Regulations

RULES OF THE ONLINE STORE

These rules are directed at Consumers and define the principles and procedure for entering into a distance sales agreement with a consumer through the store.

§ 1. General Provisions

These rules define the terms of use for an online store operated in the form of dropshipping (hereinafter "Store").

The online store MotoHarley.pl, available at www.motoharley.pl, is operated by Dawid Gądkowski based in Nowy Sącz, operating as an unregistered entity in accordance with the Act of 6 March 2018 - Entrepreneurship Law, hereinafter referred to as the "Service Provider".

§ 2. Contact with the Store

  1. Seller's email address: motoharleypl@gmail.com
  2. Seller's phone number: 577 080 242
  3. The Customer can contact the Seller by phone from Mon-Fri, between 10:00-20:00.

§ 3. Definitions

Regulations – these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).

Online Store – an internet service available at www.moto-atelier.pl through which the Customer can purchase Products.

Store Website – any page or subpage located at www.motoharley.pl

Customer (buyer) – a natural person who is at least 13 years old, and in the case of persons who have not reached the age of 18, requires the consent of their legal representative, as well as a legal person and an organizational unit that is not a legal person, which special regulations grant legal capacity, who places or intends to place an Order or uses other services of the Online Store (including Consumers).

Subject of the transaction – Products listed and described on the Online Store website. The Seller makes every effort to ensure that the offer presented on the website is up to date. However, if some of the Ordered Goods are not available, the Seller undertakes to promptly inform the Buyer by telephone or email.

Product – movable property/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.

Additional Service – a service provided by the Service Provider to the Customer outside the Online Store in connection with the nature of the products sold.

Sales Agreement – a sales agreement for Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using means of distance communication (including by telephone).

Order – a declaration of intent by the Customer submitted using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller through the online store.

Registration Form – a form available in the Store enabling the creation of an Account.

Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

Cart – a Store software element in which the Products selected for purchase by the Customer are visible, and where it is possible to specify and modify the Order details, in particular the quantity of Products.

§ 4. General Information

  1. The Store offers products free from physical and legal defects, which have been legally introduced into the Polish market available in the dropshipping system, which means that physical goods are not stored. Orders are forwarded directly to suppliers.

  2. Placing an Order in the Online Store by the Buyer is conditioned upon familiarization with these Regulations and accepting their provisions.

  3. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the Customer's technical infrastructure.

  4. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products available in the Store is possible either after creating an Account or by providing necessary personal and address data enabling the execution of the Order without creating an Account.

§ 5. Creating an Account in the Store

  1. To create an Account in the Store, you must complete the Registration Form.

  2. Creating an Account in the Store is free of charge.

  3. Logging into the Account is done by providing the login and password established in the Registration Form.

  4. The Customer has the option to delete the Account at any time, without giving a reason and without incurring any fees, by sending a relevant request to the Seller, especially via email or in writing to the address provided in the General Provisions.

§ 6. Ordering Rules

  1. Placing an order through the website involves prior logging into the Store or using the option to place an Order without registration. If the option to place an Order without registration is chosen, the Order Form must be completed by entering the recipient's data and the delivery address, selecting the type of shipment (method of Product delivery), entering invoice details if different from the recipient's data.

  2. Orders placed through the website can be placed 24 hours a day, 7 days a week, all year round. Orders placed by phone or email are possible only during the hours specified in these Regulations.

  3. The Order is effective if the Buyer correctly completes the order form and provides correct contact details, including the exact address to which the Product is to be delivered, as well as a telephone number and email address. If the provided data is incomplete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.

  4. The Buyer consents to the issuance and electronic sending to the email address provided by them of electronic images of settlement documents, in particular such as: invoices with attachments, corrective invoices with attachments, and forms. This consent also authorizes the Seller to issue and send invoices in electronic form, in accordance with the regulation of the Minister of Finance of December 17, 2010, on the electronic transmission of invoices, rules for their storage, and the method of making them available to the tax authority or tax control authority.

  5. During the Order placement, the Buyer may consent to the inclusion of personal data in the Seller's Online Store database for processing related to Order fulfillment. Upon granting consent, the Buyer has the right to access their data, correct them, and request their deletion.

  6. After placing an effective order, the Customer will receive an automatic reply from the store confirming receipt of the order.

§ 7. Order Fulfillment

  1. Order fulfillment period up to 30 business days.

  2. If the Buyer chose prepayment for the order, the Seller will start fulfilling the order after it has been paid.

  3. If the Buyer chose payment by bank transfer for the order, the Seller will start fulfilling the order after it has been credited to the account.

