Regulations of GEOBIKE webstore of 30.05.2018
Terms used in the Regulations shall have the following meanings:
- Customer – a natural person, legal person or an organisational unit not being a legal person granted legal capacity under the detailed regulations, which submits the Orders using the Store;
- Consumer – according to Article 22  of the Civil Code it is a natural person performing with the entrepreneur a legal activity directly or not directly related to his business or professional activity.
- Civil Code – the Act of 23 April 1964 (Dz. U. No.16, item 93 as amended);
- Regulations – these Regulations of rendering electronic services via GEOBIKE webstore;
- Webstore (Store) – a website available at: https://shop.geobike.eu/, via which the Customer may, in particular, submit the Orders;
- Product – products presented at the Webstore;
- Sales Agreement – a Product sales agreement, as defined by the Civil Code, signed between GEOBIKE Sp. z o.o. and the Customer via the Webstore;
- Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
- Act on rendering electronic services – the Act of 18 July 2002 on rendering electronic services (Dz. U. No.144, item 1204 as amended);
- Order – the Customer's declaration of will directly aiming to entering into Sales Agreement, determining, in particular, the type and the quantity of the Product.
II. General provisions
- The present Regulations determine principles of using the Webstore available at: https://shop.geobike.eu/
- These Regulations are the regulations referred to in Article 8 of the Act on rendering electronic services.
- The Webstore at: https://shop.geobike.eu/ managed by GEOBIKE Sp. z o.o. based in Szczecin, 70-383, ul. Mickiewicza 21, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Department of the National Court Register, under KRS number: 0000496125, Tax Identification Number: 852-26-06-125, National Business Registry Number: 321474181.
- These Regulations determine in particular:
a) the principles of registration and use of the Webstore account;
b) conditions and principles of making electronic reservation of products available via the Webstore;
c) conditions and the principles of electronic submission of the Orders via the Webstore;
d) principles of entering into Sales Agreements using the services provided via the Webstore.
- For the purpose of using the Webstore the Customer should obtain, on his own, access to the computer or other device with Internet access.
- Technical conditions of rendering electronic services by the Store are as follows:
a) Internet access;
b) a web browser (Internet Explorer, Opera, FireFox or similar);
c) an e-mail account.
- According to the applicable laws, GEOBIKE Sp. z o.o. reserves the right to limit the provision of services via the Webstore for persons who attained the age of 18 years. In this case the potential Customers will be notified of the above.
- The Customers can access these Regulations at any time via link on the homepage, download them and print them.
III. Principles of using the Webstore
- The condition for starting to use the Webstore is registration.
- Registration is performed by filling in and accepting the registration form available on one of the pages of the Webstore.
- The registration is conditional on approving the contents of the Regulations and providing personal data marked as mandatory.
- GEOBIKE Sp. z o.o. may, with an immediate effect, deprive the Customer of his right to use the Webstore and may reduce his access to parts or the whole of the Webstore if the Regulations are violated by the Customer, in particular when the Customer:
a) stated untrue, inaccurate, out-of-date, or misleading data or data compromising the rights of third parties during the registration at the Webstore;
b) violated - via the Webstore - personal interests of third parties, in particular personal interests of other customers of the Webstore;
c) commits other actions that are acknowledged by GEOBIKE Sp. z o.o. as inconsistent with the applicable laws or general principles of using the Internet or as tarnishing the good reputation of GEOBIKE Sp. z o.o.
- A person who was deprived of his right to use the Webstore, cannot register again without a prior approval of GEOBIKE Sp. z o.o.
- To ensure the safe transfer of messages and data in connection with the services rendered under the Website, the Webstore undertakes technical and organisational measures according to the degree of hazards to safety of the services provided, in particular means preventing the unauthorised acquisition and modification of personal data transmitted on the Internet.
- The Customer shall, in particular:
a) not deliver and not provide the content forbidden by legal regulations, e.g. contents that glorify violence, are defamatory, violate personal interests and other rights of third parties;
b) use the Webstore in a manner not disrupting its functioning, in particular using specific software or devices;
c) not undertake actions such as: sending or publishing not ordered commercial information (spam) via the Webstore;
d) use the Webstore in a manner not troublesome for other customers and for GEOBIKE Sp. z o.o.
e) use contents published via the Webstore solely for the personal use;
f) use the Webstore in a manner consistent with legal regulations binding on the territory of the Republic of Poland, provisions of the Regulations as well as with general principles of using the Internet.
IV. The procedure of the conclusion of a contract for sale
- Information about Goods stated on the websites of the Store, in particular the Products' descriptions, technical and utility parameters along with prices are an invitation for conclusion of a contract, as defined by Article 71 of the Civil Code.
- Prices of Goods are specified in Euro currency and are inclusive of Value Added Tax (gross price).
- Orders in the Store can be submitted 24 hours a day.
