TERMS AND CONDITIONS
The customer placing an order via the online store E-bike stuff Marek Kardasz on the website www.ebikestuff.eu is obliged to read the provisions of these regulations, the content of which is available at www.ebikestuff.eu
I. General information:
1. The owner of the store is:
E-bike stuff Marek Kardasz, address: Sosnowa 16, 16-010 Nowodworce, NIP: 5422418233, REGON: 386250835.
2. Address for correspondence, returns, guarantees:
E-bike stuff Marek Kardasz, address: gen. Władysława Andersa 40 D, 15-113 Białystok.
mail: info@ebikestuff.eu
II. Registration and protection of personal data:
1. When registering on the website www.ebikestuff.eu, the customer will be asked to provide their data by filling in the appropriate form.
2. Each customer has the right to access their data, the store allows them to be changed, modified or deleted.
3. By registering, the customer agrees to the processing of the data provided in the form only for the purposes of the orders placed via the online store www.ebikestuff.eu, in accordance with the provisions of the Act of 10/05/2018 on the protection of personal data (Journal of 2019, item 1781, i.e. as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR Regulation").
III. Ordering rules
1. Orders can only be placed electronically, 24 hours a day, on each day of the week. Orders are processed and complaints are processed from Monday to Friday from 7:00 a.m. to 3:00 p.m.
2. The minimum order value is PLN 44.99 (excluding delivery costs).
3. Correspondence between the customer and the store takes place via e-mail from the following address: info@ebikestuff.eu
4. The customer is obliged to provide in the order form the e-mail address to which the order confirmation will be sent.
5. In the event of difficulties with delivering the correspondence to the e-mail address provided by the customer, the seller's correspondence sent to the return e-mail is considered delivered to the customer, provided that the customer confirms its receipt. No response within 14 days from the date of placing the order is considered canceled.
6. If it is not possible to check or correct orders that are questionable or contain incomplete data, they will not be processed. The customer will be informed electronically about the refusal to execute the order, in accordance with the rules set out in the above paragraph. The declaration of refusal to accept the order will be sent together with the return of the sum of money received from the consumer, to the indicated account or to the account from which the transfer was made.
7. The customer has the option of changing, correcting and canceling the submitted and confirmed order by sending an e-mail to the following address: info@ebikestuff.eu not later than until the goods are shipped. The provision is without prejudice to the provisions on the right to withdraw from distance contracts.
8. The prices of goods in the store are gross prices, expressed in Polish zlotys and include VAT. The information on the given prices is valid at the time of placing the order until its implementation and will not change during this time.
9. At the customer's request, the company issues VAT invoices. To receive a VAT invoice, please inform about it when placing the order and provide the company details necessary to issue the invoice.
10. In the case of an online store, the date of issuing the sales document depends on the payment of the buyer on the seller's account. If it took place before the shipment of the goods, then the date of issue of the document should be the date of receipt of the sum on the seller's account.
11. If it is an invoice, the entrepreneur may do so no later than on the 15th of the following month.
Due to the introduction of new legal regulations from 01/01/2020, regarding the issuing of invoices to the receipt, we would like to inform you that:
"From January 1, 2020, an entrepreneur who makes a purchase based on a receipt will be able to request an invoice for this receipt, but only if the receipt includes its tax identification number. Otherwise, the seller will not be entitled to issue an invoice, and thus the person running the business will lose the ability to settle the purchase in company costs.
Therefore, if the Buyer who purchases the receipt, when placing the order, does not provide his NIP number in the appropriate field, he will not be able to ask for an invoice for this receipt in the future.
12. In order for the Seller to be able to issue an invoice for the receipt, the Buyer is obliged to return the ORIGINAL of the receipt to the following address: E-bike stuff Marek Kardasz, address: gen. Władysława Andersa 40 D, 15-113 Białystok.
13. If the Seller does not receive the ORIGINAL receipt from the Buyer within the statutory time, it will not be possible to issue an invoice.
14. The Seller does not accept scans or photos of receipts due to the restrictions introduced by the legislator.
15. Please make your purchases carefully. After pressing the "Order" button, it is not possible to change or combine orders. One order equals one shipment.
IV. Order fulfillment, shipping and payment:
1. Ordered goods are delivered to the customer via a courier company. The store is obliged to deliver items free from defects.
2. The cost of shipping via a courier company shall be borne by the Buyer, unless the store does not inform the consumer about the shipping costs in accordance with the following provisions of the regulations and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, i.e. as amended, hereinafter referred to as the Act on consumer rights).
3. The amount of shipping costs results from the rates applied by the courier company.
4. The store clearly indicates, at the latest at the beginning of the ordering process, clear and legible information about the delivery restrictions and the accepted methods of payment.
