Terms and conditions
TERMS AND CONDITIONS OF THE OVIVOBIKES.COM ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS, AND TERM OF DELIVERY AND RECEIPT OF THE PRODUCT
- PRODUCT COMPLAINT
- PROVISIONS CONCERNING ENTREPRENEURS – RETURN OF GOODS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at ovivobikes.com takes the protection of personal data very seriously, which is processed in a transparent and lawful manner. The email address for contact regarding the terms and conditions and personal data processing is: info@ovivobikes.com
1.2. These Terms and Conditions are directed exclusively to customers and entrepreneurs using the Online Store.
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is OVIVO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (OVIVO LIMITED LIABILITY COMPANY) ul. MARCINA KASPRZAKA, no. 29, loc. 942, place WARSAW, postal code 01-234, post WARSAW, country POLAND, REGON: 529708034, NIP: 5273131117, KRS Number: 0001128521. Personal data is processed for the purposes, to the extent, and based on the principles indicated in the privacy policy published on the Online Store’s website. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access its content and the right to update and correct it.
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural person conducting registered business activity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – who has a registered account in the Online Store or has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent newsletter editions containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
1.4.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.10. ONLINE STORE – The service Provider’s online store is available at: www.ovivobikes.com.
1.4.11. SELLER; SERVICE PROVIDER – OVIVO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (OVIVO LIMITED LIABILITY COMPANY) ul. MARCINA KASPRZAKA, no. 29, loc. 942, place WARSAW, postal code 01-234, post WARSAW, country POLAND, REGON: 529708034, NIP: 5273131117, KRS Number: 0001128521.
1.4.12. SALES AGREEMENT – a product sales agreement concluded or to be concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person conducting registered business activity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – who has a registered account in the Online Store using or intending to use the Electronic Service.
1.4.15. ORDER – a declaration of will of the Client submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.4.16. SALES REPRESENTATIVE – a person assigned to serve a given Client, assigned in the final stage after creating an Account.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form, Account, and Newsletter.
2.1.1. Account – using the Account is possible after completing three consecutive steps by the Service Recipient – (1) providing a valid email address, (2) clicking the “Register” field, and (3) filling in the delivery address, billing address, and contact details. The password and username will be automatically sent to the email address provided during registration. In the next 24-48 hours, a price list will be attached and a Sales Representative will be assigned, about which the Service Recipient will be informed at the email address provided during registration.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: info@ovivobikes.com.
2.1.2. Order Form – using the Order Form starts from the moment the Client adds the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Client completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “Buy and Pay” field on the Online Store website after filling in the Order Form – until this moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Client to provide the following data regarding the Client: name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, NIP number, and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), payment method.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it.
2.1.3. Newsletter – using the Newsletter follows after providing in the “Newsletter” tab visible on the Online Store website the email address to which subsequent editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – at the moment of creating the Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by clicking on the “unsubscribe” link in the received email or sending an appropriate request to the Service Provider, in particular via email to: info@ovivobikes.com.
2.2. Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the ability to save Cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Terms and Conditions) can be submitted by the Service Recipient, for example:
2.4.2. via the contact form on the website www.ovivobikes.com/contact;
2.4.3. in electronic form via email to: info@ovivobikes.com;
2.4.4. It is recommended that the Service Recipient provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular,r the type and date of occurrence of the irregularity; (2) the Service Recipient’s request; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider’s response to the complaint takes place immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The Product price shown on the Online Store website is given in Polish zlotys. The Client is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery, and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store website during placing the Order, including at the moment when the Client expresses the will to be bound by the Sales Agreement.
3.3. Procedure for concluding the Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Client an appropriate e-mail message to the email address provided during the Order placement, which contains at least the Seller’s statements on receiving the Order and accepting it for execution and confirmation of concluding the Sales Agreement. Upon receipt of the above e-mail message by the Client, the Sales Agreement is concluded between the Client and the Seller.
3.4. Recording, securing, and making available to the Client the content of the concluded Sales Agreement takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Client the e-mail message referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Client with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery payment upon receipt of the shipment.
4.1.2. Bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and credit card payments Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro via PAY PAL or PAYU service – possible current payment methods are specified on the Online Store website in the information tab concerning payment methods and on the website.
4.1.5.1. Electronic payment and credit card transaction settlements are carried out in accordance with the Client’s choice via the PAY PAL or PAYU service.
4.1.6 In the case of the client choosing the method of payment by transfer or credit card, the order fulfillment time is counted from the day the Seller’s bank account or settlement account is credited.
