store regulations

I. Definitions

The terms used in the Regulations mean:

  • Business days – are the days from Monday to Friday, excluding public holidays;
  • Customer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to whom the law grants legal capacity; – who places an order on the terms specified in these Regulations;
  • Discount code – a unique alphanumeric code entitling the Customer to a one-time percentage or amount discount on the purchase of the Goods. The discount code cannot be exchanged for cash;
  • Civil Code – the Act of April 23, 1964; Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his or her business or professional activity;
  • Natural person conducting business activity making a non-professional purchase – a natural person concluding a distance sales contract directly related to his or her business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, which grants the right to: withdraw from the contract on the terms granted to Consumers, apply the provisions on unfair contract terms used in contract templates, and concerning liability for defects in the item sold;
  • Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on his or her own behalf and performing a legal act directly related to his or her business or professional activity;
  • Regulations – this document; Online store – an internet service operated by the Seller, available at the electronic address: ruchomadeska.pl, through which the Customer can obtain information about the Goods and their availability and purchase the Goods;
  • Seller /Service Provider – Ontrops Sp. z o.o. with its registered office in Olsztyn, at ul. Hozjusza 1, 11-041 Olsztyn, NIP 7393973050, REGON 5231258050, info@ruchomadeska.pl ; Goods – a product presented in the Online Store, the description of which is available with each of the presented products; Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  • Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services;
  • Customer – a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; a legal person; or an organizational unit without legal personality, which is granted legal capacity by law; – who uses or intends to use the Electronic Service.

II. General provisions

  1. These Terms and Conditions set out the general conditions of sales conducted through the online store https://ruchomadeska.pl/.
  2. These Regulations are permanently available on the website https://ruchomadeska.pl/ in a manner that allows obtaining, reproducing and recording its content by printing or saving on a carrier at any time.
  3. The condition for starting to use the Store is reading these Regulations and its full acceptance. It is considered that reading and acceptance of these Regulations is tantamount to the provision of information by the Entrepreneur (Seller) to the consumer (Customer), which is referred to in Article 12 of the Act of May 30, 2014 on consumer rights, this information is contained in the following paragraphs of the Regulations.
  4. The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements: computer or mobile device with access to the Internet, access to e-mail, web browser Firefox, Internet Explorer, Chrome, Opera, Safari, the inclusion of Cookies and Javascript in the web browser.
  5. The customer shall:
    • provide only true, up-to-date and all necessary data when registering and ordering on the Online Store, as well as update them promptly;
    • use the services made available by the Seller in a manner that does not interfere with the functioning of the Seller, the Online Store and other Customers;
    • use the services made available by the Seller in a manner consistent with the law and the provisions of the Terms and Conditions.

From January 1, 2021, the provisions concerning Consumers specified in this regulation and the Consumer Rights Act (right of withdrawal from the agreement, liability for defects, prohibited contractual provisions) also apply to agreements concluded from that day onwards with Customers who are natural persons and who enter into an agreement directly related to their business activity, when it results from the content of these agreements that they do not have a professional character for them. To determine whether such a Customer has consumer rights in specific circumstances, it is necessary to verify whether the concluded agreement has a professional character based on the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.

III. Services

  1. The services are provided by the Seller 24 hours a day, 7 days a week.
  2. Contact with Ontrops is via email at info@ruchomadeska.pl, or by phone during business hours at +48 730125825 (charged at the operator’s local rate).
  3. The Service Provider provides the following Electronic Services to Customers via the Online Store: Placing orders and entering into Sales Agreements, in accordance with the rules set out in this Regulation;
  4. The agreement for the provision of the Electronic Service consisting of enabling the placing of an Order in the Store is concluded for a specified period and expires upon placing the Order or discontinuing its submission by the Service Recipient.
  5. In the event of a breach by the Service Recipient of the provisions of this Regulation or in the event of actions detrimental to the Service Provider, the Service Provider may, after prior unsuccessful demand to cease or remedy the breaches, with a specified deadline, block access to the Customer’s Account and terminate the agreement for the provision of Services with a 14-day notice period.
  6. The termination of the agreement for the provision of the Account service by either party, as well as the termination of the agreement for the provision of the Account service with the consent of both parties, does not affect the rights acquired by the parties prior to its termination.