  4. If the Buyer chose cash on delivery payment for the order, the Seller will start fulfilling the order immediately after the Buyer places the order.

  5. In a situation where within one order the Buyer purchased goods with different fulfillment times, the order will be fulfilled within the deadline applicable to the product with the longest deadline, unless otherwise indicated in the description of the respective product.

  6. The Store does not conduct regular stationary sales, therefore in the case of choosing personal pickup by the Buyer, the Buyer will be informed about the readiness of the goods for pickup.

§ 8. Offered Delivery and Payment Methods

  1. The Customer may use the following methods of delivery or pickup of the ordered Product:

    • courier shipment,
    • cash on delivery courier shipment,
    • parcel locker shipment,
    • cash on delivery parcel locker shipment,
    • personal pickup available after prior contact by phone or email. The Store does not conduct regular stationary sales, therefore in the case of choosing personal pickup by the Buyer, the Buyer will be informed about the readiness of the goods for pickup.

  2. The Customer may use the following methods of payment:

    • cash on delivery,
    • bank transfer payment to the Seller's account,
    • payment on delivery.

  3. A personalized purchase document or invoice is issued for each sold Product.

§ 9. Receipt of Delivery

Before accepting the shipment from the courier, please check if the packaging has not been damaged during transport. Pay particular attention to the condition of the tapes affixed to the shipment. If the packaging shows signs of damage, do not accept the shipment and, in the presence of the courier, draw up a damage protocol and contact the Seller as soon as possible. Failure to report discrepancies in the quantitative or qualitative condition of the shipment upon receipt may adversely affect the outcome of the Customer's claims regarding damage or theft of the shipment during transport.

§ 10. Right of Withdrawal

  1. The Customer who has entered into a distance contract has the right to withdraw from the contract without giving any reason by submitting a relevant written statement. The withdrawal period expires after 14 days (legal basis: Article 7(1) of the Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271, as amended). This period is a strict deadline and counts from the day of handing over the item. To meet this deadline, it is sufficient to send the statement before its expiry. This right applies to consumer sales only, and therefore applies exclusively to a natural person who makes a purchase for purposes unrelated to their professional or business activity.

  2. The returned goods in this mode will only be accepted if they are returned fully complete and the product itself is undamaged and shows no signs of use.

  3. The returned goods must be sent at the Customer's own expense to the Seller's registered office.

  4. The statement can be sent by traditional mail to the Seller's address or electronically. If the Customer sends the statement electronically, the Seller will immediately send a confirmation of receipt of the statement of withdrawal from the contract to the email address provided by the Customer.

  5. Within two business days of receiving the goods along with the statement of withdrawal from the contract, the store will check the product. If the product meets the requirements mentioned in point 2 of this paragraph, a corrective invoice will be issued. The original and a copy of the invoice will be sent to the Customer by priority mail. The Customer should return a signed copy of the corrective invoice. Upon receipt, within 7 business days, the Store will refund the payment to the Customer's designated account.

  6. The right to withdraw from the contract does not apply in accordance with Article 38 of the Act of May 30, 2014, on consumer rights with respect to a contract in which the subject of performance is a non-prefabricated item, manufactured according to the consumer's specifications, personalized, e.g., by placing an inscription on the product or serving to satisfy their individualized needs.

§ 11. Complaints and Warranty

  1. Returns and complaints regarding the quality of products should be reported directly to the supplier. The Store does not accept returns.

  2. In case of problems with the order, the Customer should contact the Store's customer service.

§ 12. Personal Data in the Online Store

  1. The administrator of personal data of Customers collected through the Online Store is the Seller.

  2. Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees - also for marketing purposes.

  3. Recipients of personal data of Customers of the Online Store may be:

    a. In the case of a Customer who uses postal delivery or courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Administrator.

    b. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling these payments in the Online Store.

  4. The Customer has the right to access their data content and correct it.

  5. Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary to conclude the Sales Agreement will result in the inability to conclude such an agreement.

§ 13. Final Provisions

  1. Matters not regulated by these Regulations are governed by the provisions of the Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended), the Act of July 27, 2002, on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended), and the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

  2. Disputes arising from the application of these Regulations and in connection with the performance of agreements concluded between the Store and Customers will be resolved by the competent court in accordance with the provisions on substantive and local jurisdiction pursuant to the Act of November 17, 1964, the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

  3. The Service Provider reserves the right to amend these Regulations, with the proviso that the version of the Regulations in force at the time of placing the order by the Customer applies to agreements concluded before the amendment of the Regulations.

  4. The Regulations enter into force on March 5, 2024.

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