Regulations

REGULATIONS FOR THE PROVISION OF ELECTRONIC SERVICES BY

RTR-BIKES.COM

Definitions

Terms and Conditions are these Regulations for the provision of electronic services in the area of the rtrbikes.com Internet domain, which sets out the terms and conditions for the provision of Services by the Seller through the www.rtrbikes.com website to Customers.

Customer is an entity that enters into an Agreement with the Seller for the provision of a Service, provided that it has full legal capacity, or limited legal capacity in cases regulated by common law, or is a legal person or organizational unit.

A consumer is a customer who is a natural person and enters into an Agreement not directly related to his/her business or professional activity.

The Seller is PHF Radosław Borgieł, 44a Zamkowa Street, 43-502 Czechowice-Dziedzice, registered in the Central Register and Information on Business Activity NIP 652 161 75 80 being the service provider, administrator and owner of the Store.

Store is an online store operated by the Seller in the Polish language through a website available on the Internet at the url www.rtrbikes.com. The Store provides Services to Customers, including Sales.

Service is a service provided by the Seller to the Customer, on the basis of an Agreement concluded between the parties through the Store, as part of an organized system of contracting at a distance, without the simultaneous physical presence of the parties.

Shopping Cart is a functionality of the Store that allows the Customer to complete orders of Products. Adding a Product to the list of Products included in the order is done by using the “Add to cart” button, located next to the Product in the area of the Store’s website.

Sales is a Service provided by the Seller to the Customer for the sale of Products without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network.

The contract is an agreement for the Seller to provide the Service to the Customer.

Vendor Contact Data is the data of the Vendor, using which the Customer can contact him, i.e. address: PHF Radosław Borgieł, 44a Zamkowa Street, 43-502 Czechowice-Dziedzice, e-mail address: sklep@rtrbikes.com, phone number: 571 281 333.

Customer Contact Data is the Customer’s data, using which the Seller may contact the Customer, including address, e-mail address and telephone number.

My Account is the panel that manages the Customer’s orders, available in the Store area, subject to Registration and login.

Registration is the creation of a Customer Account by a Customer, using the Store’s registration form located on its website.

Product is a thing presented in the area of the Store by the Seller for Sale.

Delivery is delivery of the Products to the Customer at the destination indicated by the Customer, through the Carrier.

A Carrier is an entity, which is a carrier, that performs Product Delivery activities in cooperation with the Seller.

External Payment System – is an online payment system used by the Seller

Business Days are days from Monday to Friday, excluding public holidays.

§1 General contractual terms and conditions

1. The seller on the basis of Art. 8 paragraph. 1 item 1 of the Law of July 18, 2002. On the provision of electronic services and the Law of May 30, 2014. on consumer rights establishes the Regulations, which he makes available at the url of the Store, as follows: www.rtrbikes.com
2. The Seller shall provide the Services in accordance with the Regulations and the provisions of generally applicable law.
3. The Seller makes these Regulations available on the Store’s website.
4. Customers may at any time: access the Terms and Conditions, record them, obtain and reproduce them by printing or saving them on a data carrier.
5. The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Contract.
6. All Services are provided through the Store’s website 24 hours a day and 7 days a week.

§2 Terms of Use

i Registration

1. In order to use the Store, it is necessary for the Customer to have a data communication device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured e-mail account.
2. Use of the Store is made by familiarizing yourself with its contents.
3. Customer orders are managed through the Customer Account. Use of the Customer Account is possible after its creation, using the correct login and password. In order to use the Customer Account, you are required to log in using your password.
4. The creation of a Customer Account is carried out through voluntary Registration, consisting of completing and sending to the Seller a registration form, which is made available in the area of the Store’s website.
5. Completion of the registration form consists in filling in all mandatory and, if applicable, optional fields of the form, using true, complete and pertaining to the Customer, in particular the Customer’s Contact Information.
6. Submitting a registration form involves sending it to the Seller through the Store, using the appropriate functionality, located in the registration form area.