IV. Sales Agreement for Goods

  1. Information about Goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, as well as prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
  2. All Goods available in the Online Store are brand new, free from physical and legal defects. These are three-wheeled skateboards.
  3. Placing an order is possible without registration.
  4. The condition for placing an order is to have an active email account. The following data must be provided in the Order form: first name, last name, company name (optional), delivery address, email address, contact phone number. Improper completion of the form or providing incorrect data may result in the Online Store’s withdrawal from fulfilling the Order. Failure to exercise due care when completing the form may result in the Customer incurring additional costs, including costs of a compensatory nature, costs of incorrectly sent shipments, costs of re-shipment, and other justified costs incurred by the Store to fulfill the given Order.
  5. In the case of placing an Order through the Order form available on the Online Store’s website, the Order is submitted by the Customer to the Seller in electronic form and constitutes an offer to conclude a sales agreement for the Goods subject to the Order. An offer made in electronic form binds the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the email address provided by the Customer, which constitutes the Seller’s statement of accepting the Customer’s offer and the sales agreement is concluded upon its receipt by the Customer.
  6. The sales agreement is concluded in the Polish language.
  7. Orders can be placed 24 hours a day. Placing an order entails an obligation to pay.
  8. If an invoice is to be issued to a Client who runs a business and/or is a VAT taxpayer, the order must include the Client’s details and VAT identification number (NIP). By making a purchase in the Store and confirming the order, the Client agrees to receive an invoice without a signature.
  9. The Client may cancel their order provided it has not been dispatched. In such a case, the Client must inform the Seller by sending an email to the address provided or by contacting the phone number listed on the Store’s website.
  10. In the event of the Client canceling the order, the Seller will refund the payment received within 7 business days. The refund will be made using the same payment method used by the Client.

V. Delivery of goods

  1. Delivery of goods is made to the address indicated by the customer when placing an order. Delivery of goods is limited to the territory of EU countries.
  2. Delivery of goods is carried out through courier companies.
  3. The buyer may collect the goods in person at the points of parcel collection (DHLParcel Poland or InPost Paczkomat).
  4. The seller informs the customer on the website of the store about the number of business days required to fulfill the order and its delivery, as well as the amount of fees for the delivery of goods.
  5. The delivery and fulfillment time of the order is counted in business days.
  6. If different delivery times are specified for the goods covered by the order, the longest period among those specified applies to the entire order.
  7. Promotions offered by the store regarding free delivery of ordered goods, especially when the promotion depends on the value of the order placed by the customer, apply only to orders fulfilled in the territory of Poland and do not include delivery of orders outside of Poland.

VI. Prices / Payments

  1. The prices of goods are given in Polish zlotys or Euros, depending on the choice of the Customer, and include all components, including VAT and other fees.
  2. The Customer can choose the following payment methods:

Online payments:

  • fast online transfer; the service provider is Tpay (a payment system belonging to Krajowy Integrator Płatności S.A. with its registered office in Poznań);
  • BLIK; the payment service is provided by the bank of the purchasing Customer, in which they have a bank account.

In the case of an Order with online payment, such as fast online transfer or BLIK, the execution will begin after the Seller sends the Customer a confirmation of the acceptance of the Order and after the Seller receives information from the settlement system operator about the Customer’s payment. The shipment will be made immediately after the Order is completed.

The User making the payment will be informed directly before making the payment about the amount in which the payment should be made, the possible ways of conducting the payment, and the data of the operator carrying out the payments if such an option is available in the service. The detailed regulations for making payments through electronic payment operators are available on the website of the specific operator. By making a payment through an electronic payment operator, the User should follow the instructions given by the electronic payment operator to make the payment.

