REGULATIONS OF THE ONLINE STORE “TROFEO. Cycling “

1. General provisions

1. These regulations, hereinafter referred to as “Regulations”, define the rules of using the online store, located at the URL https://trofeocycling.pl/, hereinafter referred to as the “Store”.
2. The shop is run by the Akademickie Inkubatory Przedsiębiorczości Foundation with headquarters: 00-672 Warsaw, ul. Piękna 68, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000199402, NIP number 524-24-95-143, as part of StartUp TROFEO. Cycling conducted by Mikołaj Jakimowicz as part of the AIP Program, hereinafter referred to as the “Administrator”.
3. Store address and contact details: internet address – https://trofeocycling.pl/ e-mail – , telephone: 699 71 21 91 correspondence address – ul. Meander 15, 02-791 Warsaw,
4. Information on the scope of personal data processing by the Store (“Privacy Policy”) and the scope of the use of cookies (“Cookies Policy”) can be found at the URL: https://trofeocycling.pl/polityka-prywatnosci/
5. Before starting the use of the Store, each person should read its Regulations. Making purchases in the Store requires the Customer to have an active and functional e-mail account.

2. Definitions

Użyte w Regulaminie pojęcia oznaczają odpowiednio:

1. Store – an online store operating at https://trofeocycling.pl/, selling products at a distance.
2. Customer – each entity purchasing in the Online Store in accordance with the content of the Regulations, including the Consumer and the Entrepreneur.
3. User – any entity using the Internet that enters the Store’s website.
4. Customer Account – a field containing data on transactions carried out and an instrument used to execute orders placed by the Customer.
5. Newsletter – a service provided by the Online Store to Users who have agreed to receive the Newsletter for them, consisting in sending such Users any information about the operation of the Online Store, after the User voluntarily provides an e-mail address, name and surname.
6. Consumer – a natural person performing a legal transaction with an entrepreneur not related directly to his business or professional activity.
7. Entrepreneur – a natural person, legal person or entity without legal personality, performing a legal transaction on its own behalf as part of business activity or professional, including those making purchases in the Store for purposes related directly to their business activity, when the use of the Store, including making purchases in the Store, is for that person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register of Information on Economic Activity.
8. Entrepreneur-Consumer – a natural person, including making purchases in the Store for purposes related directly to their business activity, when using the Store, including making purchases in the Store, does not constitute a professional nature for that person, resulting in particular from the subject of the business , made available on the basis of the provisions on the Central Register of Information on Economic Activity.
9. Working days – days of the week from Monday to Friday, except public holidays.
10. Regulations – this document specifying the terms and conditions of using the Online Store and purchasing products therein. Registration – voluntary provision of data by the Store’s Customer consisting in completing the form available on the pages of this Store.

3. Types and scope of the Store’s activity

1. Through the Store, the range of cycling clothing and accessories is sold remotely via the Internet.
2. The offered items are brand new.

4. Technical requirements

1. For the proper and uninterrupted use of the Store, the Customer’s station / terminal device should meet the following minimum technical requirements:

• active internet connection

• enabled acceptance of cookies and Java Scripts
• active e-mail address

2. The store is not obliged to provide the above devices and / or software.
3. The installation of the software referred to in paragraphs 1 and 2 is the subject of a separate license agreement between the Customer and the licensor.
4. The store’s website is responsive. It adjusts itself to the screen resolution.
5. The website of the store works on the following web browsers: Chrome, Firefox and Explorer, Safari.
6. The maximum screen width on which the page displays correctly is 2600px.

5. Purchasing rules

1. The store, before confirming the purchase, provides the customer with the following information:

• a detailed description of a given product and its features;
• the total price of the ordered products including taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the selected delivery option;
  • regarding the method and date of payment;
• regarding the method and date of performance by the entrepreneur.

2. The purchase of the Product requires registration in the Store.
3. Placing an order is done using the form available on the website of the store https://trofeocycling.pl/ available after pressing the button – “I order with the obligation to pay” under / next to the description of the product, or in the summary of the shopping list / basket, in which the customer provides the following data:

• Name and surname or company name
• E-mail adress
• Phone number
• PESEL or NIP number (for invoice)
• Address data for shipping

4. The customer places an order after reading the information specified in the Store Regulations and the information indicated in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the “Order with payment obligation” button. After reading the collected information specified for a given Customer’s order, the Customer expresses the will to be bound by the contract by pressing the “Order with payment obligation” button.
5. All prices on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.
6. The store undertakes to deliver items free from defects.
7. The order is considered accepted for execution after the Store confirms the order placed by the Customer.

• Confirmation of the order is sent automatically after placing the order by the customer;
• Sklep może wstrzymać przyjęcie zamówienia w sytuacji podjęcia wątpliwości co do prawdziwości bądź rzetelności wskazanych przez Klienta danych w formularzu rejestracyjnym. W takim przypadku Sklep niezwłocznie skontaktuje się z Klientem w celu wyjaśnienia przedmiotowych wątpliwości.
• In the event of unavailability of some of the products covered by the order, the customer is immediately informed about it. The customer decides whether the order is to be partially or completely canceled.