4.2. Payment deadline:
4.2.1. If the Client chooses to pay by bank transfer, electronic payment, or credit card payment, the Client is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. If the Client chooses cash on delivery payment upon receipt of the shipment, the Client is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS, AND TERM OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland, Germany, Czech Republic, Slovakia, Belgium, Netherlands, Denmark, Austria, Italy, Portugal, Spain, France, Sweden, and Finland.
5.2. Product delivery to the Client is payable unless the Sales Agreement provides otherwise. The costs of Product delivery (including transport, delivery, and postal services) are indicated to the Client on the Online Store website in the information tab concerning delivery costs and during the Order placement, including at the moment when the Client expresses the will to be bound by the Sales Agreement.
5.3. The Seller provides the Client with the following methods of delivery or collection of the Product:
5.4.1. Courier shipment, cash on delivery courier shipment.
5.4.2 International courier shipment.
5.5. The delivery time of the Product to the Client is up to 14 Business Days unless a shorter term is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified term, which, however, may not exceed 14 Business Days. The start of the Product delivery time to the Client is calculated as follows:
5.5.1. In the case of the Client choosing the method of payment by bank transfer, electronic payments, or credit card – from the day the Seller’s bank account or settlement account is credited.
5.5.2. In the case of the Client choosing the cash-on-delivery payment method – from the date of concluding the Sales Agreement.
5.5.3. In the case of the client choosing the method of payment by transfer or credit card, the order fulfillment time is counted from the day the Seller’s bank account or settlement account is credited.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller’s liability towards the Client, if the sold Product has a physical or legal defect (warranty) are specified by generally applicable law provisions, in particular in the Civil Code (Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver the Product to the Client without defects. Detailed information regarding the Seller’s liability for Product defects and the Client’s rights is specified on the Online Store website in the information tab concerning complaints.
6.3. A complaint can be submitted by the Client, for example:
6.3.1. via the contact form on the website www.ovivobikes.com/contact
6.3.2. in electronic form via email to: service@ovivobikes.com;
6.4. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Client’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Client being a consumer has requested replacement of the item or removal of the defect or has submitted a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was justified.
6.6. The Client who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller’s expense to the address indicated by the Seller in email or telephone correspondence. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the place where the Product is located.
7. PROVISIONS CONCERNING ENTREPRENEURS – RETURN OF GOODS
7.1. This point of the Terms and Conditions and the provisions contained therein apply only to Clients and Service Recipients who are not consumers.
7.2 The Seller allows the Client to return or exchange the goods within a year from the issuance of the sales document, the necessary condition to accept such a return/exchange is the impeccable condition of the packaging and the Product itself, i.e., no price tags, inscriptions, traces of flooding or tears on the packaging, traces of assembly/use of the Product and originally closed packaging with a seal, if it had one.
7.3. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Client who is not a consumer in relation to the Seller.
7.4. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
7.5. Upon the Seller’s release of the Product to the carrier, the benefits, and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. The Seller in this case is not responsible for the loss, decrease in quantity, or damage to the Product arising from its acceptance for transport until its delivery to the Client and for delays in the transport of the shipment.
7.6. In the event of sending the Product to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in the time and manner adopted for shipments of this type. If they find that during transport there was a loss or damage to the Product, they are obliged to perform all actions necessary to determine the carrier’s liability.
7.7. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Client who is not a consumer is excluded.
7.8. In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Service with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
7.9. The liability of the Service Provider/Seller in relation to the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable in relation to the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits in relation to the Service Recipient/Client who is not a consumer.
7.10. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
8. FINAL PROVISIONS
8.1. Agreements concluded through the Online Store are concluded in English, Italian, and Polish.
8.2. Amendment of the Terms and Conditions:
8.2.1. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
8.2.2. In the case of concluding ongoing agreements on the basis of these Terms and Conditions (e.g., provision of Electronic Service – Newsletter), the amended terms and conditions bind the Service Recipient if the requirements specified in art. 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of notification.
8.2.3. In the case of concluding agreements of a different nature than continuous agreements based on these Terms and Conditions (e.g., Sales Agreement), changes to the terms and conditions will in no way violate the rights acquired by Service Recipients/Clients before the date of entry into force of amendments to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed.
8.3. These Terms and Conditions do not exclude the provisions in force in the country of habitual residence of the consumer concluding the agreement with the Service Provider/Seller, which cannot be excluded by the agreement. The Service Provider/Seller guarantees in such a case to the consumer the protection granted to them on the basis of provisions that cannot be excluded by agreement.
8.4. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code and all relevant provisions of generally applicable law.