1. Defining the Seller
Consumer – a Buyer who is a natural person performing a legal action not directly related to their business or professional activity.
Buyer – a Consumer or Entrepreneur registering an account at the Store for the purpose of entering into a sales contract with the Seller. When it comes to natural persons, only a person with full legal capacity can be a Consumer.
Entrepreneur – a Buyer who is a legal person, a natural person or an organizational unit without legal personality running a business or professional activity.
Store– run under the web domain of www.martombike.com, through which the Seller sells Goods.
Seller– Martombike Marek Łagódka
Retail Sale– selling up to 10 units of a Good and selling to Consumers.
Wholesale– selling a Good to Buyers registered as wholesalers.
Goods– Goods offered by the Seller for sale through the Store and Goods that were custom-made for the Buyer.
Contract– a sales contract for selling Goods entered into the Buyer and the Seller through the Store.
3. Initial provisions
4. Technical conditions of using the Store
In order to properly use the Store, it is necessary to:
- have a device with Internet access,
- have a web browser and software that make it possible to use websites,
- have an active and properly configured e-mail account.
The scope and conditions of providing services:
5. Types of services provided electronically
The Seller provides services electronically that consist of:
- on-line access to the Store, making it possible for the Buyers to place orders and enter into sales contracts with the Seller through the Store,
- electronically sending the ordered bulletins and information on the Store’s offer,
- enabling the Buyer to download Good sheets, catalogs, technical data sheets and other contents made available by the Seller from the Store’s website.
6. Entering into a contract for providing services
The Seller provides Services free of charge. The provision of Services takes place after the Buyer registers an account at the Store. In order to register an account, it is required:
- for the Buyer to provide data, as in user name, e-mail address, password,
- all data is provided voluntarily by filling out the registration form.
7. Termination of the contract
Terms and conditions of entering into sales contracts:
8. Entering into a sales contract
The Seller offers Goods for sale that are currently available in their commercial offer and those custom-made for the Buyer through the Store. The Seller’s commercial offer includes a description of relevant features of a Good and their price provided in the gross and net amount. For consumers, the gross price is binding. Putting up a Good at the Store constitutes an invitation for the Buyer to place an offer (order) within the meaning of the civil code. Orders can be placed at the Store twenty-four hours a day, seven days a week, all days of the year. Placing an order in particular requires the Buyer to specify a Good, the quantity, the payment and delivery methods and the data required to carry out the order, as in the Buyer’s first and last name, address, contact phone number. In case of Buyers who are entrepreneurs, the NIP number and the company name are also required. Entering into a sales contract takes place the moment the Seller takes the order placed by the Buyer, or when the Seller starts carrying it out. The Seller immediately notifies the Buyer about taking the order by sending them a message for that purpose through the B2B sales system or by e-mail. In the event of the Buyer providing incorrect or erroneous data in the order, the Seller will make an attempt to contact the Buyers for the purpose of correcting it. In the event of inability to contact the z Buyers or inability to correct the errors, the Seller is authorized to cancel the order. The Seller is obligated to notify the Buyer about that, where possible.
9. Payment methods
The price of Goods is determined based on the prices specified when the Buyer places an order. The sales price includes VAT. The final price specified by the order includes the price of the ordered Good plus the delivery cost. The delivery cost varies depending on the delivery method selected by the buyer. The Buyer can choose one of the payment methods specified by the Seller. In case of a “prepayment” sale, the Buyer will make a payment for the purchased Good immediately after placing the order by wire transfer to the bank account specified by the Seller. In the event of failure to pay the price within 5 days from the day of placing the order, the Seller will cancel the order placed and notify the Buyer about it. The Buyer may use the “on delivery” payment option in the event that the place of the Buyer’s residence and of delivery is located on the territory of:
Poland and does not exceed:
- 1,000 PLN for retail sale,
- 2,500 PLN for wholesale.
Germany and does not exceed:
- 200 EUR for retail sale,
- 500 EUR for wholesale.
When choosing the “on delivery” payment option, the Buyer is obligated to make a payment for the ordered Good upon receiving it. The payment is made to the delivering person.
