TERMS AND CONDITIONS OF SALE using means of distance communication and providing services by electronic means.
These terms and conditions define the rules and regulations for making purchases in an online store operated by the Seller at www.wootibicycles.com
The seller is Wojciech Stachowski with headquarters in Wrocław, ul. Dzielna 39/18.Registered under the NIP: 8942577608, REGON: 932764960, also referred to as "Seller".
Contact with the Seller can be done:by phone: +48 697 882 911 or using the e-mail address: firstname.lastname@example.org
§ 1 Definitions
- Regulations - these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
- Client (Buyer) - a natural person who is at least 13 years old, but if the person is not 18 years of age, the consent of its statutory representative, as well as a legal person and an organizational unit that is not a legal person, which special laws grant legal capacity and which makes or intends to make Orders or uses other services of the Online Store (including the Consumer).
- Subject of the transaction - Goods listed and described on the website of the Online Store. The seller makes every effort to ensure that the offer presented on the pages is up-to-date. However, if some of the ordered Goods were not available, the Seller undertakes to immediately inform the Buyer about the situation by phone or email.
- Goods - a personal property to which the Sales Contract applies.
- Product - Goods and Additional Services presented in the Online Store.
- Sales Contract - a contract for the sale of Products within the meaning of the Civil Code, concluded between the Seller and the Customer, using means of remote communication (including by phone).
- Online Shop (Shop, Online Shop) - an internet service available at www.wootibicycles.com, through which the Customer can buy the Product.
- Parties - Seller and Customer.
- Store website - any page or sub-page www located at www.wootibicycles.com.
- Order - a Customer's declaration of will clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Distance Sales Contract via the Online Store.
§ 2 General principles
- The condition for placing an Order in the Online Store by the Buyer is to read these Terms and Conditions and accept its provisions during the performance of the Contract.
- The online store conducts retail sale of used and new products via the Internet.
- Before concluding the Sale Contract for used products, read the description of the status of each Product in detail. This description indicates the natural signs of wear of the Product, and also describes possible defects.
§ 3 Placing orders
- All prices listed on the websites www.wootibicycles.com are gross prices stated in Polish zlotys. The prices do not include shipping costs.
- Orders are accepted via the website, by phone or by e-mail.
- Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year. Placing orders by phone or e-mail is only possible during the hours indicated on the Online Store website.
- Placing a specific product on the Store's website along with the indication of its price does not constitute an offer to sell it, but only an invitation for buyers to submit offers.
- The order is placed by the buyer in electronic form and constitutes an offer to conclude a contract for the sale of goods placed on the Online Store's website for the price specified therein. To place an order, it is necessary to click the button marked "BUY AND PAY".
- The order is accepted for processing when the Seller confirms the order.
- The customer receives a confirmation of the order in a confirmation e-mail. With this moment, the contract of sale is concluded.
- The order is effective if the Buyer correctly completes the order form and correctly provides contact details, including the exact address to which the Product is to be sent and the telephone number and e-mail address.
- In the event that the given data is not complete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.
- The Buyer agrees to issue and send an electronic image of billing documents to the e-mail address indicated by them, in particular such as: invoices without VAT with attachments, corrected invoices without VAT with attachments and forms. This consent authorizes the Seller also to issue and send invoices without VAT in electronic form, in accordance with the regulation of the Minister of Finance of December 17, 2010. In the field of sending invoices in electronic form, rules of storing them and the mode of making them available to the tax authority or fiscal control authority.
- During Order placement, the Buyer may agree to place personal data in the Seller's Online Store database for processing in connection with the execution of the Order. If consent is granted, the Buyer has the right to inspect their data, correct them and request their removal.
- The Buyer may use the option of storing his data by the system in order to facilitate the process of placing the next Order. For this purpose, the Buyer should provide a login and password necessary to access his account. The customer's login is the e-mail address provided by him. The password is a sequence of characters determined by the customer. The Customer's password is not known to the Seller and the Customer is obliged to keep it confidential and to protect against unauthorized access by third parties.
- After placing an effective order by the Customer, he will receive an automatic reply from the store confirming the order's acceptance.
- The time of commencement of the order execution coincides with the moment the payment is credited to the bank account provided in the order confirmation in the case of payment by bank transfer or the moment the order is made in the case of card payment.
§ 4 Costs and date of dispatch
- The goods are sent to the address indicated in the order form. The store will inform the customer immediately about an incorrectly completed order form that prevents shipments or may delay it.
- The goods are delivered by courier or Post. In some cases, it is possible to personally collect goods.
- The buyer is charged for delivery (shipping) specified in the price list of transport. The amount of fees depends on the type of transport. The buyer can inspect the price list at any time by clicking the "delivery cost" link.
§ 5 Payments
- We issue a receipt or personal proof of purchase for each product sold (invoice without VAT).
- Payment for the ordered goods may be made by bank transfer to the store's bank account, by means of a payment card or online payment system PayU.
- For some types of assortment, the Seller reserves the right to limit the payment method by excluding selected payment options on the website.