 

VII. Right to withdraw from the Agreement

  1. A consumer who has concluded a distance agreement may withdraw from the sales agreement without giving any reason by submitting a relevant statement within 14 days from the date of delivery of the goods.
  2. The running of the period for withdrawing from the agreement begins:
    • for a sales agreement – from the moment the consumer or a third party designated by the consumer other than the carrier takes possession of the goods, and in the case of an agreement that covers many goods that are delivered separately, in batches or in parts – from the moment the consumer takes possession of the last item, batch or part.
  3. The customer may submit the statement of withdrawal independently or use the template of the statement of withdrawal from the Agreement (Annex 1).
  4. The seller, upon receipt of the statement of withdrawal from the Agreement by the consumer, shall send confirmation of receipt of the statement of withdrawal from the Agreement to the consumer’s e-mail address.
  5. In the event of withdrawal from a distance agreement, the Agreement is considered as not concluded. What the parties have provided shall be returned unchanged, unless a change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should take place immediately, no later than within 14 days from the date of withdrawal from the Agreement. It is sufficient to return the Goods to the address of Ontrops to meet the deadline.
  6. The purchased product must be returned to the Seller’s address.
  7. The customer bears the direct cost of returning the product, unless the Seller agrees to bear this cost.
  8. The Seller shall immediately, but no later than 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the product. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of refund, which will not entail any costs for the Consumer.
  9. The Seller may withhold the refund of payments received from the customer until the product has been returned or until the customer has provided proof of its return, whichever occurs earlier.
  10. If the Consumer has chosen a method of delivery other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
  11. The customer is responsible for any reduction in the value of the product resulting from its use in a manner exceeding what is necessary to determine the nature, characteristics, and functioning of the product.
  12. Withdrawal from the Agreement applies to unused products and elements of the Product that have not been assembled/connected into a whole.
  13. As of January 1, 2021, the provisions regarding the Consumer specified in this chapter also apply to customers who are natural persons and who conclude an agreement directly related to their business activity, provided that these agreements do not have a professional nature for them. To determine whether such a customer has consumer rights in certain circumstances, it is necessary to verify whether the contract has a professional nature based on the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.
  14. If it is deemed that a purchase of a product made by a person conducting a sole proprietorship in the online store had a professional nature, the Seller shall immediately, no later than 3 business days from the receipt of the statement of withdrawal, inform the person making the statement that, due to the professional nature of the purchase, the right to withdraw does not apply, and therefore the statement of withdrawal from the agreement has no legal effect. If the physical return of the product was made along with the statement of withdrawal from the agreement, the product will be returned at the expense of the person making the statement and to the address provided in the Order. The Seller’s response will be provided using the same method used by the person making the statement.

VIII. Exclusion of the right to withdraw from the contract

  1. The right to withdraw from the contract by the Consumer is excluded in the following cases:
  • Contracts in which the subject matter of the performance are Products that, due to their nature, after delivery become permanently connected with other things;
  • In the case of assembling individual components of the purchased Product into a whole, which makes them inseparable.

 

