Regulations

 

1. The store www.garda-moto.com operates under the terms of these Regulations.
2. The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.garda-moto.com, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
3. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store www.garda-moto.com, is obliged to comply with the provisions of these Regulations.
4. In matters not covered by these Regulations, the regulations shall apply:
   • Law on the Provision of Electronic Services of July 18, 2002,
   • Law on Consumer Rights of May 30, 2014,
   • Law on extrajudicial resolution of consumer disputes of September 23, 2016,
   • Civil Code Act of April 23, 1964.
   • and other relevant provisions of Polish law.

 

1. REGULATIONS – these regulations of the Store.
2. SHOP – Service Provider’s online store operating at www.garda-moto.com
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
4. CONTACT FORM – a form available on the website www.garda-moto.com that allows you to send a message to the Service Provider.
5. REGISTRATION FORM – a form available on the website www.garda-moto.com that allows you to create an Account.
6. ACCOUNT – a set of resources in the Service Provider’s ICT system, marked with an individual name (login) and password, in which the Customer’s data is collected, including information about the Orders placed.
7. ORDER FORM – a form available on the website www.garda-moto.com allowing to place an Order.
8. OPINION SYSTEM – Electronic Service made available to Customers by the Service Provider, allowing them to post opinions on Products.
9. NEWSLETTER – Electronic Service allowing the Customer to subscribe to and receive at the e-mail address provided by the Customer free information from the Seller concerning Products available in the Store.
10. SELLER, SERVICE PROVIDER – Kornel Eberhardt conducting business activity under the name REES KORNEL EBERHARDT entered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, place of business and address for delivery: ul. Nowa 39, 42-240 Koscielec, NIP: 9492217370, REGON: 367177607, electronic mail address (e-mail): shop@garda-moto.com, telephone number: +48 504 705 650.
11. USER – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
12. CUSTOMER – a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
13. CONSUMER – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
14. ENTERPRISE – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
15. PRODUCT – a movable item available in the Store or a service, which is the subject of a Sales Agreement between the Customer and the Seller.
16. SALE AGREEMENT – Agreement for the sale of a Product concluded between the Customer and the Seller through the Store.
17. ORDER – the Customer’s statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
18. PRICE – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.

 

1. Store www.garda-moto.com sells Products via the Internet.
2. Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. The Customer, by placing an Order, makes an offer to purchase a specific Product under the conditions stated in its description.
4. The Product price shown on the Store’s website is given in Polish zloty (PLN) and includes all components including VAT. The price does not include delivery costs.
5. The price of the Product shown on the Store’s website is binding at the time the Customer places the Order. This price will not change regardless of changes in Store prices that may occur for individual Products after the Customer places an Order.
6. The Seller clearly informs Customers about Unit Prices and promotions and price reductions of Products. In addition to the information about the reduction of the Product, the Seller shall make visible the lowest Price of this Product that was in effect during the period of 30 days before the introduction of the reduction, and if the Product is offered for sale for less than 30 days – the Seller shall make visible the lowest Price of the Product that was in effect during the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction.
7. Orders can be placed:
   • through the website using the Order Form (Shop www.garda-moto.com) – 24 hours a day, all year round,
   • via email to: shop@garda-moto.com
8. In order to place an Order, the Customer is not required to register an Account with the Store.
9. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
10. Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order they are received until the stock of the Product is exhausted.
11. Products sold through the Store are not approved.
12. Before purchasing a Product, the Customer is obliged to familiarize himself with the regulations on the permissibility of using Products without approval in his country of residence.

 

1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller in accordance with § 3 item 7 and 9 of the Regulations.
2. Once the Order is placed, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail.
4. Confirmation of receipt of the Order includes:
   • Confirmation of all essential elements of the Order,
   • withdrawal form,
   • these Terms and Conditions, including instructions on the right to withdraw from the contract.
5. As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
6. Each Sales Contract will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

 

1. The seller provides the following payment methods:
   • payment by traditional transfer to the Seller’s bank account,
   • payment through an electronic payment system (PayPal.com, TPay.pl),
   • payment on delivery at the supplier ie. for the so-called. COD.
2. In case of payment by traditional bank transfer, the payment should be made to the bank account number: 73 1090 1795 0000 0001 5268 9598 (Santander Bank Polska S.A.) REES KORNEL EBERHARDT, ul. Nowa 39, 42-240 Koscielec, NIP: 9492217370. Please write “Order No. …” in the title of the transfer.
3. In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish and foreign banks.
4. In the case of payment on delivery, the shipment is sent after verification of the correctness of address data. The customer is obliged to pay for the Order and collect the Product from the supplier.
5. The Customer is obliged to pay the price of the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6. In the case of selection of payments described in paragraphs 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment.