8. The Customer and the Store are bound by the Product price in force at the time the order is placed.
9. The following payment methods are honored in the Store:

• electronic payment system: BLIK, DotPay, PayPal
• ordinary money transfer to the AIP TROFEO bank account. Cycling mBank 98114010100000515853002920

10. The deadline for making the payment is 7 business days from the date of receipt of the order to be processed by the store.
11. The contract is considered concluded when the payment is made by the Customer, after prior confirmation of the order being accepted for execution.
12. The ordered goods are shipped within 24 hours to 30 business days from the payment of the amount due for the product in the event of payment in advance.
13. Shipments are sent via a courier company or to InPost parcel lockers. Shipping costs are specified in the FAQ Information tab. The cost of foreign shipments is determined individually with the customer – depending on the destination place of delivery.
14. In the case of ordering several pieces of goods, the goods are generally packed collectively into one shipment, unless, when choosing the delivery method, the Customer indicates a different method of packaging and selects separate delivery options for each product.
15. The customer will be notified by e-mail about sending the goods. When choosing a courier parcel, the Customer will receive a parcel number by e-mail, through which the parcel can be tracked on the operator’s website.
16. The maximum delivery date according to the Consumer Rights Act is 30 days. If the deadline indicated in the preceding sentence is exceeded, the Consumer has the right to appoint additional time for the seller. If the goods are still not delivered, the Customer may withdraw from the contract.
17. If the goods are to be sent by the Store to a Customer who is a consumer or an Entrepreneur-Consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The delivery of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
18. Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
19. Wraz z Produktem wysyłany jest paragon potwierdzający dokonanie zakupu. Na życzenie Klienta wystawiana jest faktura VAT. Klient zobowiązany jest do podania pełnych danych niezbędnych do prawidłowego wystawienia faktury VAT:

• Name and surname / company,
• Address of residence / seat,
• NIP number (for companies), PESEL number (natural persons),
• Order number,
• Address for correspondence Each registering and / or ordering Customer agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.

20. Other information on the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and the Administrator’s partners promoting products, will be sent only to those Customers who have consented to it.

6. Complaints – rights for the Consumer and the Entrepreneur-Consumer

1. In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of June 24, 2014).
2. The Store is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:

• does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
• does not have properties that the Store has provided to the Customer, including presenting a sample or pattern;
• it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;
• was delivered to the Client incomplete.

3. Complaints regarding the ordered goods may be submitted by e-mail to the address or by registered mail to the address: ul. Meander 15, 02-791 Warsaw. To facilitate the submission of complaints, an exemplary complaint form has been provided at the URL https://trofeocycling.pl/formularz-odstapienia-od-umowy/. The use of this form is optional.
4. When submitting a complaint, please provide the following data:

• Client’s first and last name,
• address,
• data allowing for the identification of sales (e.g. login, order number, transaction date),
• the subject and the reason for the complaint,
• contact details.

5. When specifying the manner of fulfilling the Store’s obligations in the scope of the reported complaint regarding the occurrence of physical or legal defects of the item, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with a free one. from defects or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
6. If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to the manner of proposed by the Store. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
7. The reduced price should be in such proportion to the price resulting from the contract in which the value of the defective item is to the value of the item without a defect.
8. The customer may not withdraw from the contract if the defect is irrelevant.
9. Complaints submitted by the customer will be considered within 14 days of their notification. Failure to make a declaration within this period shall be deemed recognition of the claims submitted by the Customer.
10. The customer will be notified of the resolution of the complaint by the same way as the complaint was sent, unless the customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.
11. In the event of a positive settlement of the complaint, the Store sends the Customer a product free from defects or with a defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons specified in sec. 5 and 6, the Store according to an alternative request submitted by the Customer – will reduce the price or return the equivalent of the product price, increased by shipping costs.
12. The right to the warranty is excluded for customers purchasing as Entrepreneurs.
13. The provisions regarding the Consumer contained in this paragraph apply to the Entrepreneur-Consumer
14. Any provision of the Regulations does not exclude or limit the rights of Consumers or Entrepreneurs-Consumers provided for in applicable law, including in particular art. 556–576 of the Civil Code

7. Withdrawal from the contract entitlements for the Consumer and Entrepreneur-Consumer

1. According to the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To comply with the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry. The store allows the possibility of submitting a declaration of withdrawal from the contract by e-mail to the following address:

After receiving the declaration by e-mail, the Store will immediately send the Customer who is a consumer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract. The declaration may be submitted on the form, the specimen of which was posted at the URL https://trofeocycling.pl/formularz-odstapienia-od-umowy/ and will be attached by the Store in a paper version to the product shipment. The use of this form is optional.