10. Delivery The Buyer, when placing an order, chooses the delivery method for the Good out of the methods specified by the Seller (courier shipping, courier shipping paid on delivery, personal collection). The cost of delivery depends on the delivery method, parcel’s weight and the payment method for the Good’s price. Said cost is disclosed to the Buyer when placing the order. The cost of delivering the Good is paid by the Buyer.
The order completion deadline is:
- 14 days for Goods that were custom-made for the Buyer and for Goods sold in bulk,
- 5 working days for Goods sold in retail.
The order completion deadline starts on the first working day following the day of placing the order. The Buyer is obligated to check the contents of the parcel in front of the courier or postal worker in order to see if the contents match the order and if there wasn’t any damage during transport. In the event of the delivery being damaged the Buyer is obligated to report it to the entity performing the delivery and contact the Seller immediately. In case of international sales performed for Entrepreneurs, the place of executing the contract is the place of delivery of the ordered Goods to the site of the first carrier performing the delivery, or the place where the ordered Goods were left at the disposal of the first carrier for the purposes of delivery. The Seller delivers VAT invoices electronically to the Buyers who have agreed to this type of delivery. In all the other cases the Seller delivers VAT invoices to the Buyer together with the ordered Good.
Seller’s liability toward Entrepreneurs
11. Guarantee of quality
All Goods offered through the Store are new, free from physical and legal defects. The Seller na gives a 12 months guarantee of quality for all the offered Goods. Giving a guarantee excludes application of provisions on warranties for defects in the Goods for sale. For the guarantee to be maintained, it is required to file a complaint in writing within 14 days from the day of a defect being detected in the purchased Good and to deliver the defective Good together with the proof of purchase to the Seller’s headquarters. The complaint should include the Entrepreneur’s name, contact information and a description of the detected defect. An Entrepreneur loses the privileges arising from the guarantee in the event of not complying with these conditions. Filed complaints are examined within 14 days from the day of being filed. In the event of confirming the detected defects, the Seller is obligated to replace a defective Good with a Good free from defects under the guarantee. A replacement of a Good takes place within the complaint examination deadline. The costs of packaging and shipping of the Goods that are subject to complaint are covered by the Entrepreneur.
12. Liability for custom-made Goods
The Seller shall not be held liable for:
- defects of non-fabricated Goods, custom-made for the Entrepreneur, if such defects arose from creating the Goods based on materials provided by the Entrepreneur, according to their suggestions and guidelines,
- violation of copyrights or other rights of third parties, if such occurred
- use of trademarks, logos and graphics provided by the Entrepreneur in relation to carrying out a custom order for them.
By providing the Seller with trademarks, logos and graphics for the purposes of carrying out a custom order, the Entrepreneur declares and guarantees being the owner of the entirety of the property, dependent and personal copyrights to the materials provided or having a written permission from the owner for the Seller to use them for the purposes of the order. The Entrepreneur takes full liability and is obligated to release the Seller from liability in the event that any third party makes claims arising from violation of their copyrights to the materials provided by the Entrepreneur. In the event that release of the Seller from liability for the violation committed turns out to be impossible or ineffective for any reason, the Entrepreneur is obligated to cover all the costs and losses incurred by the Seller in relations to the claims filed. Especially in the event of failure to fulfill their obligations toward the Seller, the Entrepreneur is obligated to pay compensation to the Seller for not executing the contract properly.
Seller’s liability toward Consumers:
13. Withdrawal from the contract
Consumers have the right to withdraw from a sales contract entered into through the Store under conditions specified in the protection of selected consumer rights and liability for damages caused by hazardous products act of 2nd March 2000 (The Official Journal no. 22, item 271 as amended). The right to withdraw from a contract does not apply to Entrepreneurs in relation to their business and professional activity. The right to withdraw is valid within 10 days from the day of receiving the Good in accordance with art. 7 par. 1 of the aforementioned Act. The deadline is considered to be met as long as the declaration of withdrawal from the contract is sent before the end of it. The Seller provides the content of the declaration of withdrawal from a contract free of charge. The declaration of withdrawal from a sales contract should be in writing and should be sent at the Seller’s address. The Buyer is obligated to send the Good they are withdrawing from the contract for at the Seller’s address mentioned above, no later than within 14 days from the day of sending the declaration of withdrawal from the contract. The parcel needs to have “Return” written on it. The direct costs of delivering the declaration of withdrawal from the contract and returning the Good to the Seller are incurred by the Buyer. The Entrepreneur is obligated to immediately, no later than within 14 days from the day of receiving a consumer’s declaration of withdrawal from the contract, refund the consumer for all the payments made by them, including the costs of delivering the items. In the event of withdrawal from a contract the Seller will immediately, no later than within 14 days from the day of receiving the Consumer’s declaration of withdrawal from the contract, refund them for all the payments made by them, including the costs of delivering items. The right to withdraw from a contract does not apply to consumers in relation to non-fabricated Goods, manufactured according to the consumer’s specifications or meant to satisfy their personalized needs.
