TERMS AND CONDITIONS FOR PROVIDING SERVICES ELECTRONICALLY BY COELMOTORSPORT.COM
Preliminary Provisions
1. These Terms and Conditions (hereinafter referred to as "Regulations") outline the conditions for providing electronic services by the Seller via the COELMOTORSPORT.COM website to Customers.
2. A Customer is an entity that enters into a Service Agreement with the Seller, provided they have full legal capacity or limited legal capacity as regulated by applicable laws, or is a legal entity or organizational unit.
3. A Consumer is a Customer who is a natural person and enters into an Agreement not directly related to their business or professional activity.
4. The Seller is COELMOTORSPORT Jakub Krygier, located at 62-530 Posada, ul. Słowackiego 12a, NIP 6652461836, who is the service provider, administrator, and owner of the Store.
5. The Store is an online shop run by the Seller in Polish via the website accessible on the Internet at COELMOTORSPORT.COM, offering Electronic Services including Sales to Customers.
6. An Electronic Service is a service provided by the Seller to the Customer based on an Agreement concluded between the parties via the Store, within an organized system for concluding agreements at a distance, without the simultaneous physical presence of the parties.
7. A Cart is a Store functionality that allows Customers to compile orders for Products. Adding a Product to the list of Products covered by the order is done by using the "Add to cart" button located next to the Product on the Store's website.
8. Sale is a service provided by the Seller to the Customer for selling Products at a distance through the transmission and reception of data at the Customer's individual request, sent and received via electronic processing devices, including digital compression, and data storage, transmitted entirely via a telecommunications network.
9. Agreement refers to the agreement for providing Electronic Services by the Seller to the Customer.
10. Seller's Contact Information refers to the Seller's details for contact by the Customer, i.e., COELMOTORSPORT Jakub Krygier, 62-530 Posada, ul. Słowackiego 12a, NIP 6652461836, email: shop@coelmotorsport.com. The Seller does not provide a helpline.
11. Customer's Contact Information refers to the Customer's details for contact by the Seller, including address, email, and phone number.
12. Customer Account is a panel for managing the Customer's orders, available in the Store area, provided Registration and Login are completed.
13. Registration is the creation of a Customer Account by the Customer using the Store's registration form available on its website.
14. Product refers to an item presented in the Store by the Seller for Sale.
15. Delivery refers to the delivery of Products to the Customer at the specified destination via a Carrier.
16. Carrier is an entity performing Delivery of Products in cooperation with the Seller.
17. External Payment System refers to the online payment system used by the Seller.
18. Business Days are the days from Monday to Friday, excluding public holidays.
§1 General Terms and Conditions
1. Under Article 8(1)(1) of the Act of 18 July 2002 on providing services by electronic means, the Seller establishes the Regulations available at the Store's URL: COELMOTORSPORT.COM.
2. The Seller provides Electronic Services in accordance with the Regulations and the applicable law.
3. The Seller makes these Regulations available on the Store's website.
4. Customers can access, preserve, acquire, and reproduce the Regulations at any time by printing or saving them on a data carrier.
5. The information on the Store's website does not constitute an offer by the Seller within the meaning of the Civil Code but an invitation for Customers to submit offers for concluding a Sales Agreement.
6. All Electronic Services are provided via the Store's website 24 hours a day, 7 days a week.
§2 Conditions of Use and Registration
1. To use the Store, the Customer must have an IT device with Internet access, a properly configured and updated web browser (current or previous version of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Firefox, Safari, or Opera), and an active, correctly configured email account.
2. Using the Store involves browsing its content.
3. Managing the Customer's orders is done through the Customer Account. Using the Customer Account is possible after its creation, using the appropriate login and password. Using the Customer Account requires logging in with the password.
4. Creating a Customer Account is done voluntarily by Registration, filling out, and sending the registration form to the Seller via the Store's website.
5. Filling out the registration form involves completing all mandatory and optional fields with true, complete, and Customer-related data, especially the Customer's Contact Information.
