TERMS AND CONDITIONS OF THE ONLINE STORE
“Artii Moto Customs”
§ 1. General provisions
- These regulations, hereinafter referred to as “Regulations”, define the rules for using the online store located at the URL https://www.artii.pl hereinafter referred to as the “Store”.
- The shop is run by ARTIA MOTO-CUSTOMS Artur Bosak with its seat: Piątkowiec 4B, 39-308 Piątkowiec, with NIP number 8171205865 , hereinafter referred to as the “Administrator”.
- Store address and contact details: internet address – www.artii.pl e-mail – firstname.lastname@example.org, telephone +48 600 212 527 correspondence address – Piątkowiec 4B, 39-308 Piątkowiec
- Each person should read the Regulations before using the Store.
- Making purchases in the Store requires the Customer to have an active and functional e-mail account.
§ 2. Definitions
The terms used in the Regulations mean, respectively:
- Store – an online store operating at www.artii.pl, selling products at a distance.
- Customer – each entity purchasing in the Online Store in accordance with the Regulations, including the Consumer and the Entrepreneur.
- User – any entity using the Internet that enters the Store’s website.
- Customer Account – a field containing data on transactions and an instrument used to execute orders placed by the Customer.
- Newsletter – a service provided by the Online Store to Users who have agreed to receive the Newsletter for them, consisting in sending such Users any information about the operation of the Online Store after the User voluntarily provides their e-mail address, name and surname. < / li>
- Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- Entrepreneur – a natural person, legal person or entity without legal personality, performing a legal transaction on its own behalf as part of business or professional activity.
- Working days – days of the week from Monday to Friday, excluding public holidays.
- Regulations – this document specifying the terms and conditions of using the Online Store and purchasing products there.
- Registration – voluntary provision of data by the Store’s Customer consisting in completing the form available on the pages of this Store.
§ 3. Types and scope of the Store’s activity
- Through the Store, the range of motorcycle parts and accessories is sold remotely via the Internet.
- Items on offer are either new or handmade.
§ 4. Technical requirements
- For the proper and uninterrupted use of the Store, the Customer’s station / terminal device should meet the following minimum technical requirements:
- active internet connection,
- enabled acceptance of cookies and Java Scripts
- active e-mail address
- The store is not obliged to provide the above devices and / or software.
- The installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the Customer and the licensor.
- The website of the store is adjusted to the screen resolution of 320px – 2560px
§ 5. Purchasing rules
- The shop, before confirming the purchase, provides the Customer with the following information:
- a detailed description of the product and its features;
- the total price of the products ordered including taxes, as well as charges for transportation, delivery or postal services and summarizing the total amount of the order with the selected delivery option
- regarding the method and date of payment
- on the manner and date of performance by the entrepreneur.
- The purchase of the Product does not require registration in the Store
- Placing an order is done using the form available on the store’s website in the shopping cart summary, in which the customer provides the following data:
- Name or company name
- Email address
- Phone number
- PESEL or NIP number
- Shipping address
- The customer places an order after reading the information specified in shop’s regulations and the information indicated in sec. 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the “Buy and pay” button. After reading the collected information specified for a given Customer’s order, the Customer expresses the will to be bound by the contract by pressing the “Buy and pay” button
- All prices on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.
- The store undertakes to deliver items free from defects.
- The order is considered accepted for execution after the Store confirms the acceptance of the order placed by the Customer.
- confirmation of the order is sent automatically after the order has been placed by the customer;
- The store may suspend the acceptance of the order in the event of doubts as to its truthfulness or reliability data indicated by the Customer in the registration form. In this case, the Store will immediately contact The client to clarify the doubts in question.
- In the event of unavailability of some of the products covered by the order, the customer is immediately informed. The customer decides whether the order is to be partially processed or canceled in full.
- The Customer and the Store are bound by the Product price in force at the time the order is placed.
- The Store accepts the following payment methods:
- cash on delivery payment on delivery delivered by the postal operator or courier,
- regular transfer,
- electronic payment system.
- The payment deadline is 7 days from receiving the order
- The contract is deemed to be concluded upon confirmation of the order in the case of payment on delivery or upon payment by the Customer, after prior confirmation of the order acceptance.
- Ordered goods are shipped within 7 working days:
- from the entry of the amount due for the product in the case of choosing the payment in advance,
- from order confirmation to be processed in the case of payment on delivery
- Shipments are sent via courier, Poczta Polska or to InPost parcel lockers.
- Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination place of delivery.
- In the case of ordering several pieces of goods, the goods are usually packed collectively in one shipment, unless, by choosing the delivery method, the Customer indicates a different packaging method and selects separate delivery options for each product.
- The customer will be notified by e-mail about sending the goods. When selecting a courier service, the Customer will receive a tracking number by e-mail.
- The maximum delivery date according to the Consumer Rights Act is 30 days. If the deadline indicated in the preceding sentence is exceeded, the Consumer has the right to appoint additional time for the seller. If the goods are still not delivered, the Customer may withdraw from the contract.