14. Incompatibility of a good with the contract
The Seller shall be held liable toward Consumers for incompatibilities of a Good with the contract in accordance with the specific consumer sales conditions and changes to the Civil Code act of 27th July 2002 (The 2002 Official Journal, no. 141, item 1176 as amended). The Seller shall not be held liable for incompatibility of a consumer good with the contract in the event that the Consumer knew about such incompatibility when entering into the contract or, by any reasonable assessment, should know about it. The Seller shall not be held liable for defects in non-fabricated Goods, custom-made for the Consumer, if such defects were caused by creating the Goods based on materials provided by the Consumer, according to their suggestions and guidelines. The Consumer, by providing the Seller with trademarks, logos and graphic for the purposes of carrying out a custom order declares being the owner of the entirety of the property, dependent and personal copyrights to the materials provided or having a written permission from the owner for the Seller to use them for the purposes of the order. The Seller shall be liable for incompatibility of a good with the contract in the event of it being determined within two years from the Consumer receiving such Good. Said deadline gets reset in the event of the Good being replaced or repaired. In the event of incompatibility of a Good with the contract, the Consumer should notify the Seller about the detected incompatibility within 2 months from the day of detecting it. The deadline is considered to be met as long as the notice is sent before the end of it. The Consumer is obligated to make a written description of the detected incompatibility of a Good with the contract and specify whether they want it repaired or replace with a new one. The Consumer should sent the Good that is incompatible with the contract at the Seller’s address. The Good should be packaged in a way that protects it from damages and should have all the additional elements provided with the Good included with it. The Seller shall notify the Consumer about accepting or declining the request within 14 days from the day of receiving the Good. If the Good comes with a manufacturer’s guarantee, the Consumer may direct their claims in accordance with the content of the guarantee.
Exchange of goods
The replacement of goods is subject to items not sent in accordance with the order placed by the buyer and damaged or not complete in the case of purchase (legs, sleeves, socks). Clothing of improper size chosen by the buyer is subject to replacement. The Consumer is obliged to prepare in writing a description of the alleged inconsistency of the Goods with the contract, giving the order number and indicate whether he requests its repair or replacement with a new, different size. Goods inconsistent Consumer should send to the address of the Seller. The Goods should be packed in a manner preventing their damage, and should be accompanied by all additional elements supplied with the Goods. The Goods may not bear traces of use. The Seller shall inform the Consumer about the acceptance or refusal to accept the demand within 14 days from the date of receipt of the Goods. Goods in sizes XXXL and above are not subject to replacement, because it is produced only on the customer’s order. Sale clothing is not subject to returns.
1. Access data and hosting
Our websites can be visited without providing your personal data. Any time a page is loaded, the only automated actions of the server are saving the so-called server logs automatically, such as the name of a desired file, your IP address, date and time of loading, the amount of transferred data and the Internet service provider making the query (access data) as well as documenting the loading of the page.
Hosting services provided by a third-party service provider
2. Collecting and processing data for the purposes of executing a contract and creating a user account
We only collect personal data when you willingly disclose it to us by placing your order, contacting us (and. e. using the contact form or e-mail) or registering a user account. The mandatory fields are labeled as such, as the data included in them is necessary for us to execute a contract or look into a case you contacted us about, or to register a customer account. Failure to provide them makes it impossible finalize an order or register a customer account or contact us. What type of data is collected depends on the forms the data is typed into. We use the data provided by you for the purposes of executing a contract and answering your questions. After executing a contract or deleting your customer account the processing of your data will be limited, and after the end of the data storage periods specified by the tax law and the accountancy act said data will be deleted, unless you give an explicit permission to further use of that data or we reserve the right to continue using that data in accordance with the applicable law, which we shall notify you about in this declaration in such situation. Your customer account can be deleted at any moment. For that purpose you have to send a message at our contact address specified in the paragraph “Our contact information and your rights” or use the adequate feature in your customer account.
