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Terms and Conditions

REGULATIONS FOR www.moto-tour.com.pl

Regulations of the online store available at the address: www.moto-tour.com.pl administered by Sławomir Żmuda, hereinafter referred to as the Seller, running a business under the name MOTO-TOUR with its registered office at 31-236 Kraków, al. 29 Listopada 170, Tax Identification Number: 872 214 47 41, REGON: 180 457 984, contact telephone number: 516 155 120, e-mail: info@moto-tour.com.pl ,, regulates the rules in the scope of services provided by the Seller by electronic means and contracts sales concluded via the online store, including their types, rights and obligations of the Clients, as well as the Seller, the withdrawal procedure and the complaint procedure.


Table of Contents:

§ 1 Definitions

§ 2 General provisions

§ 3 Services provided electronically (types, conditions, withdrawal)

§ 4 Sales contract.

§ 5 Order processing and delivery

§ 6 Payment methods

§ 7 Exchange

§ 8 the right of withdrawal

§ 9 Warranty

§ 10 Complaints about Electronic Services

§ 11 Privacy policy

§ 12 Out-of-court dispute resolution methods

§ 13 Final provisionsThe company
registered in the Central Register and Information on Economic Activity (CEIDG), led by the Minister responsible for the economy.

§ 1 definitions


    Online store - an online store available at www.moto-tour.com.pl

    Seller - Sławomir Żmuda, hereinafter referred to as the Seller, running a business under the name MOTO-TOUR with its registered office at 30-442 Kraków, ul. Zawawiła 61 A, NIP: 872 214 47 41, REGON: 180 457 984,

    Client - a legal person or an organizational unit without legal personality, whose legal right grants legal capacity, concluding an agreement with the Seller,

    Consumer - in accordance with art. 221 of the Act of 23 April 1964 - the polish Civil Code, which performs with the Seller a legal action not related directly to its business or professional activity.

    Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf.

    Service - electronic services provided by the Seller (Service Provider) to the Customer (Customer) through the online store.

    Contract concluded at a distance - means a contract concluded between the Seller of the Online Store and a Consumer as part of an organized procedure for the conclusion of distance contracts, without the need to participate both parties in one place and time, using one or more measures necessary for distance communication until the conclusion of the contract, inclusive.

    Sales contract - a contract of sale of the Goods available in the Online Store, concluded between the Customer and the Seller, through it.

    Goods - a product, a movable item which the Customer purchases via the Online Store from the Seller.

    Customer Account - a set of data in the Seller's teleinformation system, which collects information about the Customer, including contact details and order history.

    Registration form - an electronic service, a form available in the Online Store that allows you to create a Customer Account.

    Order form - an electronic service, a form available in the Online Store that allows you to purchase a Product selected by the Customer,

    Order - Customer's declaration of will made via the Online Store expressing the will to conclude a Sales Agreement, specifying in particular its terms, the type and quantity of the Goods, method and cost of delivery, form of payment and customer data necessary to perform the contract.

    Newsletter - a service that allows you to subscribe to and receive free electronic information about the Merchant's Products and promotions.

    Working day - one day from Monday to Friday, excluding public holidays.

§ 2 General provisions

  1. The Seller undertakes to provide services to the Customer, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
  2. The Seller declares that it adheres to all principles of personal data protection provided for by the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2015, item 2135), as amended.
  3. The Customer agrees to the collection, storage and processing of personal data by the Seller for the purpose directly related to the implementation of the Service or Product ordered in the Online Store. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Online Privacy Policy" of the Online Store.
  4. The Customer undertakes to use the online store and services offered by the Seller through it, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the rules of social coexistence.
  5.  The Seller declares that the Goods available in the Online Store are:

        new and safe,
        free from physical and legal defects,
        compatible with the properties indicated in the online store,
        introduced on the Polish market in a legal manner.