5. The purchased goods are delivered to the address indicated as the delivery address in the order form.
6. The date of shipment of the ordered goods in Poland is up to 3 working days from the moment the payment is credited to the bank account. Outside Poland, according to the information provided when choosing a delivery to a specific country.
7. The form of payment is:
a) prepayment to the Seller's bank account. The bank account number for prepayment will be sent to the e-mail address provided by the customer (provided in the order) after prior checking the availability of the goods and confirming its availability. If the Buyer chooses to pay in advance, the order must be paid within 3 business days of placing the order. After this date, the order will be canceled.
b) prepayment via the payment platform: Przelewy24 - if you choose payment via the Przelewy24 payment platform, PayPro Spółka Akcyjna is the entity providing online payment services.
8. Information referred to in par. 6 sec. 9-10, the store provides using the model instruction on withdrawal from the contract, constituting Annex 1 to the Act of May 20, 2014 on consumer rights.
9. The www.ebikestuff.eu store ensures that the consumer, before confirming the order placement, will be informed about the obligation to pay for the delivered goods by pointing to the button with the confirmation function.
10. The order is placed upon confirmation of its content and acceptance of the Shop Regulations and the privacy policy by the Buyer.
11. The www.ebikestuff.eu store is not responsible for the unavailability of specific goods and allows the possibility of its temporary lack, which may extend the period of the contract. In such cases, the customer will be informed by phone or e-mail about this fact and the next possible date of the order fulfillment. The customer may then cancel the order.
12. Along with the goods shipped, the seller sends the customers who are consumers a written notice of the right to withdraw from the contract within 14 days from the date of receipt (Appendix 1).
V. Return of goods, exchange and complaints:
1. The basis for claims related to the granted guarantee or warranty, subject to the following provisions, is the presentation of a receipt or invoice and confirmation of payment for the purchased goods and return of the goods in the package.
2. In the event of any complaints, please contact E-bike stuff Marek Kardasz to the following address: info@ebikestuff.eu. In response, we will attach a complaint form.
3. In the event of returning the goods, it should be sent back to the address of E-bike stuff Marek Kardasz ul. gen. Władysława Andersa 40 D, 15-113 Białystok with a completed complaint form and proof of purchase. The goods under complaint should be returned in the condition in which they were purchased, taking into account normal wear and tear, in an appropriate packaging with a fiscal receipt and a completed complaint form. The customer will be informed about the method of considering the complaint in writing - by post via Poczta Polska. We respond to the complaint only in writing - by letter within the statutory period.
4. The complaint will be considered within 14 days from the date of delivery.
5. The Seller provides a guarantee only in the form of a declaration attached to the delivered subject of the contract. The terms of the granted warranty are specified in the warranty document. The basis for asserting warranty claims is presenting the Seller with a warranty document. The seller may informally determine which of the goods posted on the store's website are covered by the seller's or manufacturer's warranty, by placing relevant information next to the goods. The information contained on the website is not a guarantee document, but only the seller's declaration of this content issued to the buyer.
6. The guarantee for the sold consumer goods does not exclude, limit or suspend the rights of the buyer resulting from the non-compliance of the goods with the contract or warranty.
7. The Seller expressly declares that any rights under the guarantee or warranty will not be taken into account if the returned goods turn out to be breached, e.g. by misuse, overheating, mechanical damage, flooding, if the indicated defectiveness of the goods may be related to activities on the subject of return not made by the seller.
8. In the event of refusal to accept the complaint or guarantee and stating that the delivered goods were in accordance with the concluded contract, the Seller will inform the customer about the refusal to process the request. If it is possible to remove defects as part of the repair services provided by the Seller, the Seller will inform the customer in a refusal letter about the possibility, terms of the service, price and date of execution of such an order. The repair service will be provided for a fee, only at the express request of the customer, with reimbursement of the shipping costs of the repaired goods.
VI. Consumer right to withdraw from the contract:
1. A consumer who concluded a contract through the store may withdraw from it without giving reasons, by submitting an appropriate statement in writing within 14 days from the delivery of the goods. To meet this deadline, it is enough to send a statement before its expiry. The statement may be sent by e-mail or by filling in the appropriate form constituting Annex 2 to the Regulations. The seller confirms receipt of the statement in writing.
2. In the event of withdrawal from the contract, the contract is considered void and the consumer is released from any obligations. What the parties have provided, including courier costs, is returned unchanged, unless the change was necessary within the limits of ordinary management. The shipping cost is not refunded if the buyer has chosen a different delivery method than the one indicated by the seller and it is higher than the one indicated by the seller.
