TERMS OF SERVICE OF THECLIMB.PL SHOP
§ 1 GENERAL PROVISIONS
1. www.theclimb.pl (hereinafter referred to as the “Shop”) is an online shop owned by: Marcel Gawczyński conducting business under the name Neso Marcel Gawczyński with registered office at: ul. Wandy 5, 53-320 Wrocław, Poland with NIP number 6972116495, REGON number 364424301, hereinafter referred to as “Seller”.
2. The Shop conducts mail-order sales of products related to road cycling.
3. Information about the Products placed on the pages of the Shop do not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers.
4. The services of the Store may be used by individuals over 18 years of age (or with the consent of their guardians) and business entities.
5. Personal data registered in the online shop are collected and processed solely for the purpose of carrying out the activities of the shop, in accordance with all requirements contained in the Act of August 29, 1997 (Journal of Laws 1997 No. 133, item 833) on the protection of personal data.
§ 2 REGISTRATION
1. The Site may be freely browsed by users. 2.
2. Registration on the Site is voluntary and free of charge.
3. Fields that are mandatory for registration are marked with an asterisk.
4. Acceptance of these Terms and Conditions is also a necessary part of registration.
5. Upon successful registration, the User will receive a confirmation of successful registration.
§ 3 PRESENTATION OF GOODS
1. Products and prices presented on the website of the Store do not constitute a commercial offer within the meaning of Article 61 of the Civil Code, they are only an invitation to submit requests for proposals and an invitation to negotiate within the meaning of Article 71 of the Civil Code. The prices listed are subject to change at any time, in particular due to changes in exchange rates or changes in producer prices. In the event of such a situation, the customer who submitted an enquiry will be immediately informed of such a change.
2. The shop will make every effort to ensure that the data and products published in it are free from errors. Erroneous data not affecting the appearance and quality of the product (manufacturer’s markings, etc.) do not constitute grounds for any claims by the Customer.
3. In the case of inconsistency of the goods received with the photo or description, the Customer is obliged to inform the staff of the Store within three working days of receipt of the goods.
4. The prices of goods presented on the Store’s website are given in Euro. These prices do not include shipping costs.
5. The product price is valid at the time of placing the order by the Customer. The shop reserves the right to change prices of goods on offer, as well as to introduce new goods, remove goods, carry out and cancel promotions and make changes to promotions.
6. Product images may differ slightly from actual product features.
7. All data, descriptions and images presented in the Store are its property within the meaning of the intellectual property law, and thus may not be copied, distributed and used for commercial purposes or presentation on other websites without the consent of the owner of the Store.
8. Promotions and discounts are not combined in the Store.
§ 4 ORDERING PRODUCTS
1. Orders may be made by registered users (who have carried out the registration procedure in accordance with par. 2 of these Regulations) and non-registered users. Order delivery times depend on the COMPANY’s courier partners; the maximum delivery time is 5 working days + shipping time. The shipping options may be changed by the COMPANY at any time and are set out in these Terms and Conditions – this does not apply only to a given Customer in a situation where that Customer has already placed an order on the Site.
2. An order is placed if the Customer correctly fills in the order form in his/her profile on the Site and correctly enters his/her contact details including the exact address to which the goods are to be sent and the telephone number and e-mail address. In the order, the Customer makes:
– select the goods or goods to be ordered;
– choose the method of payment;
– indicate the delivery address.
3. After the Customer has entered all the necessary data, a summary of the order placed will be displayed, which will include information on:
– the subject of the order;
– the unit and total price of the ordered goods, including the cost of delivery;
– the selected payment method;
– delivery time.
4. In order to effectively place an order, it is necessary for the Customer to accept the content of the Terms and Conditions, provide personal data marked in the order form as mandatory and click the “I buy and pay” button.