§3 Provision of free Services

1. The Seller provides the following free Services to Customers:
  1. providing a contact form,
  2. provision of an order form,
  3. product inquiry,
  4. maintaining a Customer Account,
  5. Newsletter,
2. The contract for the provision of the Service of providing access to the contact form is concluded for a definite period of time at the time of commencement of use of the contact form and is terminated at the time of its use or abandonment by the Customer. The subject of this Agreement is to provide a contact form located on the Store’s website for the purpose of sending a message to the Seller.
3. The contract for the provision of the Order Form Service is concluded for a definite period of time at the time of commencement of use of the Order Form and is terminated at the time of order placement or abandonment by the Customer. The subject of this Agreement is the provision of an order form located on the Store’s website to send an order to the Seller.
4. The Product Inquiry Service Agreement is concluded for a fixed period of time at the time of commencement of use of the Product Inquiry option and is terminated at the time of its use or abandonment by the Customer. The subject matter of this Agreement is to provide the option to inquire about the Product, in order to ask the Seller about the availability of the Product.
5. The Customer Account Service Agreement is concluded for an indefinite period of time at the time of Customer Account Registration. The subject of this Agreement is the provision of a panel to manage the Customer’s orders.
6. The Newsletter Service Agreement is concluded for an indefinite period of time when the Customer receives confirmation of the conclusion of the Newsletter Service Agreement by the Vendor at the e-mail address. Ordering of the Service is done by the Customer using the appropriate Newsletter activation field in the registration form or other form made available by the Seller on the Store’s website. The subject of this Agreement is the Seller’s provision of services to the Customer, consisting of sending messages containing information about Products or Services provided by the Seller to the e-mail address. This Agreement is terminated when the Customer unsubscribes using the deactivation box in the Customer Account area or using the url link that is included in each Newsletter message.
7. The contract for the provision of the free Service may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities included in the Terms and Conditions or by e-mail sent to the e-mail address included in the Seller’s Contact Details or the Customer’s Contact Details.

§4 Orders

1. Orders for Products can be placed via the Store’s website 7 days a week and 24 hours a day, using the Shopping Cart function. After completing the order list of Products, in the Shopping Cart area, the Customer proceeds to order processing.
2. If the Customer is a logged-in Customer Account holder, he/she proceeds to the next stage of order placement as a logged-in Customer.
3. Placement of an order is preceded by receipt by the Customer, through the display in the Cart area, of information on the total price for the order, including taxes and related costs, in particular Delivery and payment costs.
4. Placing an order can be done by using “I buy” field on the order subpage and is tantamount to an offer by the Customer to the Seller to conclude a Sales Agreement for the Products included in the order.
5. Before sending the order form, by checking its appropriate box, the Customer should declare that he/she has read the Regulations and accepts their provisions.
6. The order placed may be changed by the Customer until the Seller receives information about the shipment.
7. Changes to an order may include its cancellation, cancellation in part, extension with additional Products, change of address of Delivery.
8. The seller will immediately inform the customer about the impossibility of processing the order, in case of circumstances causing it. Provision of this information is made by telephone or electronically, using the Customer Contact Information. The information may include the following ways to modify the order:
  1. cancellation in the unfeasible part, resulting in a recalculation of the value of the order,
  2. to divide the Products subject to Delivery into the part whose Delivery is possible and the part whose Delivery will take place at a later date, which does not result in a recalculation of the value of the order,
  3. cancellation of the order in its entirety, resulting in cancellation of the value of the order.
9. Confirmation of order acceptance is made by the Seller sending an e-mail to the e-mail address indicated in the Customer’s Contact Information. Confirmation of order acceptance is equivalent to the Seller’s acceptance of the offer to conclude a Sales Agreement, made by the Customer.

§5 Sale

1. The Seller provides to Customers the Service of selling Products at a distance, through the Store.
2. The subject matter of the Sales Agreement includes the Seller’s obligation to transfer ownership of the Products to the Customer and to release them, and the Customer’s obligation to take back the Products and pay the price of the Products to the Seller.
3. The Seller reserves the right to conduct promotional campaigns to reduce the price of a Product until a certain date or to exhaust the stock of Products subject to promotion.
4. By entering into a Sales Contract, the Seller agrees to provide the Customer with Products without defects.
5. The Contract of Sale is concluded upon confirmation of acceptance of the Customer’s order by the Seller.
6. The release of the Products usually takes place within 2 Business Days.
7. The lead time for the release of Products is subject to change in the event of a change in the order by the Customer.
8. Release of the Products is carried out through the Carrier, at the address provided by the Customer,
9. The release of the Products shall take place no sooner than after payment by the Customer.
10. The danger of accidental loss of or damage to the item shall pass to the Consumer as soon as it is delivered to the Consumer.
11. The delivered shipment should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, the customer has the right to request a proper protocol.