 

1. Delivery costs of the Product, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.
2. The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
   • The time of completion of the Products is from 1 to 20 working days from the moment:
3. posting of funds paid under the Sales Agreement on the Seller’s account
4. or positive authorization of the transaction by the electronic payment system
5. or acceptance of the Order for execution by the Seller in case of selection of payment on delivery,
   • delivery of Products that are movable items by the carrier shall take place within the time declared by the carrier, i.e. From 1 to 10 working days from the moment of shipment (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
6. Products purchased from the Store are shipped via courier service.

 

1. The basis and scope of the Seller’s liability to the Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions for non-compliance of the Product with the contract are set forth in the Consumer Rights Act of May 30, 2014.
2. The basis and scope of the Seller’s liability to the Customer who is an Entrepreneur referred to in § 9 under warranty are set forth in the Civil Code Act of April 23, 1964.
3. The Seller is responsible to the Customer who is a Consumer or an entity referred to in § 10 of the Regulations for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and disclosed within 2 years from that time, unless the expiration date of the Product specified by the Seller or persons acting on its behalf is longer.
4. Notification of the Product’s non-conformity with the contract and submission of the corresponding request can be made via e-mail to: shop@garda-moto.com or in writing to the address: Nowa 39, 42-240 Koscielec.
5. In the above written or electronic message, as much information and circumstances regarding the subject of the complaint as possible, in particular, the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.
6. For the assessment of irregularities and non-conformity of the Product with the contract, the Consumer or the entity referred to in § 10 of the Regulations are obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his expense.
7. The Seller will respond to the Customer’s request immediately, but no later than within 14 days of receipt.
8. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance.
9. A Customer who is a Consumer or an entity referred to in § 10 may first demand that the Seller replace or repair the Product. Reduction of the price and withdrawal from the contract, the customer may request only in the cases indicated in the Law on Consumer Rights of May 30, 2014. (Among other things, if the non-conformity of the goods with the contract is material, if the seller has refused to bring the goods into conformity with the contract, or if the non-conformity of the goods with the contract continues despite the fact that the seller has already tried to bring the goods into conformity with the contract).
10. In connection with a legitimate complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller accordingly:
    • covers the cost of repair or replacement and redelivery of the Product to the Customer,
    • Reduces the Price of the Product (the reduced Price must remain in the proportion of the Price of the goods in conformity with the contract to the goods not in conformity with the contract) and returns the value of the reduced Price to the Consumer or the entity referred to in § 10 no later than within 14 days from the receipt of the statement on reduction of the Price from the Consumer or the entity referred to in § 10,
    • In the case of withdrawal from the contract by the Consumer or the entity referred to in § 10 – the Seller shall return to him the Product Price no later than 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 shall immediately return the goods to the Seller at the Seller’s expense,
11. The response to the complaint is provided on paper or other durable medium, such as an email or SMS message.

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a contract remotely may withdraw from it without giving reasons by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the withdrawal statement provided by the Store.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
3. In case of withdrawal from the Sales Contract , the Product should be returned to the address Nowa 39, 42-240 Koscielec.
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 of the manner and timing of exercising the right of withdrawal, and has not provided him with a model withdrawal form. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product plus the cost of delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of the Terms and Conditions itself, the Seller may withhold reimbursement of payments received from the Consumer until it receives the goods back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.
8. The consumer or the entity referred to in § 10 of the Terms and Conditions withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract counts:
   • for the contract in the performance of which the Seller issues the Product being obliged to transfer its ownership – from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions (or a third party other than a carrier indicated by them) took possession of the Product,
   • for a contract that includes multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, its batch or part,
   • For a contract involving the regular delivery of a Product for a specified period of time – from taking possession of the first Product,
   • For other contracts – from the date of the agreement.
10. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
    • in which the object of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs,
    • in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    • in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other things,
    • for the provision of services for which the Consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance of the trader will lose the right to withdraw from the contract and accepted it,
    • in which the object of performance is goods that are perishable or have a short shelf life.
11. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party to the contract fails to perform its obligation within a strictly defined period.

