Terms and conditions for the sale of goods and the provision of services by electronic means.

§ 1

Introduction

This regulation specifies the terms and conditions of use of the online store shared at www.woohoobikes.com by Mirosław Szwed, established under the name WooHooBikes.com, ul. Rudzka 38/3, 47-400 Racibórz, Poland, NIP: 6391694428, REGON: 360005369, entered into the register of entrepreneurs-central registration and information about the business (COMPANY REGISTRATION CERTIFICATE), carried out by the competent Minister. the economy and, in particular, specifies the rules for submission of orders and conclusion of sales contracts using the means of distance communication, as well as the use by customers of the services through an online store.

Data for quick communication with the seller (address/contact information/complaints):

WooHooBikes.com, Mirosław Szwed

Rudzka 38/3, Racibórz, 47-400, Poland

Bank account number: 91 1140 2004 0000 3702 7539 2149

VAT number: PL6391694428

REGON: 360005369

For all questions on the bikes and parts, please contact us at the following email address: contact@woohoobikes.com

§ 2

Used in the rules means:

Used in the rules means:

1. Client-natural person, including the consumer, who has completed at least 18 years of age, as well as a legal person or an organizational unit not a legal person, where the special provisions confer legal capacity, and who has made or intends to place an order or use other services from an online store;

2. The consumer is a natural person, including the consumer, who has reached at least 18 years of age, as well as a legal person or an organizational unit, not a legal person, where the special provisions confer legal capacity, and who has made or intends to place an order or use other services from an online store;

3. An account is a place where customers can manage their personal data, keep track of their orders, and finish their orders after logging in. They don't have to enter their personal information again when they finish their order after logging in.

4. Terms and conditions: These terms and conditions of sale make use of electronic means of communication and service provision. In the field of electronically supplied services, terms and conditions are those referred to in article 2.8 of the Act of July 18, 2002 on the provision of services by electronic means;

5. Registration – a single free act, which consists of the assumption by the customer of the customer's account, using the administration panel provided by the service provider on the store;

6. Online Store (as well as Shop)-Internet service available at www.woohoobikes.com through which the customer may place orders, and also use the other store services;

7. Party—service provider or client.

8. Goods—mobile articles that are the subject of the contract of sale;

9. The contract of sale-purchase agreement, within the meaning of the civil code, is concluded between the provider and the client by means of distance communication through the store, the object of which are the goods;

10. Service (Services) - a service provided by the service provider by electronic means on the principles set out in the regulations through the store;

11. Service provider (also as „Seller") - Miroslaw Szwed, established under the name WooHooBikes.com, Miroslaw Szwed, ul. Rudzka 38/3, 47-400 Racibórz, Poland, VAT number: 6391694428, REGON: 360005369,

12. Act: the Act of May 30, 2014, on the Rights of the Consumer (OJ No. 2014.827);

13. Order-statement The customer will constitute an offer for the conclusion of the contract of sale with the provider, directly to the conclusion of the contract of sale at a distance through the online store that specifies the type and number of goods that are the subject of the contract of sale.

§ 3

Obligations of the Parties

1. The customer must use the services provided by the service provider in a way that is in line with the laws in place in the Republic of Poland and the European Union, as well as the rules of procedure. He or she must also only provide legal content that isn't allowed by common law.

2. The seller is obliged to deliver the goods free from defects.

3. If the buyer is a consumer, the seller is obliged to immediately pass the goods to the purchaser no later than thirty days from the date of conclusion of the contract of sale, unless the contract of sale stipulates otherwise (e.g., in the description of the goods, another term of delivery is indicated).

§ 4

Orders

1. The customer may place orders through the online store 7 days a week, 24 hours a day. To place an order, you do not need to register.

2. With a view to the conclusion of the contract of sale of goods at a distance through the online shop, you should log in to your account or provide the necessary data to establish the customer's account or use the one-time purchase without creating an account for the customer by providing data that is required by the seller when placing the order and making an order when taking technical steps based on the displayed customer information.

3. An order will be made as soon as you press the customer button "order".

4. Throughout the order process, until you press "order," the client can modify submitted orders.

5. A condition of the submission of an effective contract is that it be read and accepted by the client.

6. Placing an order constitutes an offer to conclude the contract of sale of the goods, within the meaning of the civil code, by the client.

7. After placing an order, the customer receives an e-mail message that contains a confirmation of the receipt of the order from the store, which contains the final confirmation of all the essential elements of the contract.

