Terms and conditions of use

The Regulations define the general terms, conditions and manner of sales by Szymon Osak, running a business under the company MANYFEST Szymon Osak, based in Olkusz, through the online shop www.manyfestbmx.pl (hereinafter referred to as the "Online Shop") and lay down the terms and conditions for the provision by Szymon Osak, running a business under the company MANYFEST Szymon Osak, based in Olkusz (32-300), of free electronic services.

 

§ Definitions
  1. Working days - mean weekdays from Monday to Friday excluding public holidays.
  2. Delivery - means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
  3. Supplier - means a courier company with which the Seller cooperates in Delivery of Products.
  4. Password - means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to Customer Account in the Online Shop.
  5. Customer - means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.
  6. Consumer - means a natural person making a legal action not directly related to his or her trade or profession.
  7. Customer Account - means an individual panel for each Customer, established by the Seller after Customer registration.
  8. Login - means individual Customer identification, established by the Customer, consisting of a sequence of letters, digits or other characters, required together with the Password to establish a Customer Account in the Online Shop. Login is a relevant e-mail address of the Customer.
  9. Entrepreneur - means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession.
  10. Regulations - mean these regulations of the Online Shop.
  11. Registration - means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.
  12. Seller - means Szymon Osak running a business under the company MANYFEST Szymon Osak, based in Olkusz (32-300), Pakuska 48 Str., TAX ID (VAT EU): PL6372080702, National Business Registry Number (REGON): 120826721; e -mail: sklep@manyfestbmx.pl, who is also an owner of the Online Shop.
  13. Shop Website - means web pages, under which the Seller runs the Online Shop, operating in the www.manyfestbmx.pl domain.
  14. Product - means a product described by the Seller via the Shop Website.
  15. The sale contract - means a contract of sale concluded by electronic means under the terms of the Regulations, by and between the Customer and the Seller.

 

§ General Terms
  1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.
  2. The Online Shop is made available by the Seller via the Internet and the Shop Website, as a resource of the ICT system.
  3. The Seller reserves the right to place on the Shop Website advertising content concerning offered Products and products and services of third parties, in forms used in the Internet.
  4. Customers or third parties are forbidden to use the Online Shop or the Shop Website for posting unsolicited commercial information.
     
§ Using the Online Shop
  1. Using the Online Shop means any activity of the Customer that results in getting acquainted with the contents of the Website Shop, subject to the provisions of § Registraction of the Regulations.
  2. The Online Shop may be used only under the principles and to the extent specified in the Regulations.
  3. The Seller shall endeavour to provide access to the Online Shop for Internet Users via all popular web browsers, operating systems, computer types and types of Internet connections. The Seller does not guarantee and shall not be responsible for ensuring that each configuration variant of electronic equipment owned by the Internet User will allow to use the Online Shop. Minimum technical requirement for using the Shop Website, subject to the preceding sentence, is a web browser with enabled Javascript and installed Adobe Flash plugin without systems locking the display of Flash objects, that accepts "cookies".
  4. To place an order in the Online Shop and to take advantage of Services available at the Shop Website, the Customer must have an active e-mail account.
  5. When using the Online Shop, the Customer shall have no right to interfere with the Shop and Shop Website content, structure, form, graphics, as well as mechanism of operation.
  6. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices, violating personal rights of third parties or the legitimate interests of the Seller.
  7. The Customer is entitled to use the resources of the Online Shop only for own personal use. The Customer is not allowed to use the resources and functions of the Online Shop to conduct commercial activity or activity that would violate Seller's interests.
  8. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above mentioned risks. In particular, they should use anti-virus programmes and programmes protecting identity of Internet users. The Seller shall never ask the Customer to provide him with access to the password in any form.