 

1. This paragraph contains provisions that apply only to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as referred to in § 10 of the Regulations.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit, in relation to non-consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
4. The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer at the time the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

 

1. A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the contract he enters into with the Seller is directly related to his business activity, but from the content of this contract it is clear that it is not of a professional nature for him, arising in particular from the subject of his business activity.
2. The business person referred to in paragraph 1 of this section is covered only to the extent:
   • prohibited contractual provisions,
   • Liability for non-conformity of the Product with the contract,
   • The right to withdraw from a contract concluded at a distance,
   • rules for a digital content or digital service contract.
3. The entrepreneur referred to in item 1 of this paragraph loses his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated there.
4. Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

 

1. The Service Provider allows through the Store to use Electronic Services such as:
   • Conclusion of Product Sales Agreements,
   • maintaining an Account in the Store,
   • Opinion System,
   • Newsletter,
   • sending a message through the Contact Form.
2. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.
3. The Service Provider has the right to post advertising content on the Store’s website. This content, is an integral part of the Store and the materials presented in it.

 

1. Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
   • The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time of placing the Order or at the end of its placement by the Customer,
   • The contract for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The contract is concluded when the Customer sends the completed Registration Form,
   • The contract for the provision of Electronic Services consisting of the use of the Opinion System is concluded for a definite period of time and is terminated upon the posting of an opinion or discontinuation of the use of this Service by the Customer,
   • The agreement for the provision of Electronic Services consisting of the use of the Newsletter is concluded for an indefinite period of time,
   • The contract for the provision of Electronic Services consisting of enabling the Customer to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Customer stops sending it.
3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
   • A computer (or mobile device) with Internet access,
   • email access,
   • web browser,
   • Enabling Cookies and Javascript in your web browser.
4. The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
5. The recipient is obliged to enter data in accordance with the facts.
6. The recipient is prohibited from providing unlawful content.

 

1. Complaints related to the provision of Electronic Services through the Store may be submitted by the Customer via e-mail to the following address: shop@garda-moto.com.
2. In the above email, please provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint shall be sent to the Customer’s e-mail address provided in the complaint or by any other means provided by the Customer.

 

1. Termination of the contract for the provision of Electronic Services:
   • Agreement for the provision of Electronic Services of a continuous and unlimited nature (maintaining an Account, Newsletter) may be terminated,
   • The Customer may terminate the Agreement with immediate effect and without indicating the reasons by sending an appropriate statement via e-mail to: shop@garda-moto.com or by deleting the Account,
   • The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate deadline. The contract in such a case expires after 7 days from the date of the declaration of intent to terminate the contract (notice period),
   • termination leads to the termination of the legal relationship with future effect.
2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

 

1. All content posted on the website at www.garda-moto.com enjoys copyright protection and (subject to § 15.3 and elements posted by Service Recipients, used under license, transfer of copyrights or permitted use) is the property of Kornel Eberhardt performing business activity under the name of REES KORNEL EBERHARDT registered in the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economy, place of business and address for delivery: ul. Nowa 39, 42-240 Koscielec, NIP: 9492217370, REGON: 367177607. The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of www.garda-moto.com without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.garda-moto.com constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Store’s website at www.garda-moto.com belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.garda-moto.com are used for informational purposes.

 

1. These Regulations are governed by Polish law. However, the choice of law does not deprive Consumers entering into a contract in accordance with these Regulations of their rights under the mandatory provisions of the law of the country of their permanent residence.
2. In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Customers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Law on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction in accordance with Section 4 of this paragraph.
4. Judicial settlement of disputes:
   • Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964,
   • Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer, referred to in § 9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.
6. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.