Regulations

Online Store Regulations

 

§ 1

Preliminary provisions

 

1. MotoRemo online shop, available at www.motoremo.pl, is maintained by MotoRemo Spółka z ograniczoną odpowiedzialnością Sp.k. based in Iława 14-200, at Bydgoska 35, entered into the National Court Register by the District Court in Olsztyn, VIII Economic Division of the National Court Register, under the KRS under KRS 0000764905, NIP 7441003913, REGON 510342740.

2. These Regulations apply to both Customers and Entrepreneurs who use the Online Store and sets out the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance through the Store.

 

§ 2

Definitions

 

1. Customer - a natural person concluding an agreement with the Seller within the framework of the Store, the subject of which is not directly related to its business or professional activity.

2. Seller  -MotoRemo Spółka z ograniczoną odpowiedzialnością Sp.k. z based in Iława at Bydgoska 35, zip code 14-200, entered into the National Court Register by the District Court in Olsztyn, VIII Economic Division of the National Court Register, under the KRS under KRS 0000764905, NIP 7441003913, REGON 510342740.

3. Client - any entity making purchases through the Store.

4. Entrepreneur - a natural person, a legal person and an organizational unit which is not a legal person, the separate law of which grants legal capacity, carrying out on its own behalf a business activity that uses the Store.

5. Store - an online store run by the Seller at the internet address www.motoremo.pl

6. Distance agreement - an agreement concluded with the Customer as part of an organized system of concluding distance agreements (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the agreement.

7. Regulations - this document.

8. Order - Customer's statement of intent expressed by filing out the Order Form and aiming to conclude the Agreement of Sale with the Seller.

9. Account - the Customer's account in the Store; it collects data provided by the Customer and information about Orders placed by them in the Store.

10. Registration form - form available in the Online Store which enables creation of an Account.

11. Order form - an interactive form available on the website of the Online Store that enables submission of orders, in particular by adding Products to the cart and determining the conditions of the Agreement of Sale, including payment and method of delivery.

12. Cart - an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and in which it is also possible to determine and modify the Order data, in particular the quantity of products .

13. Product - a movable item available in the Online Store which is the subject of the Sale Agreement between the Customer and the Seller .

14. Sale Agreement - an agreement of selling a Product to be concluded or concluded between the Customer and the Seller through the Online Store. The Sale Agreement also means - applying to the features of the Product - an agreement for the service provision and an agreement of supply of services.

 

§ 3

Contact with the Store

 

1. Seller’s address:

         a. MotoRemo Burzyńscy Sp z o.o. Sp.k.,

             ul. Bydgoska 35, 14-200 Iława

         b. MotoRemo Warsaw Branch

             ul. Głębocka 98a, 03-287 Warszawa

2. Seller’s e-mail address:   , 

3. Seller’s phone number: 22 751 55 03, 89 648 67 76

4. Seller’s bank account number: Milenium Bank No. 49116022020000000092613679

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

6. The Customer may communicate by phone with the Seller between 8:00 – 16:00.

 

§ 4

Technical requirements

 

To use the Store, including to view the Store's assortment and to place orders for Products, the following are needed:

a. end device with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera,

b. active e-mail account,

c. enabled cookies,

d. FlashPlayer installed.

 

§ 5

General information

 

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products of the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data

for the completion of an Order without creating an Account.

3. Due to the nature of our products, information about the goods listed on the site do not constitute an offer, but an invitation to conclude an agreement. Before placing an order, the Customer has the right to negotiate and individually agree all points of the agreement concluded with the Seller. These negotiations may be conducted in writing, electronically via e-mail or telephone.

If the Customer resigns from individual negotiations, the agreement is concluded under the terms specified herein.

4. Prices of the goods are gross prices in PLN (value-added tax included).

5. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing the Order, including when expressing the will to be bound by the Sale Agreement.

6. If the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the amount of the final (total) price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.

 

§ 6

Creating an Account in the Store

 

1. To create an Account in the Store, please complete the Registration Form. It is necessary to provide the following information: e-mail address

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering login and password set in the Registration Form.

4. The Customer has the ability to, at any time and without giving any reason, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

 

§ 7

Order Placement Rules

 

In order to place an Order:

1. Go to www.motoremo.pl

2. Select the Product being the subject of an Order, and then click the 'Add to Cart' button (or equivalent);

3. Log in or use the option of placing an Order without registration;

4. If the option of placing an Order without registration was selected - complete the Order Form by entering the recipient's details of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter invoice data, if different from the recipient's data,

5. Click 'Order and pay' / click 'Order and pay' and confirm the order by clicking the link sent in the email,

6. Choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

 

§ 8

Offered delivery and payment methods

 

1. The Customer may use the following methods of delivery or collection of the ordered Product:

a. Courier delivery, courier cash on delivery,

b. Personal collection at the point of MotoRemo Sp. z o.o. Sp.k.:

            Iława 14-200, ul. Bydgoska 35

            Chorzów 41-500, ul. Łagiewnicka 3

            Przeźmierowo/k.Poznania 62-081, ul. Ogrodowa 1A

            Warszawa 03-287, ul. Głębocka 98A

2. The customer can use the following payment methods:

a. Cash on delivery

b. Pay with cash upon delivery

c. Payment by bank transfer to the Seller's account

d. Electronic payments

e. Payment by card.

