These document set out the terms and conditions (“Terms”) for the operation of the Bike Pixels project Website including the blog and shop (hereinafter the “Website”) hosted under bikepixels.com domain and registered by Krzysztof Stopa OpenDev Consulting residing on the address św. Anny 16/3, 43-300 Bielsko-Biała, Poland VAT number of the company: PL8191645366.
§1. PRELIMINARY PROVISIONS
1.1. These terms and conditions presents mutual rights and obligations arising in connection with the Website visitors or the pursuant concluding a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the seller and any other natural person (hereinafter the “Buyer”) through the online shop of the seller.
1.2. The online shop is operated by the seller on the Website via a web interface (hereinafter the “Web Interface of the Shop”).
1.3. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
1.4. Any provisions differing from the Terms and Conditions may be arranged in the Purchase Agreement, which is concluded by means of distant communication (via an order and its confirmation) in English, Spanish or Polish language. Any such differing provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
1.5. Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The online shop on the website is in English, Spanish and Polish language. These Terms and Conditions are written and available on the website in both English, Spanish and Polish language. In case of divergence between the language versions, the English version shall prevail.
1.6. The Terms and Conditions may be modified or amended by the Seller. This provision shall not in any way affect the rights and obligations which had arisen during the validity of the previous wording of the Terms and Conditions.
§2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. Any presentation of the goods placed in the Web Interface of the Shop is informative and seller is not obliged to conclude a purchase agreement regarding this product.
2.2. Web Interface of the Shop provides information about goods, including purchase price of individual goods and costs associated with packaging and shipment of the goods (these costs depend on the weight of the products ordered, the delivery address of the Buyer and the selected type of shipment).
2.3. The final price, which is generated on the website after putting the selected goods into the shopping cart and selecting the requested type of shipment, does not include the customs duty, VAT or any other tax burden imposed according to the legal regulations of the country of delivery, which need to be paid in connection to the import of the goods into the country of delivery and which the Buyer is obliged to pay in addition to the final price (the final price within the meaning of this provision, hereinafter the “Final Price”).
2.4. The Purchase Price remains in force as long as it is displayed in the Web Interface of the Shop. This provision shall not affect the entitlement of the Seller to conclude the Purchase Agreement under individually negotiated conditions.
2.5. To order goods, the Buyer shall fill an order (an offer to conclude an agreement) via a form in the Web Interface of the Shop (hereinafter collectively referred to as the “Order”). The order form contains information about:
2.6. Before sending the order, the Buyer is redirected to the payment gateway, where the Final Price needs to be paid.
2.6.1. specification of the subject of Purchase Agreement – the ordered goods (the ordered goods shall be “added” by the Buyer into an electronic shopping cart in the Web Interface of the Shop),
2.6.2. the complete name and surname of the Buyer,
2.6.3. e-mail address of the Buyer (necessary for sending the confirmation of the order and any possible resulting communication of the agreement parties), hereinafter the “Electronic Address of the Buyer”,
2.6.4. telephone number of the buyer (necessary for delivering the goods and for contact with the Customs authorities when the goods enter into the country of destination – the country of delivery),
2.6.5. delivery address (street and house number, postal code, city and country – country of destination/delivery),
2.6.6. method of payment of the purchase price of the goods, which is possible only in a cashless way via a payment gateway,
2.6.7. details regarding the requested method of delivery of the ordered goods,
2.6.8. information about the costs associated with the shipment of the goods,
2.6.9. note from the Buyer
2.7. The Buyer can send the order to the Seller (i.e. the website will enable the Buyer to send it) only if all the following conditions are fulfilled:
2.7.1. after filling all the boxes in the order form, excluding the box for a note, which is facultative
2.7.2. after sending the Final Price via the payment gateway
2.8. The Buyer is responsible for providing all information in a correct and true manner; the Seller considers all data provided by the buyer to be correct and does not perform any verification. In case of filling incorrect data in the order form or a change in the data after filling in the order form before the delivery of the goods, the Buyer is obliged to inform the Seller without delay.
2.9. The Buyer may perform orders without registration directly on the Web Interface of the Shop.
2.10. Before sending the Order to the Seller, the Buyer is entitled to review and change the data which were inserted into the Order by the Buyer, also with the opportunity for the Buyer to identify and correct errors which occurred when inserting the data into the Order.
