14 days to return the goods
Terms and conditions
§ 1. GENERAL PROVISIONS
These regulations define the rules for using the Online Store, in particular the rules for concluding sales contracts for goods in the Online Store’s assortment via the Online Store, the rules for the performance of sales contracts and the rules for the complaint procedure. The Regulations are an integral part of contracts for the sale of goods.
§ 2. DEFINITIONS THE FOLLOWING WORDS HAVE THE FOLLOWING MEANINGS IN THE REGULATIONS:
- Business day – a day from Monday to Friday, excluding public holidays pursuant to the provisions of the Act of January 18, 1951 on public holidays;
- Customer – a natural person who is an adult or over 13 and has the consent of a legal representative or a legal person, an organizational unit without legal personality that can acquire rights and incur obligations on its own behalf, purchasing goods or services via the online store;
- Consumer – a natural person concluding a Sales Agreement with Moto46 not directly related to his business or professional activity;
- Moto46 – “Moto46” Limited liability company in Szczecin (ul. Kurza 4, 70-795 Szczecin), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Szczecin – Centrum in Szczecin, 13th Commercial Division of the National Court Register under the number 0000227081, NIP: 955 -21-15-817, REGON: 812745332, share capital PLN 1,000,000.00;
- Employee – an employee authorized by Moto46 to represent the company in the field of accepting orders and their implementation for the Customer,
- Online Store – a store run by Moto46 on the Website;
- Website – a website available at the domain www.carbonfoxgroup.com;
- Regulations – these regulations of the online store;
- Goods – a movable item available in the Online Store’s assortment;
- Sales contract – a contract for the sale of Goods concluded between Moto46 and the Customer via the Online Store;
- Order – Customer’s declaration of will expressing the direct will to conclude a Distance Sales Agreement submitted using means of distance communication, specifying: the type and quantity of the Goods in the Online Store’s assortment at the time of placing the order, method of payment, method of delivery of the Goods and place of delivery of the Goods, as well as customer data. The order of each Product is treated as an independent offer of the Customer to conclude a Sales Agreement for the Goods being the subject of the Order.
§ 3. PLACING ORDERS
- The Customer should send the Order to Moto46 in the manner specified in the following sections of the Regulations.
- Orders are placed and accepted via the Online Store.
- Placing an Order is possible after the Customer logs in to the Customer panel on the Website and completes the order form or without prior logging in, after providing all the data indicated in the order form on the Website.
- The sales contract between the Customer and Moto46 is concluded when the Customer is sent via e-mail or the Website confirmation of the Order placed by the Customer in the Online Store. Failure to receive confirmation by the Customer within 7 days of placing the order is tantamount to Moto46 not accepting the Order and not concluding a contract for the sale of the Goods.
- An order placed in the manner specified above is accepted for execution when the Employee provides the Customer with a unique Order number. If the Customer, despite placing the Order, has not received such confirmation and number, he is obliged to contact the Employee via Moto46 e-mail or by phone using the Moto46 contact details provided on the Website.
- The subject of the Order are the Goods placed by the Customer in the Online Store’s basket before placing the Order. In the Order form, the Customer enters:
- name and surname, address and contact details, vehicle VIN number (optional);
- delivery address;
- shipping method;
- payment method.
- When placing an Order, the Customer has the option of modifying the Order until the Order is confirmed in the manner described in section 8 below.
- Placing an Order takes place after completing the order form, along with selecting the “Confirm order” field on the Website.
- To place an Order, it is necessary for the Customer to submit a declaration of knowledge and acceptance of the Regulations. By submitting this statement, the Customer agrees to regulate legal relations with Moto46 in the manner specified in the Regulations.
§ 4. ORDER PROCESSING
- Orders are processed after the conclusion of the sales contract and the assignment of a unique Order number.
- If the Customer orders a Good that is unavailable, the Customer will be informed by phone or e-mail about the inability to complete his Order or the inability to complete the Order within the agreed time. After obtaining the information referred to in the previous sentence, the Customer who does not agree to extend the term of the Order will be entitled to withdraw from the sales contract. If the Customer has paid for the Goods, Moto46 will return the price paid to the Customer within 14 working days from the date of the Customer’s withdrawal from the contract. If the Customer accepts a new date for the execution of the Order, the Order will be executed on the new date, the contract will be appropriately modified in this respect, and Moto46 will not be delayed in the performance of the obligation.