3. Detailed information on delivery methods and acceptable payment methods

can be found on the Store's website.

 

§ 9

Performance of the Sale Agreement

 

1. The conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has made the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2. The Seller, in response to the Order, immediately sends confirmation that he received the Order and began its verification. The Sale Agreement is concluded with the confirmation of the order, that is, to receive the message of the Customer mentioned. The Seller sends the Customer a confirmation of receiving of the Order and its accepting as well as confirmation of the Sale Agreement. Upon receipt of the above e-mail the Customer is entered into the Sale Agreement with the Seller.

3. If the Customer selects the following:

a) payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make payment within 2 calendar days since the date of the Sale Agreement - otherwise the order will be cancelled.

b) payment on delivery of the parcel, the Customer is obliged to make the payment on delivery.

c) cash payment when picked up personally, the Customer is obliged to make payment within 2 days since the date of being notified about the package's readiness for pick-up.

4. If the Customer has chosen a delivery method other than personal pick-up, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.

5. A In the case of Products with different delivery times, the delivery date is the longest given term.

B When ordering Products with different delivery times, the Customer may request delivery of the Products in parts or may request shipment of all the Products after completing the entire order.

6. Start of the period of Product delivery to the Customer counts as follows:

a. If the Customer chooses the transfer payment method, electronic payment or credit card payment - since the day on which the bank account of the Seller is credited.

b. If the Customer chooses the method of payment on delivery - from the date of the conclusion of the Sale Agreement,

6. If the Customer chooses to collect the Product personally, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected by sending an appropriate e-mail to the specified Customer's email address given when placing the Order.

7. When ordering Products with different readiness for collection dates, the Customer may collect Products in parts (according to their readiness for collection) or collect all Products after completing the entire order.

8. The start of the period of Product delivery to the Customer counts as follows:

a. If the Customer chooses the transfer payment method, electronic payment or credit card payment - since the day on which the bank account of the Seller is credited.

b. If the Customer chooses the method of payment on delivery - from the date of the conclusion of the Sale Agreement.

9. 9. Product delivery takes place within the European Union.

10. Delivery of the Product to the Customer is payable, unless the Sale Agreement provides otherwise. Shipping costs of the Product (including transportation fees, delivery and postal services) are shown on the Online Store web pages in the 'Shipping costs' tab and while placing the Order, including when the Customer expresses their desire to be bound by the Sale Agreement.

11. Personal collection of the Product by the Customer is free.

 

§ 10

Right of withdrawal

 

1. The Customer may withdraw from the Sale Agreement within 14 days without giving any reason.

2. The period referred to in paragraph 1 begins with the delivery of the Product to the Customer or a person designated by him other than the carrier.

3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 begins with the delivery of the last item, batch or part.

4. The Customer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Customer to send a declaration before this deadline.

5. The statement may be sent by traditional mail or by electronic means by sending the statement to the Seller's e-mail address - the Seller's contact details are specified in § 3. The declaration may also be submitted by filling in a form, a template of which is attached as Annex 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.

6. If the Customer sends a declaration electronically, the Seller will immediately send the Customer a confirmation of receiving of the declaration of withdrawal from the Agreement to the e-mail address provided by the Customer.

7. Effects of the withdrawal:

a. If the Customer withdraws from a distance Agreement, the Agreement shall be considered null and void.

b. The Seller shall immediately, not later than 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the Agreement, return to the Customer all payments made by him/her, including cost of delivery of the Product (with exception of additional costs resulting from the Customer's method of delivery other than the cheapest ordinary way available in the Online Store).

c. The Seller will refund payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed for another solution that will not involve any costs for him.

d. The Seller may withhold reimbursement until we have received the Product back or by the time the Customer have supplied evidence of having sent back the goods, whichever is the earliest.

e. The Customer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Customer sends back the Product within 14 days.

f. The Customer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by traditional mail.

g. The Customer is responsible only for a reduction in the value of the Product resulting from the use in a way other then necessary to establish its nature, characteristics and functions.

9. When, due to the nature of the Product, it cannot be returned by regular post mail, information about this, as well as about the cost of returning the Product, will be available in description of the Product in the Store.