§ 6 Collection of goods
- Before collecting the parcel from the courier, check whether the packaging has not been damaged during transport. In particular, pay attention to the condition of tapes or seals affixed to the package. If the package is damaged or the seals (tapes) are broken, do not accept the parcel and make a damage report in the presence of the courier and contact the seller as soon as possible to clarify the matter. Lack of identification of irregularities in the scope of quantity or quality status of a parcel upon receipt may have a negative impact on the result of the Customer's claims for damage or robbery of the shipment in transit.
§ 7 Withdrawal from the contract
- A consumer who has concluded a distance contract has the right to withdraw from the contract without giving any reason by submitting a relevant written statement. However, it is limited in time and is granted for 14 days (legal basis: Article 7 paragraph 1 of the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product OJ No. 22, item 271 with changes). The deadline is an impassable date and counts from the day of issue of the item. To comply with this deadline, it is enough to send a statement before its expiry.
- The law referred to in this paragraph applies to consumer sales, and thus applies only to sales to a natural person who makes a purchase for purposes not related to professional or commercial activity.
- The product returned in this mode will be accepted only if it is sent back fully and the product and accessories will be undamaged and will not bear signs of use.
- In the event of exercising the right to withdraw from the contract, the returned goods should be sent back at their own cost to the address provided by the Seller in the withdrawal form.
- The return shipment should be accompanied by a written statement on the withdrawal from the contract, a receipt and the account number to which the shop is to return the payment.
- Within fourteen business days of receiving the goods along with a declaration of withdrawal from the contract, the shop will check the product. If the goods meet the requirements mentioned in point 3 of this paragraph, the shop will refund the payment to the indicated Customer's account.
§ 8 Complaint procedure
- All Products available in the Store are covered by a 2-week voluntary Seller's guarantee. Every product subjected to any modifications loses the warranty rights.
- The warranty for the Used Products is vested for 1 year from the date of delivery of the goods.
- The shop takes into account complaints under the warranty only in justified cases, which do not result from the user's fault, i.e. resulting from manufacturing defects in the product. The warranty does not cover: damages caused in particular by accidents, splashes of stones and other objects while driving, mechanical damage, improper assembly of components (e.g. incorrect torque when tightening), improper or insufficient maintenance, impacts, corrosion, aggressive cleaning agents, use of incompatible components , improper repairs, in other words, everything that is not a material or manufacturing defect. The guarantee does not cover cracks and spatters of paint and clear varnish, which in no way affect the safety of driving and the user. Damage to paint and lacquer that arise during normal bicycle use are only cosmetic damage that can not be repaired under the warranty. The warranty does not cover the effects of UV radiation (fading and yellowing of colors).
- It is a form of complaint intended for natural persons.
- The Seller is obliged to deliver the goods in a condition consistent with the description of the item.
- In the event of a defect not shown in the description of the item or presented on the photographs included in the description, the Seller bears the liability specified in particular in the provisions of Article. 556 and 5561-5563 of the Civil Code.
- The complaint should be submitted in writing.
- Before sending the goods, the buyer should contact the Seller in order to submit a description of the damage together with the given situation when (in what situation) the given defect occurs; such description should be as accurate as possible.
- The complained goods should be sent in the original packaging enabling safe transport. It is possible to use a replacement packaging, but it must guarantee adequate protection during transport.
- The complained goods should have full, original equipment.
- The complained product should be accompanied by a description of the damage along with the given situation when (in what situation) the given defect occurs; such description should be as accurate as possible.
- The complaint should contain the contact details of the client and the bank account number to which we are to transfer the funds, the complaint should be submitted in writing.
- Complaints will be considered only if the complaint contains sufficient information to correctly identify the person who submitted the product, the purchased product and the circumstances constituting the basis of the complaint.
- The Seller will inform the buyer about accepting or rejecting the complaint within 30 days from receiving the complaint.
- If there are no grounds to consider the complaint, the product complained about will be sent back to the buyer at his cost within 7 days of considering the complaint.
- The Seller does not accept parcels sent COD.
- The administrator of databases of personal data provided by customers of an online store in connection with purchases is the Seller.
§ 10 Final provisions
- In matters not covered by these Terms and Conditions, the provisions of the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000 No. 22 item 271, as amended), acts with on 27 July 2002 on special conditions of consumer sales and on the amendment to the Civil Code (Journal of Laws of 2002 No. 141 item 1176, as amended), the Act of April 23, 1964 - Civil Code (Journal of Laws of 1964 No. 16 item 93, as amended).
- Disputes arising from the application of these Terms and Conditions and in connection with the execution of contracts concluded between the Store and Customers will be considered by the competent court in accordance with the provisions on property and local property in accordance with the Act of November 17, 1964. Code of Civil Procedure (Journal of Laws No. 43 item 296 as amended).
- The Seller reserves the right to introduce changes to these Terms and Conditions with the proviso that the contracts concluded prior to the amendment of the Regulations shall apply the version of the Regulations in force at the moment of placing the order by the Customer.
Date of publication of the Terms and Conditions 01-12-2018.