 

§ Registration
  1. To create a Customer Account, the Customer must make a Registration.
  2. The Registration is required to place orders in the Online Shop.
  3. Customer may select one of two options for Registrations:
    1. Register via the Online Shop Website, 
    2. Registration via facebook.com account.
  4. In order to register, specifed in § Registration, claws 3, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller, by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.
  5. The registration form shall be completed in accordance with the following rules:
    1. The customer must fill out all boxes in the registration form, unless the box is marked as optional,
    2. Information entered in the registration form should relate only to the Customer and should be truthful, and the Customer shall be the person responsible for the accuracy of information contained in the registration form,
    3. The Customer should get acquainted with the contents of the Regulations and confirm this fact by marking an appropriate box in the registration form,
    4. By marking an appropriate box in the registration form the Customer should express the willingness to conclude a contract for the provision by the Seller, on Customer's behalf, of electronic services of keeping the Customer Account. Customer's failure to express the willingness to conclude the contract shall prevent the Registration and establishment of the Customer Account, 
    5. The Customer must agree to the processing of personal data contained in the registration form in order to provide services on the basis of contracts concluded in accordance with the Regulations of the Law on the protection of personal data), and the Customer shall have the right to access own personal data and to correct them.
  6. Sending the completed registration form is equivalent to:
    1. acknowledgement and acceptance by the Customer of the Regulations, 
    2. authorising the Seller to process Customer personal data contained in the registration form in order to provide services of keeping the Customer Account and giving a consent for the transfer by the Seller of information related to Customer Account maintenance to the e-mail address provided by the Customer during Registration.
  7. During Registration, the Customer may consent to the processing of personal data for marketing purposes. In this case, the Seller shall clearly indicate the purpose of collecting Customer personal data, as well as data recipients, known to or anticipated by the Seller. Consent to the processing of personal data for marketing purposes takes into account the fact that:
    1. the consent is voluntary and may be revoked at any time,
    2. the Customer, that the personal data relate to, shall have the right to access and correct the personal data,
    3. entrusting the Seller with personal data takes place by ticking an appropriate box on the registration form.
  8. The consent to processing of personal data for marketing purposes shall mean, in particular, the consent to receive commercial information from the Seller or advertisers cooperating with the Seller to Customer e-mail address, specified in the registration form.
  9. After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form, Registration confirmation by the Seller. At that time the contract is concluded for the provision of electronic services of keeping the Customer Account, and the Customer shall get access to Customer Account and the right to make changes in data given during the registration, with the exception of the Login.
  10. The Customer shall use its best efforts to keep the Password confidential and not divulge it to third parties. In the event of circumstances indicating a suspicion that the Password is in the possession of an unauthorised person, the Customer shall immediately notify the Seller of this fact, using available means of communication. In this case, the Customer should immediately change the Password using appropriate functionalities within the Customer Account.
  11. The Seller shall create and implement securities against unauthorised use, reproduction or distribution of the contents on the Shop Website. If the Seller applies these securities, the Customers agree to refrain from any actions to remove or circumvent such securities or solutions.

 