10. The right to withdraw from a distance agreement is not entitled to the Customer in relation to the Agreement:

a. when the subject of the agreement is not a standard product but a product manufactured according to the Customer's specifications or to meet his individual needs,

b. the product is delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the packaging has been opened after the delivery.

c. the subject of the contract is a rapid decaying product or a product having a short shelf life.

d. the service agreement, if the Seller has fully completed the service with the express consent of the Customer who has been informed prior to the execution of the service that after the Seller completes the service, he/she loses his/her right to withdraw from the Agreement,

e. when the price or remuneration depends on fluctuations in the financial markets, over which the Seller has no control and which may occur before the deadline for withdrawal,

f. the subject of the contract is a product, which after delivery, because of is nature, is inextricably connected to other things

11. The Seller does not receive shipments sent back COD and is not responsible for the costs associated with such shipments.

 

§ 11

Complaints and warranty

 

1. The Sale Agreement covered new and used Products after repairs in the specialist service of the Seller. The state of each used Product is described in detail on the Store’s websites.

2. The Seller is obliged to provide the Customer with a product free from defects.

3. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.

4. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.

5. It is recommended that the complaint include brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in relation to the defect of the goods.

6. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified

7. Goods sent back within the complaints procedure should be sent to the address:

            Products from the category: Turbochargers, Compressors: Iława 14-200, ul. Bydgoska 35

            Products from the category: Tuning: Warszawa 03-287, ul. Głębocka 98A

8. If a warranty has been granted on the Product, information about it, as well as its content, will be included in the description of the Product in the Store.

9. Complaints do not cover: damage resulting from the use of the product contrary to its intended purpose or parameters; goods selected, modified, repaired or mounted individually.

10. The Seller is not responsible for damages caused by improper selection, assembly or improper use of the products.

11. Due to the characteristics of the products offered, the Seller is not liable for damages caused to third parties by using these products or cars modified with them.

12. The Seller is not responsible for damage to cars caused by improper selection and/or installation of the products ordered from the store.

13. The Seller is not responsible for the loss of warranty or guarantee granted to the Customer by the manufacturer or retailer of the car which uses ordered products, the loss of specific rights of the Customer resulting from the insurance policy or other similar agreement.

 

§ 12

Out-of-court procedures for dealing with complaints and claims

 

1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of poviat (city) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and:

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php oraz

http://www.uokik.gov.pl/wazne_adresy.php.

2. The Customer has the following examples of possibilities of using out-of-court procedures for dealing with complaints:

a. The Customer is entitled to ask the permanent arbitration court, as referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 with further amendments), to resolve a dispute arising from the Agreement concluded with the Seller.

b. The Customer is entitled to asl the provincial Trade Inspection inspector, as referred to in Art. 36 of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148 with further amendments), to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller.

c. The Customer can acquire free aid according settlement of disputes between the Customer and the Seller using the free assistance of district (municipal) consumer ombudsmen or a social organisation whose statutory tasks include customer/consumer protection (e.g. Consumer Federation, Association of Polish Consumers).

 

§ 13

Personal data in the Online Store

 

1. The Administrator of databases containing personal data provided by Customers of Online Store is the Seller.

2. Personal data of Customers, collected by the administrator through the Online Store, are collected to implement the Sale Agreement, and if the Customer agrees - also for marketing purposes.

3. Possible recipients of personal data of the Online Store’s Customers:

a. In the case of a Customer who buys in the Online Store and chooses post or courier as the way of delivery, the Administrator shall make the Customer’s collected personal data available to the selected courier or agent performing the shipments by order of the Administrator.

In the case of a Customer who chooses electronic payment or card payment when using the Online Store, the Administrator makes the Customer’s collected personal data available to the selected agent handling the above payments in the Online Store.

4. Data on the payment card, bank account number, are not known to the Seller. Authorization of electronic payment forms takes place on the side of the payment operator.

5. The Customer has the right to access the contents of his/her personal data and to correct them.

6. Providing personal data is voluntary, but failure to provide the personal data required in the Online Store Regulations to conclude and execute the Sales Agreement results in the inability to conclude this Agreement.

 

§ 14

Final provisions

 

1. Agreements concluded by the Online Store are concluded in the Polish language.

2. The Seller reserves the right to amend the Regulations for important reasons such as: the change in the law; changes in methods of payment and delivery - the extent to which these changes affect implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

3. In cases not provided in this Agreement, the provisions of the Polish law apply, in particular: Civil Code; Act on electronic services, Act on consumer rights, Act on personal data protection.

4. Customer has the right to use out of court procedures for dealing with complaints and claims. For this purpose, the Customer can submit complaint via the European ODR platform available at: http://ec.europa.eu/consumers/odr/.

5. The content of www.motoremo.pl was created by the site owner or persons cooperating with him. The rights to materials contained in the store belong to MotoRemo Spółka z ograniczoną odpowiedzialnością Sp.k. and can not be used by third parties, also as page elements. Copying and dissemination of the webiste content without written permission is prohibited.