Regulations of the online store "martombike.com"

1. General provisions

1. Regulations of the Martombike online store define the types, scope and conditions of providing services and selling goods electronically through an online store operated under the Internet domain www.martombike.com.
2. The owner of the online store www.martombike.com is Marek Łagódka Martombike, Mścibora 33a, 61-062 Poznań, NIP: 7821667329, REGON ID: 634572027.
3. Contact with the Seller is possible from Monday to Friday from 8:00 a.m. to 4:00 p.m., via: e-mail at: sklep@martombike.com phone number: +48 61 653 7912.
4. These Regulations are addressed to both Consumers, Entrepreneurs
   with the rights of Consumers and Entrepreneurs using the online store, unless the provisions of the Regulations are addressed only to Consumers and Entrepreneurs with the rights of Consumers or Entrepreneurs. 
5. As a condition of using the online store, you must read the terms and conditions, privacy policy and accept them.
6. The Seller provides services by electronic means within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended). Access to the Store is provided on the terms and conditions specified in the Regulations and is free to all Buyers with an Internet connection. Before using the Store, the Buyer is obliged to read the Regulations. The Seller makes the Regulations available free of charge, in a form that allows its downloading, recording and printing. By purchasing from the Store, the Buyer confirms that he/she has read the Regulations and that he/she accepts all of their provisions. The Buyer is obliged to comply with the provisions of the Regulations.

1. Definitions

Terms used in these Regulations mean:

1. Consumer - a natural person making a legal transaction not directly related to his business or professional activity.
2. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activities in its own name.
3. Entrepreneur with the rights of a Consumer - an individual who enters into a contract directly related to his business activity, when the content of the contract shows that it does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
4. Buyer - a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who sets up an account in the Store to conclude a sales contract with the Seller.
5. Regulations - means these Regulations.
6. Online store - operated at the Internet domain www.martombike.com , through which the Seller sells goods.
7. Seller - Martombike Marek Łagódka
8. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal personality, who places an order on the store's website. In the case of natural persons, the Customer may only be a person with full legal capacity.
9. Retail sales - sales of goods up to 20 items and sales made to Consumers or Entrepreneurs with the rights of a Consumer.
10. Sales contract - a contract of sale concluded at a distance under the terms and conditions specified in the Terms and Conditions, between the Customer and the Seller. 
11. Goods - products offered by the Seller through the Store, as well as products manufactured on the Buyer's individual order.
12. Service - services provided by the Seller electronically under the Terms of Service.

1. Ordering procedure

1. Information about products on the website does not constitute an offer, but only an invitation to conclude a contract within the meaning of the Civil Code. 
2. Orders can be placed via the website 24/7. 
3. The store contains only approximate inventory data, which is updated once a day. In case of shortage of goods purchased by the Customer. The Seller will immediately inform the Customer of this fact and return the money received from the Customer. 
4. Orders can be placed by customers who:

1. have an account on the website;
2. do not have an account on the website;

1. A customer without an account makes an order bypassing the registration procedure.
2. The customer places an order using the order form in the online store, performing subsequent technical actions based on the displayed messages and information available on the website. 
3. In order to place an order, it is necessary to accept the terms and conditions of the online store and privacy policy marked as mandatory, and press the "order with payment" button.
4. Before ordering, the customer will be informed of the total cost of the products, including applicable tax and delivery costs. 
5. Once an order is placed, the Seller immediately confirms its receipt and accepts the order for processing.
6. The order will be processed after the customer pays the full amount to the seller's bank account. 

1. Customer account registration 

1. A customer who wishes to create a customer account is obliged to register free of charge. 
2. Registration is carried out through the order form, where the customer provides personal information necessary to create an account. 
3. When filling out the order form, the customer reads the terms and conditions, accepting their contents by marking the appropriate box in the form.
4. After submitting the order form, the customer will immediately receive by e-mail confirmation of account registration by the Seller. 
5. The customer can access the customer account and make changes to the data provided during registration. 
6.  The customer is given access to a dedicated panel within the store's website where he can modify the entered data.
7. The customer may terminate the account agreement at any time by sending a notice to the Seller. The termination is effective upon receipt by the Seller. The Vendor may terminate the contract for maintaining the Account with 7 days' notice if the Customer violates the provisions or generally applicable laws. 
8. The data provided in the registration process will be used to process orders placed. 