- In the event of the inability to execute the Order for the reasons indicated in paragraph 2, the sales contract will be considered void. If the customer makes a prepayment, Moto46 will return the price paid to the customer within 14 working days from the date of the notification referred to in section 2.
- After adding the Goods to the basket, the expected delivery time of the Goods to the Customer is given. This period is counted from the day following the day of acceptance of the order for execution, to the day of receipt of the package containing the Goods by the carrier (or courier) performing the delivery. The deadline is given in business days. An order for Goods with different delivery times is carried out in the longest period, and the Goods are sent collectively when the entire order is completed. The date of shipment of the package is determined on the basis of the Goods with the longest delivery time.
- In the case of selected Goods, in particular due to their size or susceptibility to damage, the Store reserves the right to exclude some delivery methods.
- When collecting the parcel with the Order, the Customer is obliged to check the condition of the parcel. In the event of damage or tampering with the packaging, a damage report should be drawn up in the presence of the courier or carrier. Damage should be reported to the courier (or carrier) before collecting the shipment, and then to Moto46. If the damage was not visible from the outside, it should be reported to the courier (or carrier) and to Moto46 within 7 days of receiving the shipment at the latest.
- All prices of the Goods posted on the Store’s website are for information purposes and do not constitute an offer or invitation to conclude a Sales Agreement.
- The total price of the order, which the Buyer is obliged to pay for a given order, is provided in the confirmation of acceptance of the order for execution, referred to in § 3 section 5 of the Regulations.
- The Order Price is given in Polish zlotys, it includes the prices of the ordered products, including the Goods and Services Tax, delivery costs and includes any discounts and promotions.
- Moto46 reserves the right to change the prices of the Goods, carry out and cancel promotional campaigns and sales, or make changes to them, with the proviso that this may not apply to the price of the Goods in Orders placed before the date of entry into force of the price change, conditions of promotional campaigns or sales.
- A limited number of Goods is intended for promotional sales and sales, and orders are processed in the order in which confirmed orders for these Goods are received, until the stocks covered by this form of sale are exhausted.
- A proof of purchase (receipt or invoice) is attached to each Good. Consolidation, protection and access to the essential provisions of the contract concluded by means of distance communication takes place by providing the Customer with a proof of purchase together with the delivered Goods.
- The invoice is issued upon the Customer’s express statement included in the content of the Order and after providing all the data necessary for its issuance. A VAT invoice may be issued and sent to the Customer in electronic form.
- Moto46 reserves the right to refuse to execute the Order if the Customer has not collected the Goods which are the subject of the previous Order.
§ 5. PAYMENT
- Payment for the ordered Goods may be made at the Customer’s choice in one of the following ways:
- by transfer to the Moto46 bank account indicated on the Website;
- by electronic payment, in one of the ways indicated in the content of the Order form.
- The method of payment specified in § 5 section 1 point 1 of the Regulations is acceptable only for Orders with a payment amount of up to PLN 500.00.
- Orders with delivery outside of Poland can be paid only by bank transfer or in the manner indicated in § 5 sec. 1 point 3) of the Regulations. The execution of the Order begins after the Online Store receives confirmation of the correct execution of the payment from the operator through which the payment is made. Moto46 reserves the right to refuse to execute Orders combined with shipment outside of Poland.
§ 6. WARRANTY AND WARRANTY FOR DEFECTS
- The goods may be covered by the manufacturer’s warranty. The warranty conditions are then regulated by the manufacturer in the relevant warranty cards.
- Moto46 is liable to the Customer for defects in the Goods under the warranty to the extent specified in the Civil Code, in particular in art. 556 and art. 556¹ – 5563 and subsequent of the Civil Code.
- Complaints under the warranty may be addressed to Moto46 at the following address: ul. Kurza 4, 70-795 Szczecin. In order to efficiently consider the complaint, the complaint should contain: name and surname, correspondence address, e-mail address, telephone number, description of the defect, date of finding the defect, method of the defect (if known), request as to how the complaint should be considered. Along with the complaint, the Customer should provide the defective Goods and proof of purchase.