  6. The producer's warranty, in which the manufacturer assumes responsibility for the properties of things that he has provided for existence (eg in terms of functionality, durability, quality of things), does not exclude or limit in any way the Customer's exercise of his rights resulting under the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller. 
  7. The seller realizes orders on the territory of Poland and European Union.    
  8. All information contained in the Seller's Online Store, referring to products (including prices), does not constitute a commercial offer within the meaning of art. 66 of the Civil Code, but an invitation to enter into a contract specified in Article 71 of the Civil Code.
  9. All prices listed on the Online Store website are given in Polish zloty (PLN) or Euro (EUR) and are gross prices (they include VAT, duties and other components).
  10. The prices do not include delivery costs.  Delivery costs depend on the supplier chosen by the customer and the type of parcel (eg weight or non-standard dimensions). The total cost of delivery is visible to the Customer before the final confirmation of the order and acceptance of the Regulations, as well as in the message confirming the acceptance of the order by the Seller referred to in § 4 point 6

 § 3 Services provided electronically (types, conditions, withdrawal)

  1. Through the functionality available in the Online Store, the Seller provides services electronically.
  2. The use of all services available in the Online Store (conclusion of a contract for the provision of electronic services) is voluntary and free.
  3. Contracts for the provision of electronic services in the field of:
    completing the order form by customers of the Online Store, the contract is concluded for a definite period at the moment the Customer joins the form and is terminated upon withdrawal from completing the form or upon sending the filled out form of the Seller. The process of completing the order form is organized so that each Consumer has the opportunity to become acquainted with it before making a decision about concluding a contract or changing a contract;
    registration and keeping of the Customer Account, the contract is concluded for an indefinite period, at the time of the Customer's registration using the functionality available on the Online Store website;
    sending a commercial offer to the Customer in the form of a Newsletter, the contract is concluded for an indefinite period, at the time of subscribing to the Newsletter service, using the functionality available on the Online Store website.
  4. Technical requirements necessary to use the services provided by the Seller:
    device with access to the Internet
    an Internet browser that supports cookies,
    access to e-mail.
  5. The customer bears the charges related to access to the Internet and data transmission according to the tariff of his ISP.
  6. The right to withdraw from the contract for the provision of electronic services is entitled to: Customer who is a Consumer according to the rules provided for in these Regulations (§ 7), The customer to whom the Seller provides the services referred to in point 3 lit. b and c, of a continuous and indefinite nature, without giving reasons, with immediate effect.
  7. The purpose of the exercise of the right referred to in point 6 letter b, the Customer sends to the address info@moto-tour.com.pl an unambiguous statement on the termination of the contract for the provision of electronic services.
  8. In the event of non-performance or improper performance of the service provided electronically by the Seller, the Customer is entitled to file a complaint under the terms of these Regulations (§ 9).

 

§ 4 Sales agreement.

  1. To conclude a valid and binding sale agreement between the Customer and the Customer, using the features available on the Online Store website:
    1. selects the Goods, defining its quantity and features ("add to basket" functionality)
    2. fills out the order form, indicating the data necessary to perform the contract, i.e. name, surname, delivery address, e-mail address, telephone number, as well as the delivery method and payment method.
  2. The Seller allows the Customer, via the Registration Form, to set up a Customer Account. The registration by the Customer is one-time, voluntary and free. The data provided during the account registration will be used for further orders.
  3. The Seller accepts orders via the Order Form available in the Online Store, 24 hours a day, 7 days a week
  4. Immediately after receiving the order, the Seller shall send the Customer electronically to the e-mail address provided at the time of ordering to accept the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
  5. The message summarizing and confirming the order contains all previously agreed terms of the sale agreement, in particular the quantity and type of the ordered Goods, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).
  6. The Customer who has a Customer Account, has the ability to check the status of the Order after logging in.

 

§ 5 Order processing and delivery.