1. Payment

1. Prices displayed on the website www.martombike.com are gross prices, expressed in Polish zloty.
2. Payments can be made via DOTPAY, PAYPAL or payment card platforms ( Visa, Visa Electron, Mastercard, Maestro)
3. The execution of the order will begin after the Seller sends the Buyer a confirmation of acceptance of the order and the receipt of funds in the Seller's bank account. 
4. The buyer is obliged to pay for the order placed no later than 7 working days after the conclusion of the sales contract. 
5. If payment is not made within the specified period, the Seller has the right to cancel the order. 
6. A sales document will be issued for each good sold. 
7. Prices of goods are subject to change as part of promotional or sales campaigns offered, provided that the terms and conditions of the order may not be changed with respect to the Buyer who placed the order prior to the introduction of changes in the price of the product. 
8. Promotions in the Online Store are not combinable, unless the Terms and Conditions
   of a given promotion state otherwise.

1. Delivery

1. Orders are carried out in the territory of the Republic of Poland, subject to contrary arrangements between the parties. 
2. The price of the goods includes the price of delivery in Poland.
3. Shipping is carried out with the help of courier company DPD.
4. The deadline for transfer of goods to the supplier is 7 working days counting from the date of crediting funds to the Seller's bank account.
5. The seller stipulates that the lead time may be extended, of which the customer will be informed in an email. 
6. On the day of shipment of the order, the Seller sends information to the e-mail address confirming the shipment by the Seller.
7. The customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If the shipment is found to be damaged, the customer has the right to request an employee of the supplier to prepare a report on the delivery of the damaged shipment. 

1. Complaints

1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).
2. The Seller shall be liable to the Customer if the sold thing has a physical or legal defect. 
3. The seller is obliged to provide the customer with a new and defect-free product. 
4. The seller is not responsible for mechanical damage or resulting from misuse of the product or natural wear and tear. 
5. Individual settings of the customer's computer and monitor that cause incorrect or distorted display of information about goods (such as colors), can not be the basis for a complaint.
6. If the product has a defect, the customer can demand: 

• reduce the price or withdraw from the contract, unless the seller immediately and without undue inconvenience to the customer replaces the defective product with one free of defects or removes the defects. 

This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the product with a defect-free one or to remove the defects. The Customer may, instead of the removal of defects proposed by the Seller, demand the replacement of the product with a defect-free one or, instead of replacing the product, demand the removal of the defect, unless bringing the product into conformity with the agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free product, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.

1. replace the defective item with a defect-free item or remove the defect. The Seller shall replace the defective product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer.

 The Seller may refuse to satisfy the Customer's request if bringing the defective product into conformity with the sales contract in the manner chosen by the Customer is impossible or, compared with the other possible way of bringing it into conformity with the sales contract, would require excessive costs. The cost of repair or replacement shall be borne by the Seller

1. In order to process the complaint, the Consumer or Entrepreneur with the rights of the Consumer sends to the Seller at the Seller's address the product with the enclosed proof of purchase and the complaint form. 
2. Warranty claims are available to the customer if a physical defect in the product is discovered before the expiration of two years from the date of release of the product.
3. The warranty is available only to Consumers and Entrepreneurs with the rights of a Consumer.
4. Defect warranty rights are excluded in a contract concluded between the Seller and the Entrepreneur who does not have the rights of the Consumer, are excluded.
5. The Seller shall immediately, no later than within 14 days from the date of complaint, respond to the request of the Consumer or Entrepreneur with the rights of the Consumer.

1. Withdrawal from the contract 

1. A customer who is a Consumer or an Entrepreneur with the rights of a Consumer has the right to withdraw from the sales contract. 
2. Returned goods should be in an undamaged condition, including complete, in factory packaging, must not bear traces of use. 
3. The customer has the right to withdraw from the contract of sale without giving any reason within 14 days by submitting a statement by e-mail or to the address of the Seller. 
4. The statement can be made on the withdrawal form exchange form, or return form
5. To meet the deadline it is sufficient to send the statement before its expiration. 
6. The period for withdrawal from the contract begins:

1. for a contract in the performance of which the trader delivers the thing, being obliged to transfer its ownership - from the taking of possession of the thing by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that:  

- includes multiple items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part, 