8. Along with the receipt by the client, the confirmation referred to in paragraph 7 above, comes the conclusion of the contract of sale.

§ 5

Prices, payment and delivery of goods

1. The prices of the goods in the shop are quoted in Polish Zloty, U.S. dollars and euros and are gross prices, i.e., including VAT.

2. Prices do not include delivery costs, which are calculated in the process of placing the order. The total contract value includes the price of the goods and the cost of delivery, if delivery costs are to be borne by the customer.

3. The customer has the possibility of paying the prices as follows: Tpay; PayPal service; by bank transfer to the bank account of the provider (prepaid); cash on delivery, i.e., cash on delivery (shipping cash on delivery).

4.  

4. The delivery time is from 3 to 60 business days, depending on which country the goods are sent to. In the case where, at the time of the order, the item is not in stock, the delivery time may extend to what the client is informed via e-mail.

5. Notwithstanding the provisions of paragraph 4 above, the order of the goods will be forwarded to the implementation (for shipping) immediately after the conclusion of the contract of sale, but in the case of payment by bank transfer (prepayment), shipping will be implemented only after payment for the goods at the seller's bank account.

6. Ordered goods that the seller provides via specialized courier companies or through the Polish Post. In some cases, it is possible to pick up the goods in a shop.

7. Shipments are delivered via Polish Post within Poland, usually within 2–5 days, and by courier, usually the next working day after dispatch from storage.

8. In the case of payment by cash on delivery, the client agrees to receive and pay for purchased goods (including shipment costs) directly to the courier evidencing shipment, or at the post office. In the case of evasion of payment of the delivered shipment, in the event of non-performance of the contract of sale by the client, the post office will return the shipment to the seller (after 14 days after the first delivery attempt). In this situation, ie. in the event of non-performance of the contract of sale by the buyer, the seller may require the buyer to its implementation, and to demand compensation for the damage caused to him by the non-execution of the agreement of sale by the buyer, which means, in particular, cover the shipping costs both ways and for the performance of the contract, payment.

9. On delivery of the ordered goods, we suggest that the consumer verify the shipment and indicate that, in the case of:

   1. mechanical damage to the contents of the shipment;

   2. incompleteness of the consignment;

   3. non-compliance of the contents of the shipment with the subject matter of the contract,

   the consumer is entitled to refuse to accept the shipment. In this case, we suggest that you save your comments or notes from the event in the presence of the supplier and immediately notify the service provider of the situation. In any case, in the event of damage, we suggest that you draw up a damage protocol in the presence of the purveyor of the shipment.

10. The client who has not supplied the consumer at the time of delivery is obliged to check its contents. In the event of damage, it is required to notify the supplier of the goods and to contact the seller as soon as possible.Complaints regarding mechanical damage to the goods during transport will be considered only once the loss protocol is signed by the recipient, who will not be the consumer nor the provider of the shipment.

11. The seller recalls that, in accordance with art. 548. 1 of the civil code, as soon as the issue of the things sold passes to the purchaser (the customer), the benefits and burdens associated with the thing (a commodity) and the risk of accidental loss of or damage to things (goods).

12. If the goods are to be sent by the seller to the consumer, the danger of accidental loss or damage to the goods shall pass to the consumer at the moment of the seller's release of the goods to the consumer. The release of the goods shall be deemed to be her entrustment by the seller to the carrier if the seller had no effect on the choice of the carrier by the consumer.

§ 6

Permission of the consumer to withdraw from the contract (return of the goods)

1. The consumer may withdraw from the contract for the sale of goods concluded at a distance without cause by making a statement to that effect in writing within 14 (fourteen) days. This time limit shall run from the entry of the things into the possession of the consumer or the third party (other than the carrier), and in the case of a contract that includes a lot of things that are supplied separately, in lots or in parts-from taking possession of the last thing, a batch or parts. To maintain the deadline, it is sufficient to send the relevant declaration before its expiration to the seller's address.

2. The Declaration referred to in paragraph 1. above, you can also deposit a form, a specimen of which is given in Annex 2 to the Act and Appendix 1 to the Rules of Procedure.

3. In the event of a withdrawal from the contract of sale of goods concluded at a distance, the contract is deemed null and void.

4. If the consumer has made a statement of withdrawal from the contract of sale before the seller accepted his offer, the offer ceases to be associated.