- In order to conclude a Sales contracts via the website of the Online Store one should visit the website https://shop.geobike.eu/, choose a Product and take subsequent technical activities based on messages displayed to the Customer and information available on the web page.
- The selection of the Goods ordered by the Customer is made by adding them to the basket.
- When placing an Order – until pressing the "I order with the obligation of payment" button, the customer has the possibility of modification of the introduced data of a chosen Product. For this purpose, follow messages displayed to the Customer and available information on the website.
- The Store issues a receipt or an invoice for purchased goods. In order to receive an invoice, while ordering one should mark the option "Invoice".
- After submitting all necessary data by the Customer using the Online Store, there will be displayed a summary of the submitted Order. A summary of the submitted Order shall contain information regarding:
a) the object of the order;
b) unit and total price of ordered products or services, including delivery costs and additional costs (if present);
c) the selected payment methods;
d) the selected method of delivery;
e) Customer's data stated during registration in the Store.
- To send an Order it is necessary to accept the content of the Regulations, specification of personal data marked as mandatory and pressing the button "I order with the obligation of payment"
- Sending the Order by the Customer means the will to conclude with GEOBIKE Sp. z o.o. The Sales Agreement with GEOBIKE Sp. z o.o., in accordance with the content of the Regulations.
- After submission of the Order, the Customer receives an e-mail message entitled "Confirmation of the submission of the order no. ...", containing the final confirmation of the Order's all significant elements.
- The Contract is treated as concluded as of the moment of receipt by the Customer e-mail mentioned above.
- The Customer may watch the status of the implementation of the Order in the User's account.
- The sales contract is concluded in English, with the content as set forth in the Regulations.
- The Customers can access these Regulations at any time via link on the homepage, download them and print them.
- Recording, protecting and making available the data of the Order and general conditions (Regulations of the Online Store) is carried out by e-mail.
V. Time of processing orders
- The condition of commencement of execution of the Order is a receipt of payment for the order by the Store.
- Time of processing orders:
a) Orders are implemented by the Store service within 1 working day. Orders placed after 10: 00 on business days and on Saturdays, Sundays and holidays shall be made on the next working day.
b) Orders of Goods with the specified time of availability will be implemented on the following working day from the date of availability.
c) Orders of Goods on special request are implemented within 60 days.
- In the event of circumstances preventing entirely or temporarily the implementation of the submitted Order, the Store reserves the right to withhold the Order. It shall be obliged to immediately notify the Customer.
- The delivery of the Products is limited to the area of the states of the European Union and takes place to the address indicated by the Customer when placing an Order.
- The Products are delivered to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Deutchland, Estonia, Finland, France, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
- Orders placed in the Store are delivered by the courier or transport company.
- A type of delivery company is determined individually and is dependent on the weight and dimensions of the package.
- Cost of the shipment depends on the value of the Order. The Store offers the following costs of delivery of the Order:
a) The order with the value up to 539 EUR – 20 EUR
b) the Order with the value from 540 EUR to 1399 EUR – cost 60 EUR
c) the Order with the value from 1400 EUR to 2999 EUR – cost 80 EUR
- All Orders with the value above 3000 EUR are sent at the expense of the Store.
- Delivery time depends on the type of carrier and is up to 7 working days.
VII. Payment methods
- The customer has the possibility to pay for the Order:
a) by bank transfer to the bank account number: IBAN PL32 1050 1559 1000 0090 8001 6513, ING BANK ŚLĄSKI S.A., BIC (SWIFT) INGBPLPW
b) by electronic bank transfer - payment by means of PayPal system;
c) payment by the debit card - payment by means of PayPal system, the system accepts Visa and MasterCard payment cards.
- The payment should be completed within 3 days from the submission of an order. After this date, the Order is cancelled by the Store's personnel.
VIII. Return of goods
- The Customer being a Consumer has the right to withdraw from the Contract without specifying the reason within 14 days from the date of delivery of the shipment.
- In order to take advantage of the right to terminate the Contract, the Consumer is under the obligation to advise the Store about his decision by way of an explicit declaration (for example, a letter sent by post, by fax or e-mail).
- The term to terminate the contract starts, in the case of contracts of sales, from the moment of receiving things by the Customer or a person indicated thereby (other than the carrier).
- To preserve the term to terminate the contract for sale, it is enough to send a statement on termination of the Contract for sale within this time.
- In the case of termination the Contract by the Customer on the terms described above, they are obliged to return the Goods covered by the Contract which they terminated. The return shall take place no later than within 14 days from the date of withdrawal from the Contract for sale to the following address: GEOBIKE Sp. z o.o., ul. Mickiewicza 21, 70-383, Szczecin Poland, with the note "Return".
- The Store does not accept return shipments sent at the expense of the Store, as well as to postal safe-deposit boxes or parcel lockers.