- Warranty claims should be directed against Moto46. Complaints under the guarantee should be addressed to the guarantor, in accordance with the terms of the guarantee of the Goods.
§ 7. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- A Customer who is a Consumer or a Customer concluding a sales contract with Moto46 directly related to his business activity, provided that the content of the contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity, has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the shipment with the Goods.
- In order to withdraw from the Agreement, the Customer should inform Moto46 before the expiry of the period indicated in paragraph 1 about your decision to withdraw from the contract by making an unequivocal statement. The customer may use the model declaration of withdrawal from the contract, available here (although it is not mandatory). A declaration of withdrawal from the contract may, for example, be sent to the Moto46 email address: firstname.lastname@example.org or by post. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
- The Customer is obliged to return the Goods immediately, but not later than 14 days from the date on which he withdrew from the contract.
- The Customer bears only the direct costs of returning the Goods to Moto46, with the proviso that Moto46 is obliged to collect the Goods at its own expense when, due to their nature, the Goods cannot be returned in the usual way by post. In the event of withdrawal from the contract, the Customer will be reimbursed all payments received from him, including the costs of delivering the item (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered by Moto46), immediately, and in any case not later than 14 days from the day on which Moto46 was informed by the Customer about the decision to exercise the right to withdraw from the contract. The refund will be made using the same payment methods that were used in the original transaction, unless the Customer expressly agrees to a different solution. In any case, the Customer will not incur any fees in connection with the return of the payment. Moto46 may withhold the reimbursement of payments received from the Customer until receipt of the item back or until the Customer provides proof of its return, depending on which event occurs first.
- The Customer is responsible for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The returned Goods must be returned within 14 days of withdrawal from the contract at the latest to the address of Moto46.
- The right to withdraw from the contract does not apply in the cases specified in art. 38 of the Act of June 24, 2014 on consumer rights.
8. ELECTRONIC PROVISION OF SERVICES
- Moto46 provides electronic services free of charge via the Online Store to enable Customers to set up an account and use the Online Store account. The conclusion of the contract for the provision of electronic services takes place when the Customer receives confirmation of setting up an account in the Online Store.
- The customer is obliged to provide his true and current data during account registration and update his data in the Online Store.
- Each Party may terminate the contract for the provision of electronic services with a 14-day notice period, subject to the rights acquired by the other Party.
- Moto46 may terminate the Customer with immediate effect or refuse the Customer the right to use the Online Store for important reasons, which are considered to be the Customer’s use of the Online Store in a way that is grossly contrary to the provisions of the Regulations or the law, the Customer’s interference with the proper functioning of the Online Store, persistent submission and cancellation of Orders by the Customer.
- The Customer who has registered in the Online Store may terminate the contract for the provision of electronic services by sending Moto46 an appropriate statement using any means of remote communication that will allow Moto46 to read the Customer’s statement.
- Moto46 may terminate the contract for the provision of electronic services by sending a relevant statement to the Customer to the e-mail address provided by the Customer during Registration.
- Moto46 takes steps to ensure the proper operation of the Store, to the extent that results from the current technical knowledge and undertakes to take actions aimed at removing any irregularities reported by customers within a reasonable time.
- Complaints related to the functioning of the Online Store may be submitted by the Customer in writing to the following address: ul. Kurza 4, 70-795 Szczecin or by e-mail to the e-mail address: email@example.com. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Online Store.
- Moto46 undertakes to consider each complaint regarding the functioning of the store within 14 days.
§ 9. PERSONAL DATA
Information on the processing of customer data by Moto46 is available here.
§ 10. FINAL PROVISIONS
- The Regulations have been in force since March 8, 2021.
- Moto46 stipulates that there may be breaks in the functioning of the Online Store that make it difficult or impossible to use the Online Store, resulting from technical reasons (maintenance, inspections, etc.) or other reasons beyond the control of Moto46.
- In matters not covered by the Regulations, the relevant provisions of Polish law shall apply.
- Moto46 reserves the right to change the Regulations. Any changes to the Regulations come into force after 14 days from the date of their announcement at the Moto46 headquarters and on the website and shall be effective for Orders placed after their entry into force.
- Any disputes arising between the Customer who is not a Consumer and Moto46 will be resolved by the common court competent for the registered office of Moto46.