Terms of Use

Terms of Use for the “martombike.com” online store

Section I

General Provisions

1. Defining the Seller

The Terms of Use for the “martombike.pl/sklep” online store specifies the types, scope and conditions of providing services and selling Goods electronically through the online store run under the web domain of www.martombike.com belonging to Marek Łagódka Martombike, Mścibora 33a, 61-062 Poznań, NIP number: 7821667329, REGON identification number: 634572027. Contact with the Seller is possible Monday to Friday from 8:00 AM to 4:00 PM, using: e-mail at: sklep@martombike.com over the phone under number: +48 61 653 79 12.

2. Definitions

The definitions used in these Terms of Use have the following meaning:

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.

Terms of Use – these Terms of Use.

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.

Service– services provided through the Seller electronically based on the Terms of Use.

3. Initial provisions

The Seller provides Services electronically as per the electronically-provided services act of 18th July 2002 (The 2002 Official Journal No. 144, item 1204 as amended). The access to the Store takes place under the rules specified in the Terms of Use and is free for all Buyers with Internet access. Before starting to use the Store, the Buyer is obligated to read the Terms of Use. The Seller makes the Terms of Use available free of charge, in a form that allows to download it, save it and print it out. By registering an account at the Store, the Buyer acknowledges having read the Terms of Use as well as accepting all of its provisions. The Buyer is obligated to follow the provisions of the Terms of Use.

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.

Section II

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,
  • to read the Terms of Use and accept them,
  • all data is provided voluntarily by filling out the registration form.

7. Termination of the contract

The Contract for providing Services is entered into for an indefinite period. The Buyer is entitled to terminate the contract at any time. Termination of the contract means deleting the account at the Store. The Seller is entitled to terminate the contract for providing Services and to block access to the account or delete the account of the Buyer with a two week period of notice, in the event that the Buyer is using the Services in a way that violates the law or the provisions of the Terms of Use. A termination is done by submitting a declaration of termination sent or by mail at the recipient’s address. In the event of any of the parties terminating the contract, the Seller is obligated to delete the Buyer’s account immediately, but no later than within five working days from the day of the termination being delivered. The Seller may refuse to enter into a contract for providing services and delete the Buyer’s account if it was re-registered after the Seller terminating the contract and deleting the account at the Store due to the Buyer violating the law or the provisions of the Terms of Use.

Section III

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.

Section IV

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.

Section V

Seller’s liability toward Consumers:

13. Withdrawal from the contract

Download the form for withdrawing from the contractand returning the good

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.

Section VI

Privacy policy

Thank you for showing interest in our online store. Protecting your privacy is very important to us. In this privacy policy you will find detailed information on handling your data. Your data controller is: Marek Łagódka, Mścibora 33a, 61-062 Poznań.

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

For the purposes of outsourcing data processing – we commission a third-party service provider to perform services for us related to hosting and presenting websites. All the data that – in a way described in this privacy policy – has been collected in relation to using our website or from the dedicated forms at the online store is stored on said service provider’s servers. Data processing on other servers only takes place to the extent specified in this privacy policy. The aforementioned service provider is based in a member state of European Union or European Economic Area.

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

For the purposes of executing a contract we disclose your data to a courier company in charge of delivery, provided that it is necessary to deliver the ordered goods. Depending on which payment service provider you choose during the ordering process, as a part of the payment procedure we disclose the payment data collected for that purpose to the credit institution handling the payment and possibly to the payment service provider selected by us or by you. Certain payment service providers collect data individually if you open an account with them. In such cases, placing an order requires logging into the payment service provider by providing your access data. The privacy policy of such payment service provider applies then as well.

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.
MINERALNA 15
02-274 WARSZAWA

General Logistics Systems
Poland Sp. z o.o.
ul. Tęczowa 10, Głuchowo
62-052 Komorniki

4. E-Mail-Newsletter

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.

Final provisions.

16. Copyrights

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

For any matters not governed by the terms of use, the provisions of the Polish Civil code and other provisions in force shall apply. The Seller reserves the right to change the provisions of the Terms of Use. The Customers will be notified about any changes to the Terms of Use with a publication of information on the changes at the Store’s website. All changes to the Terms of Use become effective within one week from being published in a way described in the previous sentence. The orders placed by the Buyer before changes to the Terms of Use becoming effective will be carried out in accordance with the previous provisions of the Terms of Use. The provisions of the Terms of Use that apply to sales contract entered into between the Seller and Buyers are the ones in the version effective on the day of entering into the contract. The Terms of Use become effective on 25th May 2018.

The right to object

If we process personal data in a way described in this privacy policy – within the scope of analyzing and assessing the interests – for the purposes of protecting our legitimate interests, you may express your objection against such processing of data for that purpose – with future effect. If processing takes place for the purposes of direct marketing, you may exercise your right to object at any time. If processing takes place for other purposes, you only have the right to lodge an objection due to reasons related to your specific situation. After you exercise your law to object, we will no longer continue processing your personal data, unless we can prove that there are important, legitimate reasons to process it and they prevail over your interests and rights, or if data processing is for the purposes of investigating, executing or defending claims. The above doesn’t apply when data processing takes place for the purposes of direct marketing. In such case, we will not continue processing your personal data for the above purpose.