2.11. The Buyer will submit the Order to the Seller by clicking on the button “Place Order”.
2.12. Upon receiving the Order, the Seller shall instantly send an automated confirmation of the Order to the Buyer via electronic mail, namely to the electronic address of the Buyer. The Purchase Agreement, with the content specified in the Order and in these Terms and Conditions, is concluded at the moment when the confirmation e-mail from the Seller is delivered to the Buyer (i.e. at the moment of confirmation of the order by the Seller).
2.13. If the Buyer uses the box labeled “note” in the order form for a request regarding a change of the content of the Purchase Agreement (a variance from these Terms and Conditions or from the preset text of the order form – e.g. a request for a different type of transportation, product color, etc.), the Purchase Agreement is not concluded by an automated confirmation e-mail within the meaning of the previous paragraph (2.12) but it is concluded only at the moment when the Seller responds to the note from the Buyer in a way that explicitly confirms the request (a variation from these Terms and Conditions or from the standard order form). If the Seller does not confirm the request from the Buyer (for example because the note was in a form of a question, which needs to be answered by the Seller), the Purchase Agreement is only concluded at the moment when the communication between the contracting parties shows that the parties reached an agreement over the particulars of the Purchase Agreement (including the matter addressed in the note).
2.14. If the contracting parties do not reach an agreement over the content of the Purchase Agreement in an adequate time since submitting the order by the Buyer, the Purchase Agreement has not been concluded and the Seller is obliged to refund the received Final Price (which has been sent by the Buyer via the payment gateway when submitting the order) back to the Buyer; the Buyer is obliged to provide necessary cooperation to the Seller regarding the money refund.
2.15. Costs incurred by the Buyer when using the means of distant communication in connection with concluding a Purchase Agreement (cost of internet access, telephone costs) shall be paid by the Buyer, and these costs do not differ from the standard rate.
§3. PRICE AND PAYMENT TERMS
3.1. The Final Price (i.e. the Purchase Price and the costs associated with the packaging and shipment of the goods) may be paid by the Buyer to the Seller only in a cashless manner via the Mollie Payment System (payment gateway).
3.2. The Seller requires the Buyer to send the entire Final Purchase Price before sending the Order and to receive the price (to the bank account of the Seller) before dispatching the goods to the Buyer.
3.3. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.4. If it is customary in trade relations or if so provided by generally binding legal regulations, the Seller shall issue an invoice to the Buyer regarding the payments performed on the basis of the Purchase Agreement.
3.5. The invoice shall be issued by the Seller to the Buyer after the purchase price has been paid and shall be sent electronically to the email address of the Buyer.
3.6. Refund of the Final Purchase Price will be made when the Purchase Agreement is not concluded by the Buyer – see paragraph 2.13 of these Terms and Conditions.
3.7. Refund of the Final Purchase Price will be made when withdrawing from is submitted by the Buyer after finishing the Purchase Agreement – see Article 6 of these Terms and Conditions.
§4. TRANSPORTATION AND DELIVERY OF THE GOODS
4.1. The Seller is a legal entity under the Polish law established in Poland, which is a member state of the European Union (EU). The Seller has their registered office in Poland where the goods are manufactured. The Buyer acknowledges that in order to achieve the lowest possible charge for the Buyer regarding the costs of transportation, customs duties, VAT or other tax burden, the goods will be delivered to the delivery address specified in the Order directly from Poland. The shipment of the goods shall be carried out in the way selected by the Buyer in the Order, or which was agreed on otherwise with the Seller.
4.2. If the Buyer is located in a contry that is not an EU member, when entering the country of destination, the goods may be burdened (according to the regulations of the country of delivery) with customs duties, VAT or other tax burden, which are not included in the Final Price. The Buyer is obliged to pay for these extra costs (i.e. customs duties, VAT or other tax obligation) when the goods enter the country of delivery. In the event of failing to provide assistance with the entry of the goods into the country of destination or not paying the customs duties, VAT or other tax obligation at the entry of the goods into the country of destination according to the regulations of that country, the Buyer is obliged to pay to the Seller a compensation for the associated costs.
4.3. In the event that the method of transportation was negotiated on the basis of the Buyer’s specific request, the Buyer bears the risk and shall pay any potential additional costs associated with this method of transportation.