The Responsibilities of the Consumer

5. The consumer is obliged to return the goods to the seller or to the person authorised by the seller to receive them without delay, but not later than 14 days from the date on which he withdrew from the contract of sale, unless the seller offered to take back the goods itself. To meet the deadline, it is sufficient to refer to the goods prior to their expiration. The goods should be packed in a way that will ensure their safe transport.

6. The consumer shall bear the direct cost of returning the goods (cost of reference).

7. The consumer shall be liable for any diminished value of the goods as a result of their use in ways that go beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

Obligations of the Seller

8. The seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement from the consumer, withdraw from the contract of sale and return to the consumer all sums paid by the consumer, including the cost of delivery of the goods. If the seller has not suggested that he take back the goods to the consumer, it may withhold the reimbursement payments received from the consumer until things are back or delivery by the consumer proves of mailing, depending on which event comes first.

9. The seller shall refund using the same method of payment that was used by the consumer, unless the consumer has expressly agreed on another way to return, which is not associated with any costs.

10. If the consumer has chosen a method of delivery other than the cheapest regular delivery method offered by the seller, the seller is not obliged to refund the consumer the additional costs incurred by him.

11. We suggest that you include the proof of purchase, in order to facilitate the process of return.

The statutory exclusion of the right of withdrawal from the contract of sale

12. The right to withdraw from the agreement is not entitled in situations referred to in article 38 of the Act, i.e. m.in. in respect of contracts:for the provision of services, if the entrepreneur fully performed the service with the express consent of the consumer, who was informed before the commencement of that after completion of the service by the trader loses the right to withdraw from the agreement;where the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the expiry of the deadline to withdraw from the contract;where the object of the service is prefabricated, manufactured according to the specifications of a consumer or for satisfaction of his individualized needs;where the object of the service is to prone to deteriorate or having a short shelf life;where the object of the service is the thing supplied in sealed packaging, which after opening the package cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery;where the object of the service are things that after delivery, due to their nature, are inseparably linked to other things;in which the consumer expressly requested that the entrepreneur to it comes to urgent repair or maintenance; if the entrepreneur provides also services other than those where the consumer requested or provide things other than spare parts necessary to repair or maintenance, the right of withdrawal the consumer is entitled to in relation to additional services or items;concluded in a public auction;

     

§ 7

Warranty for material defects in the goods (complaints)

1. The seller is obliged to deliver the goods free from defects and is responsible for defects in the goods.

2. A physical defect is the incompatibility of goods sold with the contract of sale.

3. Complaints and warranties for defects (non-conformity of goods with the contract of sale) may be submitted in writing directly to the address of the service provider (ul. Rudzka 38/3, 47-400 Racibórz, Poland) or by e-mail to the address contact@woohoobikes.com.

4. If the sold item has a defect, the customer can:

   1. request replacement of the goods free from defects;

   2. request removal of the defect;

   3. or make a statement with a price reduction or withdraw from the contract of sale unless the seller immediately and without undue inconvenience to the customer will replace the defective goods free from defects or the defect will be removed. That doesn't apply if the seller has already changed the product for free or repaired it. If the seller hasn't met his or her obligation to exchange things for things free of defects, this restriction doesn't apply.

5. It is not possible for the buyer to cancel the sale if the defect is not important.

6. In the case of a finding of non-compliance by the consumer of the goods with the contract of sale (physical defects), the consumer should send the defective goods to the seller together with a description of the non-compliance.

7. We suggest that you include the proof of purchase in the complaint process in order to improve it.

8. The seller is liable under warranty if a physical defect is detected after the expiry of two years from the date of release of the goods.

9. The seller undertakes to consider each complaint within 14 days.

§ 8

Guarantee of quality of the Goods

1. The goods can be given a guarantee of quality. In this case, the guarantee document shows who is responsible under the warranty, the warranty conditions are specified, as well as how to proceed in case of detection of defects in the goods.

2. The above does not exclude Consumer rights specified in § 7, on whether the consumer should choose the form of removal of the defect and of any use.

§ 9

Newsletter

1. The client can consent to receive commercial information. has the ability to order our newsletter-service provided by your service provider. The newsletter is sent only to Customers who pre-ordered Newsletter.

2. As part of the Newsletter Service, via email, to the email address provided by the customer, the information is sent in the form of a letter (email) newsletter (Newsletter) online store, as well as other commercial information sent by the service provider on its own behalf and on behalf of third parties.