2. According to Art. 38 of the Act on Consumer Rights, the right to withdraw from a distance contract, in accordance with the Act, is not available to the Consumer and Entrepreneur-Consumer in the following cases:

• for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal
• in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
• in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
• in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
• in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
• in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the entrepreneur has no control;
• in which the consumer has expressly demanded that the entrepreneur come to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
• in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
• concluded through a public auction;
• for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
• for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

3. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: ul. Meander 15/21 02-791 Warszawa or hand it over to a person authorized by the Store to pick it up immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Store offered to pick up the item himself. The returned goods should be packed in a way that prevents their damage during transport.
4. If the Customer uses the right referred to in paragraph 1, direct costs of returning the goods are covered by the customer.
5. In the event of withdrawal from this contract, the Customer is reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store), immediately and in any case no later than 14 days from the date on which the Store was informed about the Customer’s decision to exercise the right to withdraw from the contract with the Store.
6. The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
7. The Store may withhold the reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
8. If the Customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest standard delivery method offered by the entrepreneur (applies to the method of original delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.
9. The consumer is responsible for the decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item.
10. The provisions regarding the Consumer contained in this paragraph apply to the Entrepreneur-Consumer (pursuant to Article 38a of the Act of 30 May 2014 on consumer rights)
11. The right to withdraw from a distance contract referred to in this paragraph of the Regulations does not apply to a Customer who is not a Consumer or an Entrepreneur-Consumer.
12. Moreover, pursuant to Art. 31 (2) of the Act of May 30, 2014. on consumer rights, if the Consumer or the Entrepreneur-Consumer submitted a declaration of withdrawal from the contract before the Store accepted its offer, the offer ceases to be binding.

8. Final provisions and description of the possibility of using out-of-court complaint and redress procedures

1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer or Entrepreneur-Consumer entitled to him under mandatory provisions of law, including in particular art. 556-557 of the Civil Code. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
2. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of April 23, 1964 r. – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
3. Information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

• http://www.uokik.gov.pl/spory_konsumenckie.php;
• http://www.uokik.gov.pl/sprawy_indywidualne.php;
•  http://www.uokik.gov.pl/wazne_adresy.php;

The customer who is a consumer has, among others the following options for using out-of-court complaint and redress procedures:

• Permanent consumer arbitration court operating at the Trade Inspection – the possibility of requesting the resolution of a dispute arising from the concluded Sales Agreement;
• provincial inspector of the Trade Inspection, the possibility of requesting the initiation of mediation proceedings regarding amicable settlement until the end of the dispute between the customer and the store;
• poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address :.
• Online Disputes Resolution (ODR) platform available at:  http://ec.europa.eu/consumers/odr/

4. Any disputes arising between a Customer who is not a Consumer or an Entrepreneur-Consumer and the Store will be settled by the court competent for the seat of the Academic Business Incubators foundation.

Attachments to the Regulations

INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT – NOTICE TO WITHDRAW FROM THE CONTRACT

The right to withdraw from the contract

1. You have the right to withdraw from this contract within 14 days without giving any reason.
2. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
3. To exercise the right to withdraw from the contract, you must inform the person responsible for performing the withdrawal from the contract:

TROFEO. Cycling operating as part of the StartUp Academic Business Incubator about its decision to withdraw from this contract by way of an unequivocal statement. (Please note that the declaration may be sent, for example, by post, fax or e-mail).

4. You can use the model withdrawal form, but it is not obligatory.

You can also complete and submit the withdrawal form or any other unequivocal statement by electronic means on our website https://trofeocycling.pl/formularz-odstapienia-od-umowy/. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. e-mail).

5. To meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
6. Consequences of withdrawal from the contract

W przypadku odstąpienia od niniejszej umowy zwracamy Państwu wszystkie otrzymane od Państwa płatności, w tym koszty dostarczenia rzeczy (z wyjątkiem dodatkowych kosztów wynikających z wybranego przez Państwa sposobu dostarczenia innego niż najtańszy zwykły sposób dostarczenia oferowany przez nas), niezwłocznie, a w każdym przypadku nie później niż 14 dni od dnia, w którym zostaliśmy poinformowani o Państwa decyzji o wykonaniu prawa odstąpienia od niniejszej umowy. Zwrotu płatności dokonamy przy użyciu takich samych sposobów płatności, jakie zostały przez Państwa użyte w pierwotnej transakcji, chyba ze wyraźnie zgodziliście się Państwo na inne rozwiązanie; w każdym przypadku nie poniosą Państwo żadnych opłat w związku z tym zwrotem.

We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, depending on which event occurs first.

Please send back or hand over the item to us. immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.

Będą Państwo musieli ponieść bezpośrednie koszty zwrotu rzeczy.

You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

B. WITHDRAWAL FROM THE CONTRACT

Available here

Please be advised that this form should be completed and returned only if you wish to withdraw from the contract. The use of the form is optional.

Addressee:

Startup TROFEO.Cycling

Academic Business Incubators

st. Meander 15/21

02-791 Warsaw

e-mail: phone: 600 245 600

I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service ( *)

Date of conclusion of the contract (*) / receipt (*)

Name and surname of the consumer (s)

Consumer (s) address

Signature of the consumer (s) (only if the form is sent in paper version)

Date

(*) Delete as appropriate.