3. Disclosing data
Disclosing data to the courier company.
If you give an explicit permission to that when placing an order or after it, we will disclose your phone number to a selected courier company under that permission so that they can contact you before delivering the order for the purposes of notification or discussing the delivery.
The above permission may be withdrawn at any moment by sending us an adequate message at our contact address specified in the paragraph “Our contact information and your rights” or by sending a message directly to the courier company at the contact address specified below. Upon withdrawing the permission we will delete the data you provided for that purpose unless you give an explicitly permission to continue using your data for other purposes or unless we reserve the right to continue using the data in cases permitted by law, about which we will notify you in such case in this declaration.
DPD Polska Sp. z o.o.
General Logistics Systems
Poland Sp. z o.o.
ul. Tęczowa 10, Głuchowo
Advertisement sent by e-mail upon signing up for the newsletter.
If you sign up for our newsletter, we are going to use data necessary for that purpose or provided to us by you separately for the purposes of regularly sending you our newsletter electronically based on the permission given by you. You may withdraw from receiving the newsletter at any time by sending us a message with an adequate information or by using the dedicated link included in the newsletter. Upon unregistering we will delete your e-mail address, unless you give an explicit permission to continue using your data for other purposes or unless we reserve the right to continue using the data in cases permitted by law, about which we will notify you in such case in this declaration. The newsletter is sent under the outsourcing of data processing to a service provider commissioned by us, to whom we disclose your e-mail address for that purpose. Said service provider is based in a member state of European Union or European Economic Area.
5. Cookies and web analytics.
In order to make our website more attractive and make it possible to use certain features for the purposes of displaying adequate products or market research, we use so-called cookie files on our pages. The purpose of the above – within the scope of analyzing and assessing the interests – is to protect our legitimate interest, which consists of optimally presenting our offer. Cookies are small text files that are automatically saved on your end device. Some of the cookies we use are deleted after the end of the web browser’s session, which is after it closes (so-called session cookies). Other cookies are stored on your end device and allow us to recognize your browser when you visit the website again (permanent cookies). The storing time is specified in cookies settings of your web browser. The browser can be configured that way in order to receive information on using cookies and be able to decide whether to accept or reject them in specified cases or altogether. Browsers manage cookies settings in different ways. In the web browser’s help menu you will find explanation on changing the cookies settings. They are available at the following addresses:
- Internet Explorer™: https://support.microsoft.com/pl-pl/help/17442/windows-internet-explorer-delete-manage-cookies
- Safari™: http://safari.helpmax.net/pl/ochrona-i-prywatnosc/usuwanie-plikow-cookie/
- Chrome™: https://support.google.com/chrome/answer/95647?hl=pl&hlrm=en
- Firefox™: https://support.mozilla.org/pl/kb/usuwanie-ciasteczek
- Opera™: http://help.opera.com/Windows/12.10/pl/cookies.html
In you don’t give a permission to use cookie files, the functionality of our website might be limited.
All the contents made available on the Store’s website, as in pictures, logos, descriptions of Goods are subject to the copyrights of the Seller or entities cooperating with them and are protected in accordance with the provisions of the copyright and related laws act of 4th February 1994 (The 2006 Official Journal No. 90, item 631).
Copying, reproducing, processing and distributing the entirety or parts of the contents specified above without the Seller’s written permission is forbidden and constitutes a copyright violation.
17. National jurisdiction and applicable law
In the relations between the Seller and Entrepreneurs the applicable law for all claims and disputes related to the Store’s activity, sales contracts entered into by the Seller and carrying out orders is the Polish law. All disputes that might arise from the Store’s activity, sales contracts entered into by the Seller and carrying out orders are subject to national jurisdiction of the common courts in Poland. The competent court for resolving disputes is the common court competent at the Seller’s location.
In the relations between the Seller and Consumers, the competent court is determined based on the applicable laws.
18. Final provisions
The right to object