3. The client may, at any time, opt out of the newsletter.

§ 10

Other rights and obligations

1. The contract for the provision of services by electronic means (about the use of the store) has been concluded for an indefinite period.

2. Either party may terminate the agreement for the provision of services by electronic means (for the use of an infrastructure-Store customer account) at any time and without giving reasons, subject to the retention of rights acquired by the other party prior to the termination of the agreement and the provisions below.

3. A customer who has registered resolves the agreement for the provision of services by electronic means by deleting their account, consisting of the disposal of its removal or request for deletion of the account of the service provider. In the case of requests to remove a service provider, Account termination occurs after the expiry of the notice period of 5 days.

4. The service provider shall terminate the contract for the provision of services by electronic means and inform the customer at the email address provided by the customer during the registration process, within 14 days of the intended date of removal of the customer's account.

5. The service provider has the right to end the contract for the provision of services by electronic means right away if the customer breaks these rules or doesn't stop breaking them for at least three working days after the service provider calls on them to do so.

§ 11

General terms and conditions of use of the store

1. The service provider provides the following services via the online shop:

   1. presentation of the offer of the shop,

   2. the ability to place orders for goods available in the online store and the same distance selling contracts,

   3. informing the client of the current order status,

   4. the ability to use the customer's account,

2. In paragraph 1. pt. 1 above, there is no need to register to get access to the services that are mentioned there.

3. Access to the services referred to in paragraph 1. pt. 2-4 above requires registration.

4. To use the store is required by the client device with access to the Internet with a Web browser (Mozilla Firefox recommended minimum version 24.0, Opera 10, Google Chrome version 28.0 or higher or MS Internet Explorer minimum version 8.0 or later), which provides support for cookies and Javascript. It is permissible to use different versions of Web browsers, if they provide full compatibility with the versions listed above.

5. For the sake of the safety of use of the online store, it is recommended that the device used by the customer in particular have the following: an antivirus system with the latest version of virus definitions and updates; an effective firewall; all available updates for your operating system and Web browser that relate to safety; an activated function of accepting cookies and Java Script in a Web browser; and software to read PDF files.

    

§ 12

Settlement of disputes

1. The settlement of any disputes arising between the provider and the client, who is a consumer, shall be by the competent courts in accordance with the relevant provisions of the code of civil procedure.

2. The settlement of any disputes arising between the provider and a client who is not a consumer shall be the competent court due to the seat of the service provider.

§ 13

Personal data

1. Personal data is processed by the service provider, taking account of the provisions of the law in this area, including, in particular, the Act of August 29th, 1997 on the protection of personal data.

2. Providing personal data is voluntary, but failing to provide the required personal information may prevent you from placing an order.

3. All personal data is subject to special protection.

4. Everyone should have the right to access their personal data, as well as the right to request its update, or stop processing.

§ 14

Final provisions

1. The consumer has the right to negotiate the terms of the provisions of the regulations. In order to execute this, consumers' permission should contact the provider via postal mail, e-mail, or telephone.

2. In matters not regulated by these terms and conditions, generally applicable law will prevail.

3. Customers can access the terms and conditions at any time and free of charge via the Internet reference (i.e. link), which is stated on the home page of the store and make a print of them.

4. Information about the items listed in the store, in particular, their descriptions, technical specifications, production and prices, is an invitation to enter into a contract within the meaning of article 71 of the civil code.

5. The exclusive rights to the content made available as part of the online store and, in particular, the copyright for photos, store names, trademarks, service providers, and manufacturers of goods that make up their composition, graphics, software, and database rights are protected by law and are entitled to service providers or third parties with whom the provider has concluded relevant agreements. It is prohibited to copy, or other forms of use, any store items without the consent of the service provider.

Appendix 1 to the Rules and Agreements

Form of Withdrawal from the Contract of Sale

Complete and return this form only if you wish to withdraw from the contract)

Date:

..............................

Recipient

WooHooBikes.com

Rudzka ul. 38/3,

47-400 Racibórz

Poland

e-mail: contact@woohoobikes.com

Phone number: (+48) 733 128 126

I hereby withdraw from the sale contract for the following reasons:

........................................................

The date of the conclusion of the receipt of goods:

..............................

Consumer's name:

........................................................

Bank account number:

........................................................

Consumer's address:

........................................................

Consumer signature (only if this form is sent in paper form):

..............................