- The returned Product cannot wear the signs of use, it should be returned with a complete equipment and proof of purchase. The Product should be packed in the original packaging in a manner ensuring lack of damages during transportation.
- The damaged Product is not subject to returns, also incomplete, soiled and the Product being a product on a special request, manufactured according to the specification of the Customer.
- In the case of the termination of the Contract by the Customer, the Store returns all payments under the purchase, including costs of the delivery of the Product, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery available in the Store.
- Costs of sending the product to the Store are not returned to the Consumer.
- The Store may withhold the refund of payments until receipt of the Product or supplying by the Customer the evidence of sending the Product back, depending on which event is sooner.
- A refund should be made using the same payment method which the Consumer used, unless the Consumer expressly agrees to a different way of return which does not bind them with any costs.
IX. The conditions of complaint concerning the purchased goods
- The Store GEOBIKE Sp. z o.o. is held responsible towards the Buyer being a Consumer for the faultiness of the Product as provided for by the provisions of the Civil Code, in particular regulations concerning warranties in Article 556–576 §4 of the Civil Code.
- Following the above paragraph the Buyer along with the recognition of a faulty product may request the replacement of a defective goods, reduction in its price, removal of the defect or also may terminate the contract concluded with the seller.
- The Consumer can make complaints under warranty for the period of 24 months from the date of receipt of the Product.
- The complaint covers only hidden defects of the Product, arising from the manufacturer's fault. The damaged Product as a result of improper use and the one which has naturally wore is not subject to complaints.
- Any modification of the Product causes the loss of the right to complaints.
- In order to maintain the right to a guarantee in the case of the Goods like bicycles, the Consumer is under the obligation to carry out an initial inspection of the bike and check it annually.
- The basis for the acceptance of the complaint is the evidence of purchase of the Product, and in the case of the Products like bicycles, also a guarantee card with an initial inspection and annual inspections.
- To place a complaint one should fill a complaint notification and send it back along with the faulty Good, guarantee card and proof of purchase to the following address: GEOBIKE Sp. z o.o. ulica Mickiewicza 21, 70-383, Szczecin Poland, with the note "Complaint".
- The complaint will be examined within 14 days from its submission.
- In the case when the complaint is examined in favour of the Customer, GEOBIKE Sp. z o.o. will repair, decreases the price or will replace the Product with a new one free of faults or shall reimburse the value of a purchased product.
- The Consumer sends the Goods being a matter of the complaint at their own expense.
- The store does not accept shipments sent as paid upon delivery.
- Costs of sending the Product to the Consumer shall be borne by the Store.
X. Complaints with regard to the provision of electronic services
- GEOBIKE Sp. z o.o. takes action in order to provide fully correct operation of the Store to the extent which results from the current technical knowledge and undertakes to remove in reasonable time any irregularities submitted by Customers.
- The Customer is obliged to immediately notify GEOBIKE Sp. z o.o. about any non-compliances or breaks in the functioning of the service of the Online Store.
- Irregularities related to the functioning of the Store can be reported in writing to the address: GEOBIKE Sp. z o.o., ul. Mickiewicza 21, 70-383, Szczecin, Poland, or by e-mail to the address firstname.lastname@example.org or by using the contact form.
- The complaint should contain the Customer's full name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.
- GEOBIKE Sp. z o.o. undertakes to examine each complaint within 14 days. Failure to examine a complaint within the time stated above means the recognition of it as justified.
XI. Protection of personal data
- The seller (GEOBIKE Sp. z o.o.) processes personal data of the Client as the administrator of personal data.
- The Customer's personal data is protected in accordance with the Regulation (EU) of the European Parliament and of the Council 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU no. 119, p. 1), as well as in accordance with other currently valid regulations of the law on protection personal data.
- Provision of personal data by the Customer is voluntary but necessary to use services electronically provided by the seller, including signing of the Sales Agreement.
- The Customer has the right to access his personal data, correct it and remove it. The Customer can correct his personal data after logging in to the Customer's account or, if he is not a registered Customer, can do this by sending a relevant request to the seller.
- To ensure protection of personal data being processed, GEOBIKE Sp. z o.o. applies appropriate technical and organisational measures.
XII. Final provisions
- In any cases not regulated in these the Regulations, the provisions of the Civil Code, the Act on electronic provision of services and other applicable provisions of the Polish law will apply.
- The resolution of any possible disputes arising between GEOBIKE Sp. z o.o. and the Customer who is a Consumer at the same time, will be subjected to a court competent for GEOBIKE Sp. z o.o.
- Provisions of the Regulations do not exclude, nor restrict any rights of Customers being at the same time Consumers as defined by the regulations of the Civil Code, granted to them by virtue of commonly and absolutely binding legal regulations of the Polish law.
- These regulations are in force from the date of 30 May 2018