6. Before sending the registration form, the Customer should declare, by checking the appropriate box, that they:
- Consent to the processing of their personal data provided in the registration form for the purpose of providing Electronic Services by the Seller,
- Have read and accepted the Regulations.
7. Sending the registration form involves submitting it to the Seller via the Store using the appropriate functionality within the registration form area.
§3 Provision of Free Electronic Services
1. The Seller provides the following free Electronic Services to Customers:
- Access to the contact form,
- Access to the order form,
- Submitting product reviews,
- Managing the Customer Account,
- Newsletter,
- Recommending a Product,
- Adding a Product to favorites.
2. The agreement for providing the contact form service is concluded for a specified time when the Customer starts using the contact form and ends when they stop using it. The purpose of this Agreement is to provide the contact form available on the Store's website for sending messages to the Seller.
3. The agreement for providing the order form service is concluded for a specified time when the Customer starts using the order form and ends when they submit or abandon the order. The purpose of this Agreement is to provide the order form available on the Store's website for sending orders to the Seller.
4. The agreement for submitting product reviews is concluded for a specified time when the Customer starts using the product review form and ends when they submit or abandon the review. The purpose of this Agreement is to provide the product review form for submitting reviews. The Agreement prohibits the Customer from posting unlawful content, content violating good manners, harming the Seller's interests, or violating the Regulations and includes the Seller's right to moderate reviews that violate the Regulations.
5. The agreement for managing the Customer Account is concluded for an indefinite time when the Customer registers the Account. The purpose of this Agreement is to provide the order management panel for the Customer.
6. The agreement for the Newsletter service is concluded for an indefinite time when the Customer receives an email confirmation of the Newsletter service agreement from the Seller. The service is ordered by activating the Newsletter field in the registration form or another form provided by the Seller on the Store's website. The purpose of this Agreement is to provide the Seller's service of sending emails with information about Products or Electronic Services provided by the Seller to the Customer.
7. The agreement for recommending a Product is concluded for a specified time when the Customer starts using the recommendation form and ends when they stop using it. The purpose of this Agreement is to provide the recommendation form for sending Product information to a third party indicated by the Customer.
8. The agreement for adding a Product to favorites is concluded for a specified time when the Customer starts using the "add to favorites" option and ends when they stop using it. To conclude the Agreement, logging into the Customer Account is required. The purpose of this Agreement is to provide the option to add a Product to favorites, i.e., temporarily saving the Product in the Customer Account.
9. The agreement for providing free Electronic Services may be terminated by the Customer or the Seller without reason and at any time, using the functionalities provided in the Regulations or via an email sent to the Seller's email address provided in the Seller's Contact Information.
§4 Conditions of Sale Agreement
- The Customer can place orders in the Store 24/7, all year round.
- The Seller sells Products through the Store in accordance with these Regulations.
- The Customer, in order to place an order, is obliged to: a. Select the Product they are interested in and add it to the Cart. b. Go to the Cart and follow the on-screen instructions to complete the order, which includes providing personal data, choosing a delivery method, and selecting a payment method.
- The Customer confirms their order by clicking the "Order with obligation to pay" button, which is tantamount to submitting an offer to conclude a Sales Agreement with the Seller for the selected Products.
- Upon receiving the order, the Seller confirms its acceptance via email sent to the Customer's provided email address. This confirmation constitutes the Seller's declaration of acceptance of the offer, and upon its receipt by the Customer, the Sales Agreement is concluded.
- The Sales Agreement is concluded in Polish.
- The Seller has the right to verify the placed order by contacting the Customer using the provided contact information.
§5 Payment Methods
- The prices of the Products presented in the Store are given in Polish Zloty (PLN) and include VAT.
- The total price of the order, including the cost of delivery, is presented in the Cart before the Customer confirms the order with the "Order with obligation to pay" button.
