consumer is obliged to return the items to the Seller's address: 30-114 Kraków, ul. Kościuszki 65 within 14 days from the date of withdrawal.
- If a Consumer withdraws from the contract, the Seller returns, within 3 days from the date of witdrawal, all money received as payment (excluding delivery cost), except for the additional costs resulting from Consumer’s choice of delivery method other than the least expensive standard delivery method offered by the Seller. However, according to the article 32 of the Act of Consumer Right, the Seller may withhold the reimbursement of money until they receive the items back or evidence of its return sent by a Consumer, depending on which event occurs first.
- The costs of returning the items to the Seller are not refunded.
- The Seller shall return the payment to a Consumer using the same method of payment which was used by a Consumer, unless the Consumer has expressly agreed to a different way of return, which does not bind for him any costs.
- The Seller politely asks a Consumer, unless it is not a nuisance, to attatch a copy of a receipt or invoice or other proof of the transaction to the statement of withdrawal or the returned goods, because it may help to speed up the refund of money due to a Consumer resulting from the withdrawal from the contract.
- In the event of withdrawal from the contract, the costs of delivery of returned goods shall be borne by a Customer.
- The Seller informs that the right to withdraw from a distance contract without giving a reason is not entitled to a Consumer in relation to the contracts referred to in Article 38 of the Act of 30th May 2014 on Consumer Rights (Dz.U. z 2014 r. poz. 827). The current text of the act is available here: http://isap.sejm.gov.pl/DetailsServlet?id=WDU20140000827. In particular, the right to withdraw from the contract and the right to withdraw from a distance contract without giving a reason is not entitled to a Consumer in respect of following contracts:
- a contract whose object is a non-prefabricated item, manufactured according to Customer’s specifications or in line with specified personalized needs of a Customer;
- a contract whose object is an item which is liable to deteriorate or expire rapidly.
- a contract whose object is an item delivered in a sealed package, which after opening it cannot be returned due to health protection or hygiene reasons, if the packaging
was opened after the delivery;
- a contract whose objects, after the delivery, due to their peculiarity are inextricably fused together.
§VI. COMPLAINTS REGARDING PURCHASED ITEMS
- The Seller is liable to a Client who is a Consumer for the defectiveness of the items within the scope specified by the provisions of the Civil Code, and in particular by the provisions of the warranty (art. 556 - 576 (4) of the Civil Code).
- Notification of complaints can be reported in any form (e.g. traditional paper form sent to address: 30-114 Kraków, ul. Kościuszki 65), (electronic mail: email@example.com).
- The Seller shall promptly provide a reply to a Consumer’s claim within 14 days from its receipt.
- The faulty item should be sent back to the address of the shop: 30-114 Kraków, ul. Kościuszki 65.
- A Consumer may make any claims under the warranty for a period of 2 years from the date of receipt of the item.
- The Seller politely asks a Consumer, unless it is not a nuisance, to attatch a copy of a receipt or invoice or other proof of the transaction to the faulty item, because it may help to speed up the complaint procedure.
- The Seller recommends a Consumer, unless it is not a nuisance, to fill in a complaint form, while making a complaint. It is not necessary to fill in the complaint form, however it may help to speed up the complaint procedure.
- Some of the items received by Customers are covered by the manufacturer or distributor’s guarantee.
- The guarantee which was referred to in the preceding paragraph, does not exclude, limit or suspend the rights entitled to a Customer who is a Consumer by the Seller on the basis of applicable laws of warranty.
- In the case of a contract with a Client who is an Entrepreneur purchasing in the course of their business, The Seller's liability to a Customer under the warranty is excluded.
§VII. PRIVACY PROTECTION, PERSONAL DATA
- The online shop www.biker-house.pl is the Administrator of Clients and Recipients’ personal data.
- The Seller gives particular attention to protect Users’ privacy. The Seller diligently selects and uses appropriate technical and organizational measures to protect the processed data, including the security of a programming character, among other, systems of data encryption. The Users’ personal data is protected by the Seller in accordance with the Personal Data Protection Act of 29 August 1997 (Dz. U. Nr 101 z 2002 r., poz. 926 ze zm.), preventing access to third parties, processing including violation of the law, change, loss, abuse, or destruction of data. The Administrator protects the personal data of Customers and Recipients in accordance with the Regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on documentation of personal data processing, and technical and organizational conditions, which should be fulfilled by devices and computer systems used for processing personal data (Dz. U. of 2004. No. 100, item. 1024).
- Providing any personal data by a User is voluntary.
- The Users can browse www.biker-house.pl and have insight to the content of the website, including the items offered to purchase, without prior registration or providing any personal data.
- The personal data of Customers and Recipients is processed by the Administrator exclusively for the purpose of electronically provided services, execution of contracts of sale concluded through an online shop, issuing invoices or bills, conducting financial reporting and, on User’s separate and conscious consent, to keep User informed about new items, services and discounts available at the shop.