  1. The order is carried out by the Seller in the order of receipt, taking into account § 6 points. 3 of these Regulations.
  2. The order delivery time is from 1 to 5 working days, which includes in particular the preparation of the order, i.e. completing, packing and delivery of the supplier.
  3. The selection of the supplier made by the customer during the order is directly affected by the time of the order.
  4. An order picked up in person by the Customer at the Seller's premises is carried out immediately. The exact time of issue of the Goods will be determined individually with the Customer and confirmed by the Seller via a message "Ready for collection" sent to the Customer's e-mail address.
  5. The Customer is obliged to collect the personal item at the Seller's premises, immediately, but no later than within 7 days from the date indicated by the Seller in accordance with paragraph 4
  6. In the event of exceptional circumstances or the inability to perform the order in the point indicated in paragraph 2 time, the Seller immediately contacts the customer in order to determine the further procedure, including setting a different deadline for the contract, changing the method of delivery.
  7. The Goods are delivered via a courier company. Orders are issued to the supplier by the Seller on a business day.
  8. Issued supplier The product is packaged in a proper manner, providing protection against damage during transport.
  9. When filling out the order form and in the confirmation message of the order referred to in § 4 para. 6 The customer is informed about the costs of the delivery method chosen by him.
  10. The customer is entitled to cancel or change the order, but not later than until the Seller sends a message confirming the acceptance of the order referred to in § 4 para. 6, by contacting the Seller by phone or email.
  11. After receiving the parcel, the customer or a third party authorized by him should, if possible, carefully check the condition of the packaging, whether it bears signs of damage, unauthorized interference and whether its content is intact. If any damage or other irregularities are found, in the presence of the courier, if possible, make a report on the damage and notify the Seller about it. If the goods look damaged, it is begged that the customer should not accept the parcel if possible. This provision does not exclude or limit the rights of the Customer to make a complaint under the terms of these Regulations. The above-described procedure is only aimed at assisting the Seller in determining the causes and liability for the damage caused. Failure to prepare a report by the client at the courier does not limit the possibility of reporting damage to the parcel.

 

§ 6 Payment methods

  1. The seller allows the following payment methods:

  1. via online payment,

  2. through the electronic payment system,

  3. a traditional transfer to the Seller's bank account maintained by Raiffeisen Bank on the account number: 89 1750 0012 0000 0000 2167 3927,

  4. cash on delivery,

  5. payment via the Credit Agricole Installments and Santander Installments,
    payment in cash upon receipt of the Goods,
  1. Detailed information on the payment methods are available on the Store's website in the "shipping and payment" tab

  2. The customer is obliged to make payment within 7 calendar days from the date of receipt of the message confirming the order's acceptance by the Seller, specifying the total cost of the order together with delivery (conclusion of the contract). If there is no payment within a specified period, the sales contract is terminated.

  3. f the payments referred to in point 1 (a) are selected, a, b and c the order is processed after the payment is credited to the Seller's account. The Seller shall execute the order immediately, when the Customer selects the form of payment referred to in point 1 lit. d and e.

  4. The seller documents the sale of the Goods with a receipt and at the customer's request issues a VAT invoice. Proof of purchase is delivered to the Customer along with the Goods.

 

§ 7 Exchange.

  1. The Customer has the right to exchange the Goods free of charge within 30 calendar days from the moment the Product is taken over by the Customer or a third party designated by him other than the carrier.

  2. To comply with the date indicated in point 1, the Goods should be sent back to the Seller's address, in accordance with the information provided on the Store's website in the "Return and Exchange" tab.

  3. The condition for the exchange of the Goods is not to use the product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning,

  4. The Seller, via the Customer Account, provides the Customer with fast exchange options using the "I will use the store delivery" option on polish market.

  5. Through the option referred to in point 4 The customer has the option of:

  1. generate the exchange documentation,

  2. print labels for shipping via Poczta Polska,

  3. choosing a form of refund,

  1. The size of the parcel with the Goods to be replaced may not exceed 60 cm x 50 cm x 35 cm and a weight of 30 kg. Goods should be packaged properly, providing protection against damage during transport.

  2. Remember to sign the generated exchange documents.

  3. The Seller undertakes to return the overpayment resulting from the exchange of Goods within 14 calendar days from the date of dispatching the new Good to the Customer.

  4. The amount of the refund results from the price difference of the Goods exchanged, which was reduced by the cost of re-shipping the Goods to the Customer.

  5. The Customer is obliged to make an additional payment, resulting from the exchange of the Goods, within 7 calendar days from the date of sending the Goods along with the Exchange Form to the address of the Seller.

  6. The exchange takes effect the moment the payment is credited to the Seller's bank account. If payment is chosen in cash on delivery, the exchange takes place after the Seller receives the Goods being exchanged. The seller realizes the exchange via Poczta Polska.

  7. The cost of replacing the Goods, i.e. the cost of returning and the cost of re-shipping, carried out by the Seller, lies with the Customer.

