§ 1
Preliminary provisions
The stride.parts online store, available at the internet address www.stride.parts, is run by FPJ MANUFACTURING Sp. z o. o., based in Wrocław, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna, VI Economic Department of the National Court Register under KRS number 0001013216, with a share capital of 50000 PLN., NIP 8943202945, REGON 524204895.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and set out the rules for the use of the online store and the rules and procedure for concluding Sales Agreements with the Customer at a distance through the Store.
§ 2
Definitions
Consumer – a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
Seller – FPJ MANUFACTURING Sp. z o. o. with its registered office in Wroclaw, Kolista 2/25, postal code 54-152, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Wroclaw-Fabryczna, VI Economic Division of the National Court Register under KRS number 0001013216, with a share capital of 50000 PLN., NIP 8943202945, REGON 524204895.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
Store – an online store operated by the Seller at the Internet address www.stride.parts.
Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations – these rules and regulations of the Store.
Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
Order Form / Checkout Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. By Sales Agreement is also understood – applying to the characteristics of the Product – a contract for the provision of services and a contract for work.
§ 3
Store Contact
Seller’s address: 2/25 Kolista Street, 54-152 Wroclaw, Poland.
The customer can communicate with the Seller using the contact form available on the Contact Us page or via email contact@stride.parts
§ 4
Technical requirements
In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
A terminal device with Internet access and a web browser of the type ,
an active electronic mail (e-mail) account,
cookies enabled.
§ 5
General information
To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
Prices quoted in the Store are in PLN and EUR and are gross prices (including VAT).
The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 6
Rules for placing an Order
In order to place an Order, you must:
Select the Products that are the subject of the Order by adding them to the shopping cart using the “Add to Cart” button
Fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the method of payment and the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
Click the “Place order” button.
Pay the order by the specified date, subject to § 7.3.
§ 7
Delivery and payment methods offered
The customer can use the following methods of delivery or pickup of the ordered Product:
Courier delivery,
Courier delivery to InPost Parcel Lockers (only within Poland).
The customer can use the following payment methods:
BLIK payments,
Electronic transfer through an external payment system “imoje”, operated by ING Bank Śląski S.A., based in Katowice,
Payment by bank transfer to the Seller’s account,
Payment by credit card.
3. Detailed information on delivery methods and acceptable payment methods can be found on the pages of the Store.
§ 8
Implementation of the sales contract
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 of the Terms and Conditions.
After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
If the customer chooses:
payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be canceled.
If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
If you order Products with different delivery dates, the delivery date is the longest date given.
The beginning of the period for delivery of the Product to the Customer is calculated as follows – if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
Delivery of the Product is available within the European Union, UK, USA, Australia and Canada. The Seller also endeavors to ensure the availability of delivery to other countries of the world, depending on the current capabilities of courier companies – up-to-date information on the availability and cost of shipping to a particular country can be seen after setting it up on the Checkout page.
Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store during the placement of the Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
§ 9
Right of withdrawal
The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The entitlement referred to above also applies to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the deadline.
The statement may be sent by traditional mail, or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3.
If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
Effects of withdrawal from the Agreement:
In the case of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
The Seller may withhold the refund until it receives the Product back.
The Consumer should send back the Product to the Seller’s address indicated by the Seller in the confirmation of receipt of the statement of withdrawal from the Contract immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner.
The consumer shall be liable only for the diminished value of the Product resulting from the use of the Product other than what was necessary to ascertain the nature, characteristics and functioning of the Product.
(9) In the event that, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as the cost of returning the Product, will be indicated by the Seller in the confirmation of receipt of the statement of withdrawal from the Contract.
(10) The right of withdrawal from a contract concluded at a distance shall not be granted to the Consumer with respect to the Contract:
in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs,
in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,
in which the object of performance is an item that is perishable or has a short shelf life,
for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the Contract,
in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things.
§ 10
Complaint and warranty
The Sales Contract covers new Products.
The seller is obliged to provide the customer with an item free of defects.
If there is a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty. A complaint should be reported in writing or electronically to the Seller’s addresses provided in these Terms and Conditions or using the electronic contact form provided by the Seller on the Delivery and Returns page.
It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer’s request in connection with the defect of the goods.
The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was considered justified.
Goods sent back under the complaint procedure should be sent to the address indicated by the Seller by e-mail.
If a warranty has been issued for the Product, the information about it, as well as its content, will be included next to the description of the Product in the Store. The Seller will also attach the warranty card to the sold Product.
§ 11
Out-of-court ways of dealing with complaints and redress of grievances
Detailed information on the consumer’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Polish 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 consumer has the following examples of out-of-court means of complaint handling and redress:
The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation).
§ 12
Personal information processing in the Online Store
Details of data processing are indicated in the Privacy Policy.
§ 13
Final provisions
(1) Contracts concluded through the Online Store are concluded in the Polish language.
(2) The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
(3) Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.
(4) The customer has the right to use out-of-court means of handling complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.