§6 Payments

1. The value of the payment for the Sale is determined on the basis of the price list of the Products, located on the Seller’s website at the time of ordering the Product. The prices given on the Store’s website next to a given Product are gross prices given in Polish zlotys and include the value of VAT, while they do not include the cost of Product delivery and the selected form of payment.
2. The cost of the transaction and Delivery of the Product shall be borne by the Customer.
3. The total price of the order, shown in the Cart area before placing the order and after selecting the method of Delivery of the Products and payment, includes the price for the ordered Products, including taxes and all related costs, in particular Delivery and transaction costs. The total order price is binding for the Seller and the Customer.
4. The store allows the following methods of payment for the provided Sales Services:
  1. By bank transfer to the Store’s bank account,
  2. By wire transfer using an External Payment System,
  3. cash on delivery on delivery from the Carrier.
5. The due date for payment of dues is at the time of release of the Product.
6. The invoice or VAT invoice for the Sales Service shall be attached to the Products to be released or sent by e-mail to the Customer’s e-mail address, depending on the Customer’s will.
7. The customer agrees to receive invoices in electronic form.
8. Refund of payments by the Seller shall be made immediately, no later than 14 days from the date the cause arose, in the case of:
  1. Consumer’s withdrawal from the Agreement,
  2. cancellation by the Customer of an order or part of an order paid for in advance,
  3. recognition by the Seller of the claim covered by the complaint in whole or in part, based on generally applicable regulations.
9. Refund of payment is made using the same method of payment that was used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not involve any costs for the Customer.
10. The Seller shall not be obliged to reimburse the additional costs incurred by the Customer for the Delivery of the Products, if the Customer has chosen a method of Delivery of the Products other than the cheapest ordinary method of Delivery offered by the Seller.

§7 Complaints and warranties
.

1. Complaints can be submitted by letter or e-mail to the postal or electronic address indicated in the Seller’s Contact Information.
2. Complaints can be submitted using a form, the model of which is an appendix to the Regulations, located in the Store’s website area, but it is not mandatory.
3. The complaint notification should include a description of the problem and the Customer’s identification data.
4. The seller will recognize complaints within 14 days from the date of notification. In the content of the submitted complaint, it is recommended to provide the Customer’s Contact Information, which will be used to respond to the complaint and conduct correspondence related to it.
5. If the complaint is about a Product, in order for the Seller to consider the complaint, the Customer should deliver or send the advertised Product to the Seller’s address. Complaints may be filed on account of warranty for defects in Products covered by the Sales Contract and other Services.
6. If the Product has a defect, the Customer may request a replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer.
7. The Seller may refuse to satisfy the Customer’s request if bringing the defective Product into conformity with the Contract in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the Contract, would require excessive costs.
8. If the Customer is not a Consumer, the Seller may refuse to replace the Product with a defect-free one or remove the defect also if the cost of satisfying this obligation exceeds the price of the sold Product.
9. If the Product has a defect, the Customer may make a statement to reduce the price or withdraw from the Contract, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective Product with a defect-free one or remove the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the Product with a defect-free one or to remove the defect. The customer may not withdraw from the Contract if the defect is insignificant.
10. The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of the replacement of the Product demand the removal of the defect, unless bringing the Product into conformity with the Agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller. In assessing the excessiveness of the costs, the value of the Product free of defects, the type and significance of the defect found, as well as the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
11. The reduced price stipulated in clauses 7.10 and 7.11 above shall be in such proportion to the price under the Contract that the value of the Product with a defect remains to the value of the Product without a defect.
12. The consumer has the opportunity to use the following out-of-court means of handling complaints and claims:
  1. Submission of a request to resolve a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,
  2. Submission of a request for mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller to the Regional Inspector of Trade Inspection,
  3. Use the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
  4. filing a complaint through the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
13. The products are covered by the manufacturer’s warranty. In this case, the Customer is entitled to claim the Product using the rights under the warranty by making a complaint to the guarantor. The submission of a complaint to the guarantor can be made directly to the guarantor.
14. The customer may exercise warranty rights for physical defects of an item independently of warranty rights.