- consists in the regular delivery of things for a fixed period of time - from taking possession of the first item; 

2. for other contracts - from the date of conclusion of the contract

1. The Entrepreneur must immediately send to the Consumer or Entrepreneur
   with the rights of the Consumer an acknowledgement of receipt of the withdrawal statement. If the Consumer or Entrepreneur with the rights of the Consumer uses an email address, the confirmation will be sent to the email address.
2. In the case of withdrawal from a distance or off-premises contract, the contract is considered not concluded.
3. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer on withdrawal from the contract, return all payments made by him, including the cost of delivery of the goods.
4. If the Consumer or Entrepreneur with the rights of the Consumer has chosen a method of delivery other than the cheapest ordinary means of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer.
5. The cost of return shipping is paid by the Consumer or Entrepreneur with the rights of the Consumer. The Customer is obliged to properly secure the goods for the return shipment.
6. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the item to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline it is sufficient to return the item before its expiration. 
7. A customer who is a Consumer or an Entrepreneur with the rights of a Consumer shall be liable for any diminution in the value of the thing resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
8. The right of withdrawal does not apply to the consumer in the cases listed in Article 38 points 1 - 13 of the Law on Consumer Rights, i.e. in particular in the case of a contract:

1. for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
2.  in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
3.  in which the object of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs;
4.  in which the object of performance is an item that is perishable or has a short shelf life;
5. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
6.  in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
7.  in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
8.  in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with respect to the additional services or things;
9. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10. delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
11. concluded through a public auction;
12. for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13.  for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.
14. The provisions relating to the Consumer in Section 14 shall apply to an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

1. Newsletter

1. The User may order a newsletter (subscription) service, agreeing to receive commercial information within the meaning of Article 10(2) of the Act of July 18, 2002 on the provision of electronic services on telecommunications terminal equipment, i.e. so that the Seller may periodically send to the e-mail address provided by the Customer content having the nature of commercial and marketing information, as well as information on new offers and promotions available from the Publisher and its business partners according to the criteria selected by the Customer.
2. Newsletter subscription service is a free service and available to any registered User.
3. The newsletter service , via e-mail, sends information in the form of an e-mail letter, containing marketing information.
4. The user may revoke consent to receive newsletters after logging into their account or by sending an email with such a request to the Seller.
5. Use of services provided via e-mail is subject to having an active and properly configured e-mail account.

1. Final provisions

1. The sales contract is concluded in the Polish language, with the content in accordance with
   Regulations.
2. The seller reserves the right to make changes to the regulations, in particular changes in the law. Orders accepted for execution before the entry into force of changes in the regulations are carried out under the previous rules.
3. The customer will be informed of the change in the regulations by posting information on the website of the Online Store. Customers with a customer account will also receive information via e-mail. 
4. If you do not accept the content of the new Terms and Conditions, the Customer has
   the right to terminate the account agreement at any time by
   deleting the account or by submitting to the Seller an appropriate statement, in any form, of termination of the account agreement.
5. If you have any questions, please email: bok@martombike.com
6. The competent court in disputes between the Seller and the Customer is the court with jurisdiction over the registered office of the Seller. 
7. The seller informs the customer who is a consumer or an entrepreneur
   with consumer rights about the possibility of using out-of-court procedures to pursue claims, in particular, to use the assistance of a consumer ombudsman or the Provincial Inspectorate of Trade Inspection, to apply to a permanent amicable consumer court. Detailed information on how to access the procedures is available on the websites of entities authorized to settle disputes out of court https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. 
8. In matters not regulated by these Regulations, the provisions of the Civil Code, the Act of November 17, 1964 Code of Civil Procedure and the Act of 30.05.2014 shall apply. - on consumer rights.
9. The regulations enter into force on the date of publication on the store's website 
10. Regulations are an integral part of the sales contract concluded with the customer.
11. The seller reserves the right to remove goods from the offer, without prior notice.
12. Any content made available on the Shop website, i.e. photos, logos, descriptions of goods are the subject of copyright belonging to the Seller or its cooperating entities and are protected under the provisions of the Act of February 4, 1994 on Copyright and Related Rights.
13. Copying, reproduction, processing and distribution in whole or in part of the content referenced above without the written consent of the Seller is prohibited and constitutes a violation of copyright.
14. Ignorance of the regulations does not exempt the Buyer from the provisions contained therein.