IX. Complaint procedure

  1. The customer has the right to file a complaint regarding both the performance of the sales agreement and the performance of the agreement for the provision of electronic services.
  2. Regarding the performance of the sales agreement, the Seller undertakes to deliver the Goods without defects. The Seller is liable to the Customer for warranty claims in accordance with the principles set out in Articles 556-576 of the Civil Code, and in relation to the Consumer, the Seller is liable for non-compliance of the Goods with the agreement in accordance with the provisions of the Act of 30 May 2014 on consumer rights, in particular in its Articles 43a – 43q, as well as in other special provisions applicable to the Store.
  3. Non-compliance of the Goods with the agreement occurs in particular when:
    • Its description, type, quantity, quality, completeness, or functionality do not correspond to the agreement;
    • The Goods do not have the properties that they should have due to the purpose specified in the agreement or resulting from the circumstances or their destination, unless the Consumer did not comply with the label placed on the Goods;
    • The Goods were issued to the Consumer in an incomplete state;
    • The Goods are not suitable for a specific purpose that the Consumer informed the Store about no later than at the conclusion of the agreement and which the Store accepted;
    • The Goods do not have the properties that the Consumer was assured of by the manufacturer or its representative, a person who introduces the item into commercial circulation within the scope of their business activity, and a person who, by placing their name, trademark, or other distinguishing mark on the item sold, presents themselves as the manufacturer, unless the Consumer did not know about these assurances, or could not have known about them by reasonable means, or they could not have had an impact on the Consumer’s decision to conclude the agreement, or when their content was corrected before the conclusion of the agreement.
  4. The Seller is responsible for the lack of compliance of the Goods with the agreement resulting from improper installation of the Goods, if:
    • It was carried out by the entrepreneur or at their responsibility;
    • Improper installation carried out by the Consumer resulted from errors in the instructions provided by the entrepreneur or a third party referred to in Article 6 of the contract for the transfer of ownership of the goods and the performance of the service, paragraph 2 of the Act on consumer rights.
  5. Complaints should be directed to the address:
    Ontrops Sp. z o.o.
    Ul. Hozjusza 1
    11-041 Olsztyn
    info@ruchomadeska.pl
  6. It is often advisable to deliver the purchased goods to the Seller together with the complaint, in order to enable the Seller to examine the Goods.
  7. The Customer is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for the manner in which the Goods are to be brought into compliance with the Sales Agreement or a statement of a price reduction or withdrawal from the Sales Agreement.
  8. The Seller undertakes to consider each complaint within 14 days. In case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receiving the call.
  9. If the Customer who is a Consumer has requested the replacement of the item or the removal of a defect, or has made a statement of a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been recognized as justified.
  10. In the event of the Seller recognizing the complaint as justified, the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
  11. In the event of the Seller acknowledging the Customer’s complaint as justified and the Customer expressing a desire to withdraw from the agreement and therefore receive a refund, the Seller shall make a refund of the full amount paid by the Customer using the same payment method that the consumer used, unless the consumer has expressly agreed to a different refund method that does not entail any costs for them.
  12. The provisions relating to the Consumer contained in this paragraph shall apply to a natural person who concludes an agreement directly related to their business activity with the Seller, where it appears from the content of that agreement that it does not have a professional character for that person, arising in particular from the subject of the economic activity carried out by that person, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The Seller shall verify whether a complaint made by a natural person conducting a sole proprietorship engaged in non-professional purchasing has a non-professional character for that person. Verification shall be carried out by analyzing the PKD codes indicated in the Central Register and Information on Economic Activity.
  13. In the event of a complaint being rejected, the Goods shall be returned at the Customer’s expense.
  14. In the event that a dispute has not been resolved as a result of a complaint submitted by a Consumer, the Seller shall provide the Consumer with a statement on paper or another durable medium regarding:
    • the intention to apply for the initiation of proceedings for out-of-court settlement of consumer disputes, or consenting to participate in such proceedings, or
    • refusal to participate in proceedings for out-of-court settlement of consumer disputes.
  15. Goods assembled in a manner inconsistent with the instructions enclosed in the packaging are not subject to complaint.
  16. Goods used in a manner inconsistent with their intended purpose, e.g., used by persons weighing more than the permissible load, used on/over unsuitable surfaces or in unsuitable conditions, are not subject to complaint.
  17. In relation to the performance of the contract for the provision of electronic services, the Customer may make complaints to the Seller regarding the functioning of the Store and the use of the Services. Complaints can be submitted in writing to the address indicated in paragraph 4. The time for considering each complaint is up to 14 calendar days from its receipt by the Seller, however, the Seller takes all steps to resolve the complaint in the shortest possible time.

X. Out-of-court methods of resolving complaints and claims

  1. The Seller informs about the possibility of using out-of-court methods of complaint handling and claim enforcement. Their use is voluntary and can only take place if both parties to the dispute agree to it.
  2. Detailed information on resolving consumer disputes, including the possibility for the Consumer to use out-of-court methods of complaint handling and claim enforcement, as well as the rules for accessing these procedures, is available at the premises and on the websites of district (city) consumer advocates, regional inspectorates of the Trade Inspection, and at the following address:
    • https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
    • https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
  3. The Client, who is a Consumer, also has the right to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
  4. Based on the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that the website http://ec.europa.eu/consumers/odr/ provides a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales agreement or a service agreement.