4.4. In the event that the goods had to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay any expenses associated with the repeated delivery of the goods, or expenses associated with a different method of delivery.
4.5. At the moment of entry of the goods into the country of destination, the Buyer shall be contacted on the phone number provided to the Seller in the Order in order to provide assistance within the meaning of Paragraph 4.2.
4.6. When taking over the goods, the Buyer is obliged to inspect the integrity of the packaging of the goods, and to notify the carrier instantly in the case of any defects. In the event of identifying a damage of packaging indicative of unauthorized intrusion into the package, the Buyer is not obliged to take over the shipment.
4.7. The Seller undertakes to send the goods to the Buyer in the shortest possible time after receiving the Final Price from the Buyer. The delivery time, if stated with the goods, is of purely informative character and is not binding for the Seller.
4.8. The Seller shall not be responsible for the damage or loss caused by the delayed shipment or delivery of goods cause by any reason.
4.9. Other rights and obligations of the contracting parties regarding the transport of the goods may be regulated by special delivery terms of the Seller if they have been issued by the Seller.
5.1. The Seller is obliged to deliver goods that are free from defects and have been legally introduced into the Polish market.
5.2. If the delivered goods are found to be defective, the customer may, at his own discretion, use the warranty rights, if any, and the rights available to him from the seller under the warranty. Warranty and guarantee rights are independent of each other.
5.3. In order to make a complaint, the Seller must be informed of the defects observed, documented in order to verify the objections and possible removal of defects without having to return the goods to the store. If it is necessary to send the goods back to the store, the store will inform the customer about it within 14 days from the date of complaint. Returned goods must be accompanied by a document confirming the purchase of the product in the store with a description of the demands. Complaints can be filed in electronic form at email@example.com, in writing to the address of the Seller, or using the electronic form found on the Website.
5.4. If the sold item has a defect, you can make a statement to reduce the price or withdraw from the contract, unless the store immediately and without excessive inconvenience for the complainant will replace the defective item for a defect-free item or remove the defect. This limitation does not apply if the item has already been replaced or repaired by the store or the store has not replaced the item with a defect-free item or has not removed the defect.
5.5. The reduced price shall be in such proportion to the contract price as the value of the item with the defect remains to the value of the item without the defect. You can not withdraw from the contract if the defect is insignificant.
5.6. The store will immediately, but not later than within 14 days from the date of receipt of the parcel with the defective product, take a position on the complaint and inform the customer about further proceedings. The store will immediately notify the complainant of the outcome of the complaint in writing or by e-mail to the e-mail address specified in the complaint. If the consumer or entrepreneur on the rights of the consumer does not receive the position of the store on the complaint, it is assumed that the store acknowledged the complaint.
5.7. Transport of advertised products under warranty is at the expense of the Seller through the form of return indicated by the store. The Seller does not accept shipments sent back on delivery. In some cases it is not necessary to send the advertised product and the Seller can stop at the visual inspection of photos provided by the customer, which will be informed by the Seller after receiving the complaint.
5.8. In the case of a dispute between the Seller and the Buyer as to the legitimacy of refusing to accept a complaint, the customer who is a consumer has the right to use out-of-court complaint and claim procedures. The customer may use mediation or arbitration by providing the institution before which the proceedings will take place with an appropriate form – a request for mediation or a request for arbitration. A list of sample institutions together with their contact details is available at uokik.gov.pl. In addition, at ec.europa.eu/consumers/odr a consumer has access to resolve consumer disputes electronically via the EU’s online platform (the odr platform). For foreign customers who are consumers, they should contact the competent consumer protection authority of their place of residence.
§6. WITHDRAWAL FROM THE PURCHASE AGREEMENT
6.1. A Buyer who is a consumer or a company with consumer rights may withdraw from the Purchase Agreement without giving any reason within 14 days from the date of delivery. He should then make a statement of withdrawal from the contract and return the goods to the store. To make a statement of withdrawal, you can write to firstname.lastname@example.org or to the address of the Seller. After receipt of the withdrawal declaration in electronic form at the above-mentioned e-mail address, the Seller shall immediately confirm its receipt by sending information to the e-mail address of the withdrawing customer. A statement of withdrawal made after 14 days from the date of delivery have no legal effect.
