Terms and conditions of the online store

§ 1 General provisions

1. These Regulations, hereinafter referred to as "Regulations", define the rules for the use of the online store located at URL https://www.artii.pl, hereinafter referred to as "Store".
2. The Store is operated by ARTII MOTO-CUSTOMS Artur Bosak with registered office: Piatkowiec 4B, 39-308 Piatkowiec, holding NIP 8171205865, hereinafter referred to as the "Administrator".
3. Address of the Store and contact information: web address - www.artii.pl e-mail - artiimotocustoms@gmail.com, telephone +48600212527 correspondence address - Piatkowiec 4B, 39-308 Piatkowiec.
4. Information on the scope of personal data processing by the Store ("Privacy Policy") and the scope of use of cookies ("Cookie Policy") can be found at the URL www.artii.pl/polityka-prywatnosci-i-cookies/.
5. Each person, before using the Store, should read its Regulations.
6. Making purchases in the Store requires the Customer to have an active and working email account.

§ 2 Definitions

The terms used in the Regulations mean respectively:

1. Store - online store operating at www.artii.pl, selling products at a distance.
2. Customer - any entity making a purchase in the Online Store in accordance with the content of the Regulations, including Consumers as well as Entrepreneurs.
3. User - any entity using the Internet, which enters the Store's website.
4. Customer Account - a field containing data on transactions carried out and an instrument used to process orders placed by the Customer.
5. Newsletter - a service provided by the Online Store to the User who has agreed to send them a Newsletter, consisting of sending to such Users any information about the operation of the Online Store, after the User voluntarily provides an e-mail address, name and surname.
6. Consumer - a natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity.
7. Entrepreneur - a natural person, a legal person or an unincorporated entity making a legal transaction on its own behalf in the course of its business or professional activity.
8. Business days - days of the week from Monday to Friday, except for public holidays.
9. Regulations - this document, which defines the terms and conditions of use of the Online Store and the purchase of products therein.
10. Registration - voluntary submission of data by a Customer of the Store consisting of filling out a form available on the pages of this Store.

§ 3 Types and scope of activity of the Store

1. By means of the Store is conducted distance sales via the Internet of an assortment of motorcycle parts and accessories.
2. The offered items are new or handmade.

§ 4. technical requirements

1. For proper and uninterrupted use of the Store, the Customer's station/end device should meet the following minimum technical requirements:
   • active Internet connection,
   • enabled acceptance of cookies and Java Scripts
   • active e-mail address
2. The Store is not obliged to provide the above devices and/or software.
3. Installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the customer and the licensor.
4. The store's website is adjusted to a screen resolution of 320px - 2560px