§ Orders, Payments and Orders Fulfilment
  1. Information contained on the Shop Website shall not constitute an offer of the Seller.
  2. The Customer completes the order by selecting the Product that he/she is interested in by selecting the "ADD TO CART" button under the Product at the Shop Website. After the completion of the whole order and identifying in the "CART" of the manner of delivery and form of payment, the Customer shall place the order by sending an order form to the Seller. The form is submitted by activation of the relevant box in the order form. Before each shipment of ordered Products to the Seller, the Customer shall be shown the total price of selected Products and the total cost of the chosen method of Delivery.
  3. Placing an order means an offer of the Customer to the Seller to enter into a contract of sale of Products covered by the order.
  4. After the order is placed, the Seller shall send confirmation of order registration to the e-mail address provided by the Customer.
  5. After the order is placed, the Seller shall send order confirmation to the e-mail address provided by the Customer. Confirmation of the order shall mean Seller's statement of acceptance of the offer referred to in §5 ust. 3 above.
  6. In the absence of the ordered Product in the Online Shop, or inability to process the Customer's order for other reasons, including a situation when buying Products from Seller's suppliers will not be possible in the time provided for order fulfilment, the Seller shall inform the Customer by e-mail or telephone of the situation.
  7. If order fulfilment is impossible referred to in § 5 section 6 above the Seller may propose the Customer to:
    1. cancel the whole order (selection of this option by the Customer shall release the Seller from an obligation to fulfil the order),
    2. cancel the order in the part where its fulfilment is not possible within a reasonable time (selection of this option by the Customer shall release the Seller from an obligation to deliver the order to the extent in which it is not possible),
    3. divide the order and fix the time limit for order fulfilment in part, in which its delivery originally is not possible (selection of this option by the Customer results in Delivery of Products in separate shipments, and the Customer shall not incur additional Delivery costs related to the division of the order).
  8. Prices at the Shop Website given beside the Product:
    1. are gross prices (including VAT),
    2. do not contain information on the cost of Delivery, which the Customer shall receive when choosing a method of Delivery,
    3. do not contain information on possible duties if the delivery address is outside European Union.
  9. The final price binding upon the parties to the sales contract shall be the price of the Products given on the Shop Website at the time of the Customer order.
  10. Information on the total contract value shall be specified in each case in the "CART" after the Customer chooses the form of Delivery and identifies the form of payment.
  11. The Customer may choose the following forms of payment for ordered Products:
    1. bank transfer to the Seller's bank account (in this case order fulfilment shall start after the Customer ends the ordering process in the Online Shop, and the Product shall be shipped on the date of crediting the Seller's bank account);
    2. cash on collection - payment at the Seller's Office (in this case order fulfilment shall start promptly after the Customer ends the ordering process in the Online Shop, and the Product shall be released in the Seller's Office);
    3. bank transfer via an external payment system PayU, operated by PayU S.A. based in Poznań (in this case order fulfilment shall start after the Customer ends the ordering process in the Online Shop and after an information on successful completion of the payment is received from the PayU system);
  12. The Customer cannot pay for part of the order in advance, and for its part upon collection.
  13. The Customer can modify the order until receipt by e-mail confirming the information you have provided to prepare the shipment by the Seller. In particular, the changes may affect the scope of the order, cancel the whole or part of the order, change of shipment address, or change the data on the invoice. With the addition of new goods by the customer to the order which is already in progress, but before the shipment of the consignment by the Seller, it may affect the extension of term of the order. In case of cancellation of all or part of the contract if payment had been made by the Customer in advance, refund of the relevant amount by the Seller shall be made within 14 (fourteen) days from the date of the modification by the customer.
  14. The Seller may post at the Shop Website an indicative information on the number of Working Days needed to fulfil the order.
  15. Ordered Products shall be delivered to the Customer through the Supplier, to the address indicated in the order form.
  16. On the day of Products dispatch to the Customer (if Products personal collection has not been selected) the Seller shall confirm the shipment by e-mail to the Customer.
  17. The Customer must examine the delivered Product in customary time and manner for consignments of that type in the presence of the Supplier's employee.
  18. If there is loss or damage to the shipment the Customer has the right to demand a relevant report to be drawn up by the Supplier's employee.
  19. The Customer has the right to collect the ordered Products personally. They may be collected in the Seller's Office on Working Days between 12:00-19:00 hours or on Saturday between 11:00-16:00 hours in time fixed earlier by e-mail or by phone.
  20. The Seller is required to attach to the shipped Products, at the discretion of the Customer, a bill of sale or VAT invoice covering the delivered Products.
  21. In the absence of the Customer at the address indicated in the Customer's order as the Delivery address, the Supplier's employee shall leave an advice note. If the ordered Product is returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to re-fix the time and cost of the Delivery.