- The Customer can choose the following payment methods: a. Bank transfer to the Seller's bank account. b. Electronic payment via the External Payment System.
- Payment should be made within 7 days from the date of the Sales Agreement conclusion.
- In the case of choosing an electronic payment, the Customer makes the payment immediately after placing the order.
§6 Delivery
- The Delivery of the ordered Products is carried out on the territory of Poland to the address provided by the Customer.
- The Delivery is carried out by the Carrier.
- The delivery time for Products is up to 14 Business Days from the date of concluding the Sales Agreement.
- The cost of delivery is indicated in the Cart before the Customer confirms the order.
- The Customer is obliged to check the condition of the delivered package in the presence of the Carrier. In the event of damage, the Customer should refuse to accept the package and immediately notify the Seller of this fact.
- The Seller is not responsible for delays in the delivery caused by the Carrier.
§7 Right of Withdrawal
- The Customer who is a Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of receiving the Product.
- To withdraw from the Sales Agreement, the Consumer must inform the Seller of their decision to withdraw by a clear statement sent via email to the Seller's email address or by mail to the Seller's postal address.
- The Customer can use the model withdrawal form provided by the Seller, but it is not mandatory.
- In the event of withdrawal from the Sales Agreement, the Consumer is obliged to return the Product to the Seller immediately, but no later than 14 days from the date on which they informed the Seller about the withdrawal. The Consumer bears the direct cost of returning the Product.
- The Seller will refund all payments received from the Consumer, including the cost of delivery (except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from the Sales Agreement. The Seller will carry out the refund using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such refund.
- The Seller may withhold the refund until receipt of the Product or until the Consumer has supplied evidence of having sent back the Product, whichever is the earliest.
- The Consumer is only liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
§8 Complaints and Warranty
- The Seller is obliged to provide the Customer with a Product free from defects.
- The Seller is liable for defects of the Product on the terms specified in the applicable laws, in particular in the Civil Code.
- Complaints arising from the violation of the Customer's rights guaranteed by law, or under these Regulations, should be addressed to the Seller's postal address or via email to the Seller's email address.
- In the complaint, the Customer should provide their name, address, email address, the date of concluding the Sales Agreement, the subject of the complaint, and the Customer's request regarding the defect of the Product.
- The Seller will consider the complaint within 14 days from the date of its receipt. If the Seller does not respond to the Consumer's complaint within the aforementioned period, it means that the Seller considered the complaint justified.
- The Customer can use extrajudicial methods of dealing with complaints and redress. Among others, the Customer has the right to: a. Requesting a permanent consumer arbitration court operating at the Trade Inspection to resolve the dispute arising from the Sales Agreement. b. Requesting the provincial inspector of the Trade Inspection to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller. c. Using the assistance of a municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.
§9 Privacy Policy
- The personal data provided by the Customer is collected and processed by the Seller in accordance with applicable law and the Privacy Policy available on the Store's website.
- The Seller is the administrator of the Customer's personal data.
- The provision of personal data by the Customer is voluntary, but necessary for the conclusion and performance of the Sales Agreement.
- The Customer has the right to access their personal data and correct, delete, or restrict its processing, as well as the right to data portability.
- Detailed information about the processing of personal data and the Customer's rights is contained in the Privacy Policy available on the Store's website.
§10 Final Provisions
- These Regulations come into force on the date of their publication on the Store's website.
- The Seller reserves the right to make changes to the Regulations. Any changes to the Regulations will be communicated to Customers by email and by placing an appropriate message on the Store's website.
- Changes to the Regulations come into force 14 days after their publication on the Store's website. Sales Agreements concluded before the entry into force of the changes are subject to the Regulations in the version applicable at the time of placing the order by the Customer.
- In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Act on Consumer Rights.
- Any disputes arising between the Seller and the Customer who is not a Consumer shall be resolved by the court having jurisdiction over the Seller's registered office.
- The Customer who is a Consumer has the right to use extrajudicial methods of dealing with complaints and redress.