§ 8 Right of withdrawal

  1. According to art. 27 of the Act of 30 May 2014, the customer who is also a consumer has the right to withdraw from the contract concluded at a distance without giving a reason.
  2. The right to withdraw from the contract is vested within 14 calendar days from the moment of taking over the good by the customer or a third party designated by him other than the carrier.
  3. In order to implement the statutory right to withdraw from the contract, the Customer submits to the Seller a clear declaration of will, sending it to the address of the registered office or e-mail address of the Seller.
  4. The Customer may use the Statement of withdrawal from the contract, constituting Annex No. 1 to these Regulations. Using the form is not a condition to withdraw from the contract provided for in this paragraph.
  5. To comply with the date specified in paragraph 2 it is enough to send a statement of withdrawal from the contract by e-mail or to the address of the Seller before its expiry.
  6. A customer who has used the delivery of a declaration of withdrawal from the contract by e-mail, will be immediately informed of the acceptance of this declaration of intent via email or in writing to the address provided in the Order Form.
  7. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract, return to the Customer any payments received from him, including the cost of delivering the item. The Seller shall refund the payment using the same method of payment as the Customer used, unless the Customer expressly agreed to a different method of payment refund, which does not entail any additional costs for him.
  8. The seller shall withhold the reimbursement of payments referred to in point 9, until the Goods are received or the Customer confirms his return, if the Seller is not obliged to collect the Goods personally.
  9. After withdrawing from the contract, the Customer is obliged to return the purchased Product to the Seller or a person authorized by him to collect it immediately, not later than within 14 calendar days, from the date of submitting the statement of withdrawal.
  10. Goods should be returned to the Seller's address.
  11. The Customer bears only the direct costs of returning the Goods.
  12. The consumer is only liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
  13. The right to withdraw from the contract is not available to the consumer in relation to the contracts referred to in Article 38 of the Act of 30 May 2014 on consumer rights.

 

§ 9 Warranty and complaints about the Goods

  1. The seller is liable to the buyer if the item sold has a physical or legal defect. The basis and scope of the Seller's liability towards the Customer, in a situation where the sold Goods have a physical or legal defect have been established by generally applicable laws, including those specified in the code of k. (in particular, in Articles 556-576 of the Czech Republic).
  2. The Seller is obliged to provide the Customer with Goods without defects.
  3. The Seller is liable to the Customer under the warranty for physical defects (physical defect consists in the non-conformity of the item sold with the contract) and for legal defects.
  4. Complaints may be submitted, for example, in writing to the address of the Seller's registered office or via e-mail to the Seller's e-mail address.
  5. The Seller shall respond to the Customer's complaint promptly, however, not later than within 14 calendar days from the date of submission. Lack of the Seller's attitude in the above-mentioned period means that the Seller has considered the complaint justified.
  6. It is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of considering complaints and may speed up the complaint process):
  7. circumstances regarding the subject of the complaint - the Goods and the appearance of possible defects, e.g. the type and date of the defect,
  8. determination of the Customer's request (request for a way of bringing the Goods into compliance with the Sale Agreement or submitting a statement of price reduction or withdrawal from the Sales Agreement),
  9. contact details of the Seller with the person submitting the complaint / customer.
  10. The recommendations given are not mandatory and do not affect the effectiveness of considering a given complaint. In order to facilitate the preparation of a notification, the Customer may use the Complaint Form constitutingo Annex no. 2 to these Regulations.
  11. The Customer who exercises the rights under the warranty should, at the Seller's expense, deliver the defective Product to the Seller's address: Moto-Tour Sławomir Żmuda al. 29 Listopada 170 31-236 Kraków
  12. If, for example, due to the type of the Goods, its delivery by the Customer would be excessively difficult, the Customer is obliged to provide the Merchant Goods to the place where the Goods are located.

§ 10 Complaints about electronic services

  1. The complaint procedure for Electronic Services is as follows:

  1. The Customer, in the event of non-performance or improper performance of the Service provided electronically by the Seller, is entitled to submit a complaint on the terms provided for in the Regulations.