 

§ Complaints and Warranties
  1. The Seller is liable for Product non-conformity with the contract if such non-conformity is established by the Customer being a Consumer within 2 years from the date of Delivery. The Customer shall notify the Seller of the non-conformity within 2 months from its identification.
  2. The Seller shall address the complaint filed by the Customer within 14 (fourteen) days and shall inform the Customer about further procedure.
  3. To allow complaint examination, the Customer must send or deliver the complained Product attaching, if possible, the proof of purchase. The complained Product must be delivered or sent to the Seller's address. The Seller shall reimburse to the Customer documented shipping charges.
  4. The customer can use the complaint form provided by the Seller: Complaint form.
  5. If the complaint is accepted, the Seller shall repair the complained Product or shall replace it with a product of full value. If the replacement or repair could cause significant inconvenience to the Customer, the Seller, as requested by the Customer, shall reduce the price or shall reimburse - as a result of withdrawal from the contract by the Customer - the full payment for the complained product within 14 (fourteen) days. In case of withdrawal from the contract, the parties shall reimburse what they had provided to each other.
  6. Products sold by the Seller may be covered by the warranty of distributor or producer. The Seller does not give any warranty on any Products sold.
  7. In the case of the Products are covered by the warranty of distributor or producer, Customer may file a complaint:
    1. using the Customer rights based on Product warranty,
    2. using the Customer rights based on Product non-conformity with the contract,
  8. The Customer may file a complaint to the Seller in connection with free electronic services provided by the Seller. The complaint may be sent in electronic form to the Seller's e-mail address. The complaint must include Customer Login and description of the problem. The Seller shall examine the complaint immediately, but no later than within 14 (fourteen) days and shall answer the Customer by e-mail sent to the address specified in the complaint.

 

§ Complaints and Warranties
  1. The customer may cancel the whole order or part of order, if Products not yet been sent, through direct contact with the Seller by e-mail or phone.
  2. The Customer who is a Consumer may withdraw from the contract of sale without giving reasons, making a statement in writing within 10 (ten) days from the date of Delivery. To meet this deadline, the Customer needs to send a statement before its expiry. A model statement of withdrawal is given by the Seller on the Shop Website.
  3. In case of an effective withdrawal from the contract of sales the contract shall be deemed null and void. The Customer is obliged to return immediately the purchased Product, no later than within 14 (fourteen) days. The Product should be returned in unchanged condition, unless a change was necessary in the ordinary course of business. It may be returned, for example:
    1. directly in the Seller's Office on Working Days between 10:00-18:00 hours, or
    2. through the National Polish Post (Poczta Polska S.A.) by sending the Product to the Seller's address.
  4. If a Customer who is a Consumer has made any advance payments, he has rights to get statutory interest from the date of prepayment.
  5. Seller, in the event of withdrawal by the Consumer from the contract, immediately certify in writing to return the benefit.
     
§ Reimbursement of Payment
  1. The Seller shall reimburse payments to Customers within 14 (fourteen) days in the case of:
      2. resignation by the Customer of the order or any part of the order paid in advance (in this case a relevant part of the price shall be reimbursed);
      withdrawal from the contract by the Customer who is a Consumer according to § Complaints and Warranties of the Regulations;
      reduction of price or withdrawal from the contract in the event of acceptance of complaint pursuant to § Complaints and Warranties of the Regulations.
  2. Method of reimbursement depends on the form of the original payment to the Seller:
    1. in the case of payment "in advance" by bank transfer, the Seller shall reimburse the payment to the Customer's bank account;
    2. in the case of "cash on collection", the Seller shall reimburse the payment to the Customer's bank account or by postal order, subject to prior agreement with the Customer on the chosen reimbursement form and requesting the Customer to provide data required for a bank transfer or postal order;
    3. in the case of payment "in advance" with the use of electronic payment system PayU, the Seller shall reimburse payment to the Customer's bank account, after requesting the Customer to provide data required for a bank transfer.
  3. The Seller shall not be liable for failure of or delay in such repayment if, in spite of the request referred to in §8 section 2 above, sent by e-mail to the address given by the Customer, the latter does not provide the Seller with required data or if the response to the request is incomplete and prevents effective repayment. The Seller shall not be also liable if repayment is not made or is delayed as a result of submitting by the Customer of incorrect data required for bank transfer or postal order. In such case the repayment shall be made promptly after receiving the above mentioned data from the Customer.
     