§ 5 Rules for making purchases

1. The store, before confirming the purchase, presents the following information to the Customer:
   • the exact description of the product in question and its features;
   • the total price of the ordered products including taxes, as well as the fee for transportation, delivery or postal services
     and a summary of the total amount of the order with the selected delivery option
   • concerning the method and date of payment
   • concerning the manner and term of performance by the entrepreneur.
2. Making a purchase of a Product does not require registration in the Store
3. Placing an order is done using a form, available on the store's website in the shopping cart summary, in which the Customer provides the following data:
   • First and last name or company name
   • Email address
   • Phone number
   • PESEL or NIP No.
   • Address data for shipping
4. The customer places an order after reading the information specified in the content of the store's Terms and Conditions and the information indicated in paragraph 2, which will be displayed electronically in the last step of filling in the electronic form preceding the expression of the will to be bound by the contract by clicking the "I buy and pay" button. After reading the accumulated information specified for the Customer's order, the Customer expresses his or her will to be bound by the contract by clicking the "I buy and pay" button.
5. All prices displayed on the Shop pages are in Polish zloty and include VAT. The price displayed in the summary of the shopping cart before placing the order includes shipping costs according to the option selected by the Customer.
6. The Store undertakes to deliver items free of defects.
7. An order is considered to be accepted for execution after the Store confirms acceptance of the order placed by the Customer.
   • Confirmation of order acceptance is sent automatically after the order is placed by the Customer;
   • The Store may withhold acceptance of an order if it has doubts as to the veracity or reliability of
     data indicated by the Customer in the registration form. In such case, the Store will immediately contact
     the Customer in order to clarify the doubts in question.
   • In case of unavailability of some of the products included in the order, the Customer is immediately informed about it. The Customer decides whether the order is to be partially fulfilled or cancelled in full.
8. The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
9. The following payment methods are honored in the Store:
   • cash on delivery upon receipt of the shipment delivered by a postal operator or courier company,
   • ordinary transfer,
   • electronic payment system.
10. The deadline for payment is 7 days from receipt of the order
11. The contract is considered to be concluded upon confirmation of order acceptance in the case of selection of cash on delivery payment or upon payment by the Customer, upon receipt of confirmation of order acceptance for execution.
12. Ordered goods are shipped within 7 working days:
    • from the crediting of the amount due for the product in case of choosing payment in advance,
    • from confirmation of acceptance of the order for execution in case of choosing payment on delivery
    • Shipments are sent via courier service, the Polish Post Office or to InPost Parcel Machines.
13. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer - depending on the destination of delivery.
14. In case of ordering several pieces of goods, the goods are, as a rule, packed collectively in one shipment, unless, when choosing the method of delivery, the Customer indicates a different method of packing and selects the option of separate delivery for each product.
15. The Customer will be notified by e-mail about the shipment of goods. When choosing courier delivery, the Customer will receive a tracking number via email.
16. The maximum delivery period according to the Law on Consumer Rights is up to 30 days. If the deadline indicated in the previous sentence is exceeded, the Consumer has the right to give the seller additional time. If the goods are still not delivered the Customer may withdraw from the contract.
17. If the goods are to be sent by the Store to a Customer who is a consumer, the danger of accidental loss or damage to the thing (goods) passes to the Customer at the time of its release to the Customer. Release of the thing (goods) is considered to be its entrustment by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
18. The Store provides an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract - the forms are attached as Appendix 1 and 2 to these Regulations.
19. A receipt confirming the purchase is sent along with the Product. At the request of the Customer, a VAT invoice is issued. The Customer is obliged to provide complete data necessary for proper issuance of a VAT invoice:
    • Name/Company,
    • Address of residence/site,
    • NIP number (for companies), PESEL number (individuals),
    • Order number,
    • Mailing address
      Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address
      provided by the customer.
20. Other information related to the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator's partners will be sent only to those Customers who have given their consent.

§ 6 Complaints

1. With regard to complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Act of May 30, 2014. On consumer rights (Journal of Laws 2014 item . 827 of June 24, 2014).
2. The store is responsible to the customer under the warranty , if the sold thing ( goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold thing (goods) with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
   • does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from
     circumstances or purpose;
   • does not have the properties that the Store assured the Customer of, including by presenting a sample or specimen;
   • is not suitable for the purpose about which the Customer informed the Store at the conclusion of the contract, and the Store did not make
     reservations about such purpose;
   • has been given to the Customer in an incomplete condition.
3. Complaints about ordered goods may be submitted by e-mail to artiimotocustoms@gmail.com or by registered mail to Piatkowiec 4B, 39-308 Piatkowiec.
4. To facilitate the submission of complaints, a sample complaint form is provided at the URL https://artii.pl/wp-content/themes/artii_theme/formularz_reklamacji.docx. The use of this form is optional.
5. When filing a complaint, please provide the following data: name and surname of the Customer, address, data allowing identification of the sale (e.g. login, order number, date of transaction), subject and reason for the complaint, contact information.
6. Determining the manner of fulfillment of the Store's obligations in the scope of the reported complaint on the subject of the occurrence of physical or legal defects in the item, the Customer, who is a consumer, has the right to make a statement to reduce the price or withdraw from the contract, unless the Store immediately and without excessive inconvenience for the Customer will replace the defective item with a defect-free one or remove the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Store) or the Store has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
7. If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Shop, demand the replacement of the thing for a defect-free one or, instead of the replacement of the thing, demand the removal of the defect, unless bringing the thing into conformity with the contract in the way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Shop. In assessing the excessiveness of the costs, the value of the defect-free item, 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.
8. The reduced price should remain in such proportion to the price under the contract as the value of the thing with the defect remains to the value of the thing without the defect.
9. The Customer may not withdraw from the contract if the defect is insignificant.
10. Complaints submitted by the customer will be considered within 14 days of their submission. The absence of a statement within this period shall be considered recognition of the claims made by the Customer.
11. The Client will be notified of the resolution of the reported complaint by the same way the complaint was sent, unless the Client stipulates another form of contact. Resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the Client.
12. If the complaint is resolved positively, the Store sends to the Customer the Goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store, according to the alternative request submitted by the Customer - will reduce the price or return the equivalent of the price of the product, plus shipping costs.
13. The right to warranty is excluded for Customers purchasing as Entrepreneurs.