  2. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (excluding the complaint procedure of the Goods, which has been described in § 8 of the Regulations), the Customer may submit in particular:

  • n writing to: Moto Tour Sławomir Żmuda al. 29 Listopada 170 31-236 Kraków

  • via e-mail to the e-mail address info@moto-tour.com.pl

  1. it is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of handling complaints and may speed up the complaint process):

  • circumstances regarding the subject of the complaint and the appearance of possible defects, e.g. the type and date of occurrence of the defect,

  • determination of the client's request,

  • contact details of the Seller with the person submitting the complaint / customer.

The recommendations given are not mandatory and do not affect the effectiveness of considering a given complaint.

  1. the position taken by the Seller in relation to a given electronic service complaint takes place immediately, however not later than within 30 calendar days from the date of its submission.

  1. The right to withdraw from the contract for the provision of Services by electronic means is vested in the Customer who is a Consumer according to the rules provided for in the Regulations.

  2. The Customer, for whom the Seller provides Account services, and which are of a continuous and perpetual nature, are entitled to terminate the contract for the provision of the service without giving a reason, with immediate effect. Execution of this right will take place after sending in writing or via e-mail a statement on the termination of the contract for the provision of electronic services.

  3. The Seller reserves the right to terminate the agreement for the provision of Electronic Services of a continuous and indefinite duration with a 14-day notice period in case of breach of the provisions of the Regulations by the Customer.

§ 11 privacy policy

  1. The administrator of the personal data of the Online Store Customers within the meaning of the Act of August 29, 1997 on the Protection of Personal Data is Sławomir Żmuda conducting business under the name MOTO-TOUR with its registered office at 31-236 Kraków, al. 29 Listopada 170, NIP: 872 214 47 41, REGON: 180 457 984, contact telephone: 516 155 120, e-mail: info@moto-tour.com.pl

  2. The Administrator declares that he adheres to the rules on the protection of personal data of persons using the website and all legal regulations provided for by the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2015 item 2135).

  3. Seller processes customer personal data necessary for the correct implementation of services available in the online store and for accounting purposes, i.e .:

  1. in order to place an order in the Online Store,

  2. in order to conclude a sales contract,

  3. in order to issue a VAT invoice,

  4. keeping a Customer Account,

  5. implementation of the "Newsletter" service.

  1. The Seller collects, processes and stores the following Customer data:

  1. first name and last name,

  2. delivery address,

  3. name and headquarters of the company,

  4. tax identification number (NIP),

  5. e-mail address (e-mail),

  6. Phone number.

  1. The Seller declares that the provision of data by the Customer in the above-mentioned scope is entirely voluntary, and at the same time necessary for the full implementation by the Seller of services provided via the Online Store

§ 12 Out-of-court dispute resolution methods

  1. The consumer has the right to use extrajudicial methods for resolving disputes and pursuing claims through mediation or arbitration. Regardless of this, the Customer may apply for help from the municipal (poviat) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and the following addresses of the Office for Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
  1. The European Consumer Centers Network helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center

  2. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at:

https://ec.europa.eu/consumers/odr/

  1. The use of non-judicial means of dealing with complaints and pursuing claims is voluntary and may take place when both parties of the dispute agree to this

  2. Disputes arising from the provision of services under these Regulations shall be resolved by a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.

§ 13 Final Provisions

  1. The Seller respects all rights of the Customer under the provisions of Polish law.

  2. The Seller reserves the right to change these Regulations. The Seller is obliged to notify Clients at least 14 days prior to entering the updated version of the Regulations, on the Online Store website, about every change.

  3. The provisions of the new Regulations do not apply to orders and contracts concluded before the entry into force of its updated version and do not affect the rights acquired by the Customers pursuant to the provisions of the previous Regulations.

  4. The customer has the right not to accept the new wording of the Regulations.

  5. The content, in particular graphics, texts, layouts and colors of the website, are the property of the Seller and are subject to protection of the provisions of the Copyright and Related Rights Act. Each use of the content requires the written consent of the Seller. Failure to obtain consent may result in criminal and civil liability.

  6. Disputes arising from the provision of services under these Regulations shall be resolved by a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.

  7. Annexes to the Regulations constitute its integral part.\

  8. The Regulations enter into force on December 12, 2016

ATTACHMENTS::


DECLARATION OF WITHDRAWAL FROM THE AGREEMENT

 

REGISTRATION FORM

 

INSTRUCTION ON WITHDRAWAL FROM THE AGREEMENT

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