3. The return should be made immediately, not later than within 14 days. In order to return the goods, the Seller, together with the goods, sends the statutory form containing a declaration of withdrawal from the contract and proof of sending the goods to the Courier Company. The goods may also be returned at the shop's premises at ul. Gen. Władysława Andersa 40 D, 15-113 Białystok on working days between from 7:00 a.m. to 3:00 p.m. The content of the form is attached as Annex 2 to the Act of 30 May 2014 on consumer rights.
4. The 14-day period in which the consumer may withdraw from the contract is counted from the day the consumer takes possession of the goods.
5. If the Seller does not inform the Buyer about the right to withdraw from the contract, the period during which the Buyer may withdraw from the contract is 12 months and counts from the date of delivery of the item. However, if the consumer receives information about his right to withdraw from the contract after the start of the period, the period is shortened to 14 days from that date.
6. The Seller confirms in writing the return of the purchased goods. The return should take place in the original packaging in which the goods were sent together with the confirmation of the purchase of the goods.
7. The reimbursement of the payment made by the Buyer will take place in the same form as selected by the Buyer, to the account indicated by the Buyer in the declaration of withdrawal from the contract or to the account from which the payment for the goods was made, after the Buyer presents a proof of returning the goods to the seller's address within the deadline 14 days from the date of submitting the declaration of withdrawal from the contract. To meet the deadline, it is enough to return the items before its expiry.
8. The consumer bears the direct cost of returning the item.
9. The consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item, unless the seller has not informed the consumer about the right to withdraw from the contract in accordance with the statutory requirements.
10. The right to withdraw from the contract according to the above provisions does not apply if the subject of the contract are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery.
VII. Tuning service for a new TSDZ2 or TSDZ2B motor:
1. The ordered service is carried out in accordance with the provisions of the store's regulations on payment and delivery.
2. The subject of the contract is the tuning service of a new TSDZ2 or TSDZ2B engine on an individual order, which includes:
- Upload of OSF alternative software
- Insertion of thermal protection
- Installation of a cooling system
- Calibration of the torque sensor
3. The new TSDZ2 or TSDZ2B motor must be delivered by the customer at his own expense to:
E-bike stuff Marek Kardasz
40 D. Gen. Władysława Andersa St,
15-113 Bialystok
4. The Seller may contact the customer to determine the required configuration parameters of the software uploaded to the engine. Lack of contact with the customer may delay the service execution.
5. The Seller will undertake the service immediately after receiving the order, payment confirmation and delivering the motor to his address by the customer. The timeframe for delivering the service is 14 working days. The time may be extended due to the lack of required components or other factors beyond the Seller's control. The customer will be informed through available contact channels about any delays.
6. The Seller provides a warranty only for the service provided and its proper operation. The motor delivered by the customer is not included in that warranty. The Seller is also not responsible for any existing defects or damage in the delivered motor existing prior to its modification.
7. Refund of the full amount of the order is possible only when the service wasn't carried out. The motor is sent back at the expense of the customer. Otherwise, the Seller reserves the right to charge the customer for the costs he has already taken while performing the service.
VIII. Final arrangements:
1. To use www.ebikestuff.eu it is necessary to have a web browser (preferably the latest versions of Internet Explorer, Chrome or Mozilla Firefox).
2. The browser should support encrypted data transmission (SSL) and support Javascript. Cookies must also be enabled.
3. To place an order in the Store, in addition to the requirements set out in paragraph 1 and 2, an active e-mail account is required.
4. In the territory of the country, the court competent to hear disputes arising from the contract of sale is the court competent for the seat of the defendant or the court competent for the place of performance of the contract.
NEWSLETTER
1. The Service Recipient may voluntarily use the Newsletter service.
2. To use the Newsletter service, it is necessary to have a device with the latest version of a web browser that supports JavaScript and cookies, with access to the Internet and an active e-mail account.
3. E-mails sent as part of this service will be sent to the e-mail address provided by the Customer at the time of subscribing to the Newsletter.
4. The Service Recipient, in order to conclude a contract and subscribe to the Newsletter service, in the first step provides his e-mail address to which he wants to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Service Recipient a message verifying the e-mail address, which will include a link to confirm the Service Recipient's will to subscribe to the Newsletter. After the Customer confirms his will to subscribe to the Newsletter, a contract for the provision of the service is concluded and the Service Provider will start providing it to the Customer.
5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
6. The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in sec. 5 or by sending a message to the Service Provider's e-mail address: info@ebikestuff.eu
7. The use by the Customer of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter will result in the immediate termination of the contract in the provision of this service.
8. Complaints about the Newsletter should be reported to the Service Provider at the following e-mail address: info@ebikestuff.eu
9. The Service Provider will respond to the complaint within 14 days of receiving the complaint.