XI. Discount codes/Coupon codes

  1. A discount code entitles the customer to a discount specified by the Seller. The Seller reserves the right to change the terms of the promotion at any time. Discount codes have specific expiration dates, and cannot be used after they have expired.
  2. The promotional offer in the form of discount codes applies only to customers who enter the correct code in the “Redeem coupon” field and confirm it by clicking the “Redeem coupon” button when placing an order during the promotion period. Entering the discount code in the field will result in a percentage or monetary reduction of the value of the goods ordered by the customer.
  3. Discount codes can only be used for the purchase of goods not covered by other promotions. Discount codes cannot be combined or used for the purchase of products covered by other promotions (unless the promotion terms state otherwise). Only one discount code can be used per order.
  4. The Seller reserves the right to conduct promotional campaigns, sales, and make changes to them in accordance with the relevant regulations, as well as to change the prices of the Goods. The right to make changes mentioned in the previous sentence does not affect the prices of Goods in orders placed before the effective date of the price change, promotional campaign terms or sales.
  5. A limited number of Goods are allocated for sale during promotional campaigns and sales. Orders are processed in the order they are received until the allocated Goods have been sold out. The Seller notifies customers of the depletion of the allocated Goods through the Store’s website, by email, or by phone. Promotional campaigns and sales may be conducted for a specified period, which the Seller informs customers of on the Store’s website.

XII. Provisions concerning Entrepreneurs (B2B)

  1. As of January 1, 2021, this chapter does not apply to Customers who are natural persons concluding a contract directly related to their business activity, when it follows from the content of these contracts that they do not have a professional character. In order to determine whether such a Customer has consumer rights in specific circumstances (including the right to withdraw from the contract, liability for warranty, unfair contract terms), it is necessary to verify whether the concluded contract has a professional character based on the registration of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland.
  2. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability for warranty to a Customer who is an Entrepreneur is excluded.
  3. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage caused and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
  4. The Seller has the right to withdraw from the Sales Agreement concluded with an Entrepreneur within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not create any claims against the Seller on the part of the Customer.
  5. In the case of Customers who are Entrepreneurs, the Seller has the right to limit available payment methods, including requiring full or partial advance payment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
  6. Upon delivery of the Goods by the Seller to the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage pass to the Customer who is an Entrepreneur. In this case, the Seller is not liable for loss, shortage, or damage to the Goods that occurred from the moment of its acceptance for transport until it is handed over to the Customer, as well as for the delay in the shipment.
  7. Resolving any disputes arising between the Seller and a Customer who is an Entrepreneur is subject to the court having jurisdiction over the Seller’s registered office.

XIII. Force majeure clause

  1. Neither party shall be liable for any failure to perform any of its obligations if such failure is caused by an unforeseeable event beyond its control or a force majeure incident, including but not limited to an epidemic, flood, fire, storm, lack of raw materials, transportation strike, partial or total strike or blockade. The party affected by such events must notify the other party immediately, no later than 5 working days after the occurrence of such an event.
  2. The parties agree to work together to the best of their ability to fulfill the obligation during the continuance of such events.
  3. This clause does not in any way limit consumer rights.

XIV. Personal data protection

  1. The Seller collects and processes personal data provided by the Customers in accordance with the applicable laws and regulations and in accordance with the Privacy Policy.
  2. The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data.
  3.  Additional explanations regarding the protection of personal data are included in the Privacy Policy available on the Website.

XV. Final provisions

  1. All rights to the Online Store, including property rights, intellectual property rights to its name, domain name, Online Store website, as well as to forms, logos belong to the Seller, and their use may only take place in a manner specified and consistent with the Regulations.
  2. The applicable law for contracts with Customers is Polish law. The United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980, does not apply.
  3. The choice of Polish law as applicable law does not deprive customers who are consumers of the protection provided for them by the law applicable to their place of habitual residence in the EU.
  4. In matters not regulated in these Regulations, Polish law applies.
  5. The Seller reserves the right to make changes to the Regulations for valid reasons, in particular: changes in the law; changes in payment and delivery methods; changes in the scope of the offer; changes in the functionality of the Online Store website; changes in the scope of remuneration or the form of electronic services provided – to the extent to which these changes affect the implementation of the provisions of the Regulations. Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store.