§ 7 Withdrawal from the contract

1. Pursuant to the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827), the Customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the Customer took possession of the item, or when a third party other than the carrier indicated by the Customer took possession of the item. To maintain the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiration. The Store allows for the possibility of submitting a statement of withdrawal by e-mail to: artiimotocustoms@gmail.com. Upon receipt of the statement by e-mail, the Store will immediately send to the Customer who is a consumer, on a durable medium, an acknowledgement of receipt of the statement of withdrawal. The statement can be made on a form, a sample of which is provided at the URL https://artii.pl/wp-content/themes/artii_theme/formularz_zwrotu.docx and will be attached by the Store in hard copy to the product shipment. The use of the said form is optional.
2. According to Article 38 of the Law on Consumer Rights, the right to withdraw from a contract concluded remotely, in accordance with the law, is not available to the consumer in cases:
   • 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 start of the service, that after the performance of the service by the entrepreneur will lose the right
     to withdraw from the contract;
   • in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not have
     control, and which may occur before the end of the withdrawal period;
   • in which the subject of the performance is a non-refabricated item, produced according to the consumer's specifications or
     serving to meet his individualized needs;
   • in which the subject of the service are things which, after delivery, due to their nature, become
     inseparably connected with other things;
   • In the case of withdrawal from the contract, the Customer is obliged to return the goods to the address: Piatkowiec 4B, 39-308
     Piatkowiec or give it to a person authorized by the Store to collect it immediately, but no later than 14 days
     from the day on which, he/she withdrew from the contract, unless the Store offered to collect the item himself/herself. The returned goods should
     be packed in a way that prevents them from being damaged in transit.
3. If the Customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the Customer.
4. In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him in the form of a RABAT CUP, immediately, and in any case no later than 14 days from the date on which the Store was informed of the Customer's decision to exercise his right of withdrawal from the contract with the Store.
5. The Shop shall refund the payment by issuing a RABAT CUPON in the amount of 100% of the value of the item, excluding delivery costs, unless the value of the item has decreased.
6. The consumer is responsible for the reduction in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
7. The store may withhold the refund until it has received the returned Goods (items) or until it has provided proof of return of these goods in connection with the withdrawal, depending on which event occurs first.
8. If the Customer, who is a consumer, has chosen a method of delivery of the item (goods) other than the cheapest ordinary method of delivery offered by the trader, (refers to the method of initial delivery to the Customer) the trader shall not be obliged to reimburse the Customer for the additional costs incurred by him.

§ 8 Final provisions and a description of the possibility of using out-of-court ways to handle complaints and
claims.

1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Regulations and the aforementioned regulations, those regulations shall take precedence.
2. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights(Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. - Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
3. Information on the possibility of the Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protecting consumers, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
   • http://www.uokik.gov.pl/spory_konsumenckie.php
   • http://www.uokik.gov.pl/sprawy_indywidualne.php
   • http://www.uokik.gov.pl/wazne_adresy.php
4. A customer who is a consumer has, among other things, the following possibilities to use out-of-court ways of dealing with complaints and claims:
   • Permanent amicable consumer court operating at the Trade Inspection- the possibility of requesting
     to resolve a dispute arising from the concluded Sales Agreement;
   • The provincial inspector of the Trade Inspection- the possibility to request the initiation of mediation proceedings
     on amicable until the dispute between the Customer and the store is resolved;
   • district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of
     consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation
     Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers
     Polish Consumers at the email address porady@dlakonsumentow.pl
   • Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/

Attachments

1. Informational letter
2. Withdrawal form
3. Complaint form