§ 5 DELIVERY
1. The shop allows you to choose from the following delivery methods:
– DHL courier,
2. Detailed costs and dates of delivery are specified in the DELIVERY tab.
3. Before accepting the parcel from the courier, the Customer should check whether the package has not been damaged during transport, and in case of any damage – refuse to accept the package, draw up a damage report in the presence of the courier and contact the Seller.
§ 6 PAYMENT
1. The shop provides the following payment methods:
– credit card
– Google Pay
– Apple Pay
2. In the event of the need to refund funds for a transaction made by the customer with a payment card, the seller will refund the funds to the bank account assigned to the payment card of the Customer.
§ 7 ORDER PROCESSING
1. If the customer chooses a method of payment by bank transfer or electronic transfer, the order processing time is counted from the date of crediting the funds to the account of the Store.
2. The Seller for each product offered by the Store determines the estimated order lead time expressed in business days. The Seller sends the ordered Product no later than the last day of the estimated lead time, counting from the date of confirmation of acceptance of the order for processing.
3. If the order includes several Products with different lead times, the longest estimated lead time shall be taken into account when calculating the latest shipment date referred to in par. 1.
§ 8 RIGHT OF WITHDRAWAL
1. The Customer, being a consumer within the meaning of Article 221 of the Civil Code, has the right – pursuant to the provisions of the law – to withdraw from a contract concluded at a distance, without giving any reason, making a statement in writing, within 14 days and sending it to the address of the Owner of the Store given in these Regulations.
2. The 14-day period shall be counted from the day on which the Goods were delivered to the Customer.
3. The consumer’s right of withdrawal is excluded in the case of:
– goods which go beyond the standard offer of the shop, which are prepared for the customer’s special order and tailored to his/her individual needs;-
– services which, due to their nature, cannot be returned or which are perishable.
4. In the case of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within 14 days. The purchased goods should be returned to the following address:
MAGPACK (Eco Service Sp. z o.o.)
5 Atramentowa street
55-040 Bielany Wrocławskie 5.
Poland
5. However, the Goods returned by the Customer must be undamaged, undamaged, clean and complete (including packaging). The returned Goods must also be accompanied by the proof of purchase. In addition, the Goods should be packaged in a suitable manner to ensure that the parcel is not damaged in transit.
6. The cost of packaging and returning the Goods shall be borne by the Customer.
§ 9 COMPLAINTS/VENDOR LIABILITY FOR DEFECTS
1. As the items in the shop are second-hand or outlet items, we do not offer a guarantee. If the ordered goods are defective or have a hidden defect (not described), so that the product is not full-value, please contact us immediately by phone or e-mail.
2. If the Product is found to be not in conformity with the contract, the Customer should:
– submit a declaration to the Seller containing:
description to what extent the Product is not in conformity with the contract (e.g. indication of a defect),
specification of the Customer’s claim (request for replacement or free-of-charge repair of the Product),
details enabling contact with the Customer;
– send the Product back at his own expense to the Seller’s address. 3.
3. The Customer may use the form of complaint provided by the Seller.
4. The Seller responds to the complaint within 14 days of receipt of the Customer’s statement.
5. The Seller is liable for non-compliance of the Product with the contract only if it is found before the expiry of two years from the release of the Product to the Customer.
6. In the absence of the ordered defective Product, the Seller informs the Customer about it by e-mail or telephone. At the Customer’s choice, the amount paid is returned to the Customer’s bank account or another Product of the same price chosen by the Customer is sent.
7. A Customer who is not a consumer may complain about a defective Product in accordance with the provisions of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
§ 10 FINAL PROVISIONS
1. Any disputes arising between the Owner of the Store and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the courts of competent jurisdiction in accordance with the provisions of the Civil Procedure Code.
2. Settlement of any disputes arising between the Store Owner and a Customer who is not a consumer within the meaning of Article 221 of the Civil Code, is subject to the competent court for the registered office of the Store Owner.
3. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Provision of Electronic Services and other relevant provisions of Polish law shall apply.