6.2. Goods should be returned unchanged and complete, with no traces of use, unless the change was necessary within the limits of ordinary management, i.e. the consumer or the entrepreneur of consumer rights should proceed with the goods, taking into account the need for its possible subsequent return. He bears responsibility for any diminution in the value of the item resulting from using it in a manner beyond that necessary to establish the nature, characteristics and functioning of the item. If the returned goods are incomplete or bear traces of use beyond normal management of the item, the store reserves the right to refuse to accept the shipment or reduce the returned amount by the equivalent of the damaged goods, at the discretion of the store.
6.3. The right of the consumer or entrepreneur to withdraw from the contract does not apply if the subject of the order, among other things, is a thing:
6.3.1.Non-refabricated, manufactured to the customer’s specifications or to meet his individualized needs;
6.3.2. In which the subject of the performance is the thing supplied in a sealed package that can not be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
6.3.3. In which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
6.3.4. In which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
6.3.5. On the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after informing him by the trader of the loss of the right to withdraw from the contract (eg video courses). At the same time, the customer declares when placing the order that he wishes to receive the digital content before the 14-day withdrawal period has expired and acknowledges that he will therefore lose his right of withdrawal.
6.4. Returned goods should be sent back within 14 days of withdrawal at the latest, together with a statement of withdrawal to the address of the Sellers’s warehouse, i.e. św Anny 16/3, 43-300 Bielsko-Biała (Poland). A consumer or an entrepreneur with consumer rights shall bear only direct costs of returning the product to the store (return costs).
6.5. In the case of withdrawal from the contract, all payments made by him, including the costs of delivery, will be transferred to the consumer or the entrepreneur with the powers of the consumer immediately, but no later than within 14 days from the date of receipt by the store of the statement of withdrawal.
6.6. Reimbursement of payments made by credit card or electronic transfer is made to a bank account from which the payment was made and in the same currency, unless the customer expressly makes before the return of other instructions for reimbursement not generating additional costs for him (eg in the statement of withdrawal).
The store may withhold reimbursement of payments received from the buyer until it receives the item back from the buyer or the buyer provides proof of its return, whichever event occurs first.
§7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods by paying the entire Purchase Price.
7.2. In relation to the Buyer, the Seller is not bound by any codes of conduct.
7.3. Settlements of consumer complaints shall be handled via electronic address email@example.com. The information of the settlement of the Buyer’s complaint shall be sent by the Seller to the Buyer’s email address.
§8. PERSONAL DATA PROTECTION
8.1. The personal data protection is covered in a separate document called Data Protection Policy published on the website of the Seller.
§9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
9.1. Unless the Buyer agrees to it (eg. subscription to our Newsletter), the Seller shall not send any commercial messages to the Buyer.
10.1. Unless agreed otherwise in the Purchase Agreement, all correspondence among the Buyer and the Seller, especially related to the withdrawal from the Purchase Agreement must be delivered to the other party in paper form or electronically via the e-mail address. The correspondence is considered to be delivered and effective from the moment of their delivery, with the exception of the withdrawal from the Purchase Agreement by the Buyer, which is considered to be effective if sent by the Seller in the designated time period.
10.2. The Parties may send mutual regular correspondence in paper form or via e-mail, at the e-mail address specified by the Buyer in the Order and the address stated on the website of the Seller.
§11. FINAL PROVISIONS
11.1. If the relationship established by the Purchase Agreement includes an international (foreign) element, then the parties agree that the relationship shall be governed by Polish law. This arrangement does not affect any rights of a consumer arising from generally binding legislation.
11.2. The matters which are not specified in the Purchase Agreement or in these Terms and Conditions abide by the Polish Civil Law as amended.
11.3. Should any provision of these Terms and Conditions be or become invalid or ineffective, a provision, whose meaning is the closest to the invalid or ineffective provision, shall replace it. Invalidity or ineffectiveness of a single provision shall not affect the validity or effectiveness of the rest of provisions. Any changes or amendments of the Purchase Agreement or the Terms and Conditions shall be carried out in writing.
11.4. Changes and amendments to the Purchase Agreement or Terms and Conditions require a written form.
11.5. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and it is not accessible either publically or to the Buyer.
11.6. The sample form for the withdrawal from the Purchase Agreement in regard to the right to withdraw from the Purchase Agreement form in 14 days annexes to these Terms and Conditions.
11.7. Contact details of seller: e-mail address: firstname.lastname@example.org.