§8 Withdrawal from the Agreement

1. The consumer may, without giving any reason, withdraw within 14 days from the Contract, including the Sales Contract, subject to the standards indicated in the content of the instruction on withdrawal from the Contract, which is an appendix to the Terms and Conditions, posted in the area of the Shop’s website.
2. The right of withdrawal from the Agreement does not apply to the Consumer m. in. with regard to the Contract if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the performance that after the performance by the Seller will lose the right to withdraw from the Contract,
3. The consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. The statement can be made on a form, the model of which is attached to the Regulations, located in the Store’s website area.
4. In the case of receipt by e-mail of the Consumer’s statement of withdrawal from the Contract, the Seller will immediately send the Customer an acknowledgement of its receipt.
5. Immediately, but no later than within 14 days from the date on which the Consumer withdrew from the Contract, he is obliged to return the Product to the Seller or give it to a person authorized by the Seller. To meet the deadline it is sufficient to send back the Product before its expiration. This provision does not apply if the Seller has offered to pick up the Product itself.
6. The Seller undertakes to pick up the Product at his expense when, due to its nature, the Product cannot be sent back in the usual way by mail, and at the same time the Product was delivered to the Consumer to the place where he resided at the time of the conclusion of the Sales Contract.
7. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8. In the event of withdrawal from the Agreement, it shall be considered not concluded. If the Consumer made a statement of withdrawal from the Contract before the Seller accepted his offer, the offer ceases to be binding.
9. Information on the exercise of the right of withdrawal from the Contract is provided in the instructions on withdrawal from the Contract, attached to the Regulations.

§9 Supplementary provisions

1. All trademarks, graphical elements and images included on the Store’s website for the presentation of Products are subject to the copyright of their owners.
2. The Store’s Internet domain, its logos, name and Terms and Conditions are copyright property and subject to legal protection.
3. The Customer acknowledges that it is prohibited for the Customer to provide unlawful content.
4. The Seller undertakes to make reasonable efforts to enable the proper functioning of the Store and to provide assistance in solving technical problems related to its operation.
5. The Seller undertakes to conduct activities aimed at protecting the data in the Customer’s Account from unauthorized access and use.
6. The Seller’s liability to non-consumer Customers for the Services provided is limited to the value of the amount paid by the Customer.
7. The seller is not responsible for:
  1. interruptions in the proper functioning of the Store and improper performance of Services, caused by force majeure, in relation to Customers who are not Consumers,
  2. interruptions in the proper functioning of the Store and improper performance of Services to non-consumer customers, caused by technical operations or a cause attributable to the entities through which the Store provides Services,
  3. benefits lost by the Customer who is not a Consumer,
  4. damages caused by the Customer’s violation of the Terms and Conditions.

§10 Final provisions

1. The vendor may collect information for the purpose of storing it locally on the customer’s device using the browser’s memory mechanism using “cookies”.
2. Personal data of the Store’s users is processed on the basis of the consent of the data subjects or when it is necessary for the execution of the Contract, when the data subject is a party to it, or when it is necessary to take action before the conclusion of the Contract at the request of the data subject.
3. Personal data is collected for the purpose of providing the Services by the Seller. Persons whose data have been collected by the Seller have the right to access the content of their data, to correct them and to file a written reasoned request to stop processing them, as well as to object to it.
4. The rules of personal data processing, privacy policy and cookie policy are regulated in the document “Privacy Policy and Cookie Policy”, attached to the Terms and Conditions and posted in the Shop’s website area.
5. By entering into a Service Agreement, the Customer voluntarily authorizes the Seller to direct to the Customer’s Contact Data information related to the Contracts and their performance, as well as commercial information in case of separate consent.
6. The Customer who is not a Consumer is obliged to inform the Seller of changes to the Customer’s Contact Data, otherwise they will be effective for delivery.
7. Amendments to the Terms and Conditions may occur for reasons of changes in the law relating to the services provided by the Seller, as well as technical or organizational changes relating to the services provided by the Seller.
8. Amendments to the Regulations shall be made by publishing its new content on the Store’s website, with prior notice. Information on changes to the Terms and Conditions shall be posted in the Store’s website area no later than 10 days before the effective date of the Terms and Conditions, and sent to the Customer’s Contact Information, in case the parties are bound by a Continuous Contract.
9. The amendment of the Regulations does not apply to Sales Agreements concluded before the date of its amendment.
10. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of the Polish common law.
11. In the event of any inconsistency between the provisions of the Regulations and the provisions of generally applicable Polish law, these provisions shall apply.
12. In matters not regulated by the Regulations, the provisions of universally applicable Polish law shall apply.
13. The Regulations shall come into force within 10 days from the date of their publication on the Store’s website.