§ Free Services
  1. The Seller renders the following free electronic services to Customers:
    1. keeping the Customer Account,
    2. Newsletter.
  2. Services specified in § Free Services section 1 above shall be provided 24 hours a day, 7 days a week.
  3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
  4. The service of Keeping the Customer Account shall be available after Registration, as described in § Registration and § Orders, Payments and Orders Fulfilment of the Regulations.
  5. The Newsletter service shall be available to each Customer who - during the Registration - will activate an appropriate box in the registration form or will enter own e-mail address, using the registration form provided by the Seller at the Shop Website. After sending the completed registration form, the Customer shall promptly receive the Seller's confirmation by e-mail, to the address provided in the registration form. At that moment the contract for the provision of electronic Newsletter services is concluded.
  6. The Newsletter service consists in sending by the Seller by electronic mail of information about new products or services offered by the Seller. The Newsletter shall be sent by the Seller to all Customers who have subscribed.
  7. Each Newsletter addressed to Customers shall include, in particular:
    1. information on the sender;
    2. filled in box "subject", specifying the content of the consignment;
    3. information on the possibilities and method of resignation of the free Newsletter service.
  8. The Customer may at any time resign of receiving the Newsletter by opting out of the subscription using a link contained in each e-mail sent under the Newsletter service, or by activating a relevant box in the Customer Account.
  9. A Customer who has registered may demand from the Seller that his/her Customer Account is deleted. In case of submission of a demand for deletion of a Customer Account to the Seller, a Customer Account shall be deleted within 14 calendar days.
  10. The Seller shall be entitled to block access to the Customer account and to free services in the event if the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on grounds of safety - in particular: overcoming by the Customer securities of the Shop Website or other hacking activities. Blocking access to the Customer Account and free services for the mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking access. The Seller shall notify the Customer of blocking access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.

 

§ Liability
  1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with Customers being Entrepreneurs the Seller shall be liable only for deliberate damage and within limits of losses actually incurred by the Customer being the Entrepreneur.
  2. The Seller shall not be liable for non-performance or improper performance of services provided by electronic means, if it is caused by third parties (in particular telecommunications operators, providers of telecommunication lines and electricity). However, the Seller shall be liable, as for its own actions or omissions, for actions or omissions of persons, with the aid of whom he provides services by electronic means, as well as persons whom it entrusts with performing such services.
  3. The Seller shall not be liable for inability or difficulty to use the Online Shop, for reasons attributable to the Customer, in particular if the Customer password is lost by the Customer or comes into possession of a third party (regardless of how). However, the Seller shall be liable, if the Customer password is lost by the Customer or comes into possession of a third party due to reasons attributable to the Seller or reasons for which the Seller is liable.
  4. The Seller shall not be liable for damages caused by actions or omissions of Customers, in particular by their use of the Online Shop in a manner inconsistent with applicable laws or the Regulations.
  5. These Regulations and mandatory laws shall be the sole source of the Seller's liabilities.

 