- The Clients have the right to access their personal data, correct it and request for its removal. For this purpose, please contact the Seller by email firstname.lastname@example.org. After logging in, there is also a possibility to modify the data through an account in the shop.
- The BIKER HOUSE shop uses “cookies” files of session, functional and statistical nature. The files are used solely to customize the www.biker-house.pl webiste to the needs of the Users.
- A User has a possibility to disable the option of storing “cookies” files in their web browser. However, the disabling of storage of cookies will cause a decrease of functionality of online shop and, in particular, it will prevent placing an order via online form available at the website, and registration process (creation of an account in the shop).
- Any doubts, questions or requests regarding the processing of personal data of Users should be reported to the e-mail address: email@example.com or by phone at: 530 216 888.
§VIII. ELECTRONIC SERVICES
- The electronic services provided by The Seller are free of charges. The sale of items is not a service provided via electronic means.
- The electronic services provided by the Sellers include:
- providing Users with online registration form available at the www.biker-house.pl
- providing Users with online ordering form available at the www.biker-house.pl
- use of the account at the online shop.
- A Recipient is able, at any time, to terminate all services provided by the Seller, which were elaborated in the preceding paragraph points a and b, by leaving the website: www.biker-house.pl.
- In order to create an account in the shop, it is necessary to click the button called: Log in/Register displayed at the central part of the website: www.biker-house.pl . Next, it is necessary to provide a proper personal data (e-mail, address, name, surname, phone number), create a password, select the check-box at the statement of acceptance of the Terms and Conditions (The statement of acceptance of the Terms and Conditions has not absolutely binding character for a User who is a Consumer, because all regulations under Terms and Conditions cannot violate Consumer Rights resulting from the mandatory provisions of Polish law, and cannot shape the rights and obligations of a Consumer contrary to good customs, grossly violating their interests) and confirm the entry by clicking the appropriate button.
- Providing personal data enlisted in previous paragraph is voluntary but necessary for creation of an account.
- A Recipient is able, at any time, to terminate the services provided by the Seller, elaborated in the paragraph 2 point c, by deleting the account. For this purpose, please contact the Seller by email firstname.lastname@example.org.
- A Recipient can make complaints related to electronic services provided by the Seller via emial (by sending email on email@example.com), or by means of traditional paper form (by sending to given address: 30-114 Kraków, ul. Kościuszki 65)
- The Seller shall promptly provide a reply to a Consumer’s claim related to electronic services within 14 days from its receipt.
§IX THE FINAL PROVISIONS
- In case of any comments on the work of an online shop please contact us at the address indicated in the paragraph §I or e-mail address: firstname.lastname@example.org.
- According to the Act of Trade Inspection of 15 December 2000 (Dz. U. z 2001 r. Nr 4, poz. 25 Nr 110, poz. 1189), in the event of a dispute between the Seller and a Client who is a Consumer, a Client who is a Consumer may submit a request to the Provincial Inspector of Trade to initiate mediation proceedings.
- The competent court for setteling any disputes arising from concluded contracts between Consumers and the Seller in the framework of an online shop is the competent court enlisted in the provisions of the Code of Civil Procedure. According to the Act of Trade Inspection of 15 December 2000 (Dz. U. z 2001 r. Nr 4, poz. 25 Nr 110, poz. 1189), and Regulation of the Minister of Justice on the rules of organization and operation of permanent consumer courts of arbitration of 25 September 2001 (Dz. U. of 2001. No. 113, item. 1214), a Client who is a Consumer may submit a request to the Permanent Consumer Arbitration Court working within the Voivodship Inspectorate for Trade. However, according to paragraph § 15 of before-mentioned regulation, such a request is not binding for the Seller (The seller may or may not to agree on a settlement of the dispute by the Permanent Consumer Arbitration Court).
- The competent court for setteling any disputes arising from concluded contracts between Consumers and the Seller in the framework of an online shop is the court where the Seller registered their office.
- All the cases which are not regulated in the Terms and Conditions are subject to generally applicable provisions of Polish law, in particular the Civil Code and other Acts.
- The provisions of Terms and Conditions neither exclude nor limit any rights of Users including Clients who are Consumers within the meaning of the Civil Code, conferred by common and mandatory provisions of Polish law. In case of conflict between the provisions of the Terms and Conditions and Polish law, a common and mandatory provisions of Polish law always have the priority.
- Any changes of the content of the Terms and Conditions may be introduced only after prior notification of the Users at least 7 days before introduced changes enters into force. The orders placed before introduction of changes will be implemented according to the provisions of the Terms and Conditions before the changes enters into force. If a User does not agree with the content of the changes, they have the possibility to remove an online shop account.
- The Terms and Conditions can be reproduced, saved or downloded from the website: www.biker-house.pl, and printed or saved as .html file on a hard drive disk.
- The Terms and Conditions shall come into effect on 01.01.2016.