- If the goods are to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The release of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
- The shop provides an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
- A receipt confirming the purchase is sent with the Product. At the customer’s request, a VAT invoice is issued. The customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:
- Name / company,
- Address of residence / seat,
- NIP number (for companies), PESEL number (natural persons),
- Order number
- Correspondence address
Each registering and / or ordering Customer agrees to receive to the address provided by him
e-mail of information related to the course of the transaction, notifications about changes to these Regulations.
- Other information regarding the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and promoting the products of the Administrator’s partners will be sent only to those Customers who have given their consent.
§ 6. Complaints
- Within Complaints Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights (Journal U. 2014, item 827 of June 24, 2014).
- The Store is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:
- does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from
circumstances or destination;
- does not have properties that the Store has provided the Customer with, including presenting a sample or pattern;
- is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections
as to its destiny;
- was delivered to the Client incomplete.
- does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from
- Complaints regarding the ordered goods may be submitted by e-mail to the address email@example.com or by registered mail to the address Piątkowiec 4B, 39-308 Piątkowiec
- To facilitate the submission of complaints, at the URL https://artii.pl/wp-content/themes /artii_theme/formularz_reklamacji.docx there is a sample complaint form. The use of this form is optional.
- When submitting a complaint, please provide the following data: Customer’s name and surname, address, data enabling the identification of the sale (e.g. login, order number, transaction date), subject and reason for the complaint, contact details.
- When specifying the manner of fulfilling the Store’s obligations in terms of the submitted complaint regarding the occurrence of physical or legal defects of the goods, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces defective item free from defects or the defect will be removed. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
- If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or would require excessive costs in compared to the method proposed by the Store. When assessing the excess of costs, the value of the defect-free item, 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.
- The reduced price should be in such proportion to the price resulting from the contract as the value of the defective item to the value of the item without a defect.
- The customer may not withdraw from the contract if the defect is irrelevant.
- Complaints submitted by the customer will be considered within 14 days of their notification. Failure to make a statement within this period shall be deemed recognition of the claims made by the Customer.
- The customer will be notified of the settlement of the complaint in the same way as the complaint was sent, unless the customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.
- In the event of a positive settlement of the complaint, the Store sends to the Customer Goods free from defects or with a defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons indicated in sec. 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the product price, increased by shipping costs.
- The right to the warranty is excluded for Customers purchasing as Entrepreneurs.
§ 7. Withdrawal from the contract
- In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827). The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To comply with the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry. The store allows the possibility of submitting a declaration of withdrawal from the contract by e-mail to the following address: firstname.lastname@example.org. After receiving the statement electronically, the Store immediately will send to the Customer who is a consumer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract. The declaration may be submitted on the form, the template of which has been posted at the URL https://artii.pl/wp-content /themes/artii_theme/formularz_zwrotu.docx and will be attached by the Store in a paper version to the shipment of the product. The use of this form is optional.
- In accordance with Art. 38 of the Consumer Rights Act, the right to withdraw from a distance contract, in accordance with the Act, is not entitled to the consumer in the following cases:
- for the provision of services, if the entrepreneur has fully provided the service with the express consent of the consumer who stayed informed before the commencement of the service that he will lose the right after the entrepreneur has fulfilled the service withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur does not exercise controls, and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specification or to meet his individual needs;
- in which the subject of the service are items that remain after delivery, due to their nature inseparable from other things;
- In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: Piątkowiec 4B, 39-308
Piątkowiec or give it to a person authorized by the Store to receive it immediately, but not later than 14 days
from the date on which he withdrew from the contract, unless the Store offered to pick up the goods himself. The returned goods should be pack it in such a way that it cannot be damaged during transport.
- If the Customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the Customer.
- In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him in the form of a COUPON , immediately, and in any case no later than 14 days from the date on which the Store was informed of the Customer’s decision to exercise his right of withdrawal from the contract with the Store.
- The Shop shall refund the payment by issuing a CUPON in the amount of 100% of the value of the item, excluding delivery costs, unless the value of the item has decreased.
- The consumer is responsible for the diminished value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
- The store may withhold the refund until it has received the returned Goods (items) or until it has provided proof of return of these goods in connection with the withdrawal, depending on which event occurs first.
- If the Customer who is a consumer has chosen a method of delivery of the thing (goods) other than the cheapest ordinary method of delivery offered by the trader, (applies to the method of the original delivery to the Customer) the trader is not obliged to reimburse the Customer for the additional costs incurred by him.
§ 8. Final provisions and description of the possibility of using out-of-court complaint handling methods i
- The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer due to mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
- In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of April 23, 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- Information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection consumers, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
- The customer who is a consumer has, among others the following options for using out-of-court complaint and redress procedures:
- Permanent consumer arbitration court operating at the Trade Inspection – the possibility of requesting settlement of a dispute arising from the concluded Sales Agreement;
- voivodship inspector of the Trade Inspection the possibility of requesting the initiation of mediation proceedings on amicable settlement until the end of the dispute between the Customer and the store;
- a district (municipal) consumer ombudsman or a social organization whose statutory tasks include protection consumers (including the Consumers’ Federation, the Association of Polish Consumers). Advice is provided by the Federation Consumers at the toll-free consumer hotline number 800 007 707 and by the Consumer Association Polish at the e-mail address email@example.com
- Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
- Form of withdrawal
- Complaint form