§ Personal Data and "Cookies"
  1. The Seller shall be an administrator of Customer personal data voluntarily provided to the Seller under the Registration and within the provision of electronic services by the Seller or in other circumstances specified in the Regulations.
  2. Personal data shall be processed by the Seller solely based on the authorisation to process data, and only in order to fulfil orders or provide electronic services by the Seller and for other purposes set out in the Regulations.
  3. The set of personal data provided to the Seller shall be reported by the Seller to the Inspector General for Personal Data Protection.
  4. Personal data delivered to the Seller are submitted freely, provided, however, that non-submission of data set out in the Regulations in the process of Registration shall prevent Registration and establishment of the Customer Account and shall prevent submission and fulfilment of the Customer order, in the case of making orders without Registration of the Customer Account.
  5. Anyone who transfers his or her personal data to the Seller shall have the right of access to their contents and the right to correct them.
  6. The Seller shall allow to remove personal data from the data set, in particular if the Customer Account is deleted. The Seller may refuse to remove personal data if the Customer fails to pay all amounts owed to the Seller or violates applicable law, and keeping the personal data is necessary to explain the circumstances and determine the liability of the Customer.
  7. The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access or use.
  8. The Seller shall not transfer, sell or lend the stored personal data to other persons or institutions, unless it happens with express consent or at the request of the Customer, in accordance with applicable law or at the request of the court, prosecutor's office, the police or other authority, in the event of a breach of the law by the Customer.
  9. With an express consent of the Customer the Seller may transfer Customer personal data, to the extent necessary for the implementation of the sales contract, to PayU S.A. company, based in Poznań, if the Customer has selected payment by PayU payment system.
  10. The Seller reserves the right to disclose to companies and Internet services cooperating with him aggregate statistical summaries related to Customers. Such summaries relate to ratings of the Shop Website and do not contain Customer personal data.
  11. The Seller applies a mechanism of "cookies", which - when the Customers use the Shop Websites - are stored by the Seller's server on a hard disk of Customer's terminal device.
  12. The use of "cookies" is aimed to ensure correct operation of the Shop Website at Customer 's terminal devices. This mechanism does not destroy the Customer's terminal device and does not change configuration of the Customer's terminal devices or software installed thereon. "Cookies" are not intended to identify Customers.
  13. The Seller applies the mechanism of "cookies":
    1. to store information on Customers' terminal devices,
    2. to review and develop its offer,
    3. for statistical reasons.
  14. Each Customer can turn off the "cookies" in the browser of his/her terminal device. The Seller informs, however, that exclusion of "cookies" may cause inconvenience or prevent the use of the Shop Website.

 

§ Termination of the Contract (does not apply to orders / sales contracts)
  1. Either Party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to maintenance of rights acquired by the other Party before termination of the above mentioned contract and the provisions below.
  2. The Customer who has registered, may terminate the contract for the provision of electronic services by demanding the Seller to remove the Customer Account, using any means of distance communication, allowing the Seller to get acquainted with the Customer's declaration of intent.
  3. The Seller may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration.
     
§ Final Provisions and Amendment of the Regulations
  1. The Regulations shall come into force on the date of publication on the Shop Website and shall replace earlier valid regulations of the Online Shop.
  2. The content of these Regulations may be recorded by printing, copying to a storage device or downloaded at any time from the Shop Website.
  3. The Regulations may be modified. The Seller shall inform each Customer of the amendment to the Regulations, by placing at the home page of the Online Shop an information about changes to the Regulations, containing a summary of changes and by keeping the information on the home page of the Shop for a period of at least 7 (seven) consecutive working days, and the Customers with Customer Account shall be additionally informed by the Seller by e-mail sent to the address indicated by them in the registration form with information including a summary of changes to the Regulations.
  4. Notification of amendments to the Regulations, as set out above, shall be posted not later than 7 (seven) Working Days prior to introduction of the revised Regulations. If the Customer with Customer Account does not accept new Regulations, he/she shall be obliged to notify this fact to the Seller within 7 (seven) days from the date of notification of amendments to the Regulations. Lack of acceptance shall result in termination of the contract in accordance with § Termination of the Contract .
  5. All orders accepted by the Shop prior to amendment of the Regulations shall be delivered based on the regulations in force at the date of placing the order by the Customer.
  6. In the event of a dispute related to the sale contract, the parties shall seek to resolve the matter amicably. The Polish law shall be applicable to settlement of any disputes arising under these Regulations.
  7. The Regulations shall come into force on 01.01.2015.
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