Terms and Conditions of the NEW WAY Motorcycle Windscreens Online Store

This document primarily sets out the rules under which contracts are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Act of 23 April 1964 – Civil Code.
Consumer – a Buyer who is a natural person purchasing in the Store or taking actions aimed at making a purchase, without a direct connection to their business or professional activity.
Account – a digital service regulated by separate terms, within the meaning of the Consumer Rights Act, allowing the Buyer to use additional Store functionalities free of charge.
Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person concluding or intending to conclude a contract with the Seller directly related to their business activity, but not of a professional nature for that person.
Terms and Conditions – these terms and conditions.
Store – the NEW WAY Motorcycle Windscreens online store operated by the Seller at https://motoszyba.pl.
Seller – KLAUDIA MAGDALENA SARACKA-BIJAK, a sole trader conducting business under the name KLAUDIA SARACKA-BIJAK NEW WAY, entered in the Central Register and Information on Economic Activity kept by the competent minister, NIP 6621794301, REGON 387485859, Chmielów 4, 28-440 Chmielów, Poland.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Chmielów 4, 28-440 Chmielów, Poland
2. Email address: shop@sklep168231.shoparena.pl
3. Telephone: +48 533 101 888
4. The cost of a telephone call or data transmission incurred by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of international calls or data transmission may be higher than domestic ones, depending on the tariff of the operator or provider.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies
2. In order to place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

1. Product prices displayed in the Store are total prices for the product.
2. The Seller points out that the total order price consists of the product price and, if applicable, delivery costs.
3. The selected product must be added to the shopping cart.
4. The Buyer then selects the delivery method and payment method, and provides the data necessary to complete the order.
5. The order is placed once the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing an order constitutes the conclusion of a contract between the Buyer and the Seller.
7. The Buyer may register an Account in the Store or make purchases without registration.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. standard bank transfer to the Seller’s bank account;
   2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via payment platforms:
      • Shoper Payments
      • Dotpay
      • PayPal
      • PayU
      • Przelewy24
   4. cash on delivery.
2. In the case of selecting Shoper Payments, online payment services are provided by Autopay S.A.
3. If the Buyer selects advance payment, payment must be made within 5 Business Days from placing the order.

§ 6 ORDER FULFILLMENT

1. The order fulfillment time is indicated in the Store.
2. If advance payment is selected, order processing begins after payment is received.
3. If an order includes products with different fulfillment times, the longest time applies.
4. Delivery is available only within the territory of the Republic of Poland.
5. Available delivery methods:
   1. courier service
   2. Polish Post
   3. ORLEN Paczka
   4. InPost parcel lockers

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Privileged Buyer has the right to withdraw from the contract within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day the Buyer or a third party acquires possession of the goods.
3. The Buyer must inform the Seller of the decision to withdraw by an unequivocal statement.
4. The Buyer may use the withdrawal form template, but it is not mandatory.
5. Sending the withdrawal statement before the deadline is sufficient.
6. EFFECTS OF WITHDRAWAL FROM THE CONTRACT
7. The Seller shall refund all payments received, including delivery costs (except additional costs), within 14 days.
8. Refunds shall be made using the same payment method, unless otherwise agreed.
9. The Seller may withhold reimbursement until the goods are received or proof of return is provided.
10. The Buyer shall return the goods within 14 days to the address: Chmielów 4, 28-440 Chmielów.
11. The Buyer bears the direct cost of returning the goods.
12. The Buyer is responsible for diminished value resulting from improper use.
13. If return by post is not possible, the Buyer bears direct return costs.
14. Refunds for card payments will be made to the card account.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal does not apply to contracts:
   1. for non-prefabricated goods made to the Buyer’s specifications;
   2. for perishable goods;
   3. for sealed goods opened after delivery for hygiene reasons;
   4. for goods inseparably connected with other items;
   5. for sealed audio/video recordings or software opened after delivery;
   6. for newspapers, periodicals or magazines (except subscriptions);
   7. where the price depends on financial market fluctuations.

§ 9 COMPLAINTS

I. GENERAL PROVISIONS

1. The Seller is liable for conformity with the contract under applicable law.
2. Complaints should be submitted to the Seller’s postal or email address.
3. If a guarantee is granted, information about it is available in the Store.
4. The Seller will respond to complaints within 14 days.

II. PRIVILEGED BUYERS

1. Goods
   1. In case of non-conformity, the Buyer may exercise rights under the Consumer Rights Act.
   2. The Seller is liable for lack of conformity revealed within two years.
   3. The Buyer may request repair or replacement.
   4. The Buyer may request a price reduction or withdraw from the contract under statutory conditions.
   5. The Seller collects the goods at their own expense.
   6. The Buyer may not withdraw if the defect is insignificant.
   7. Upon withdrawal, the Seller refunds the price within 14 days.
2. Out-of-court dispute resolution
   1. The Buyer may use alternative dispute resolution methods, including ODR platforms.
   2. This information is informational only.
   3. Participation is voluntary.
   4. The Buyer may seek help from a consumer ombudsman.

III. BUYERS OTHER THAN PRIVILEGED BUYERS

1. Complaints may be submitted under warranty rules of the Civil Code.
2. The Seller is liable for defects discovered within two years.
3. Entrepreneurs lose warranty rights if defects are not reported promptly.
4. The Buyer may request price reduction, withdrawal, replacement, or repair.
5. Defective goods must be delivered to the Seller.

§ 10 PERSONAL DATA

1. The Seller is the personal data controller.
2. Data is processed for order fulfillment and legal obligations.
3. Providing data is voluntary but necessary.
4. Data is processed until contractual and legal obligations expire.
5. The Buyer has rights under GDPR.
6. Complaints may be lodged with the Polish Data Protection Authority.

§ 11 RESERVATIONS

1. Providing unlawful content is prohibited.
2. Each order constitutes a separate contract.
3. Polish law applies.
4. Contracts are concluded in Polish.
5. For disputes with non-privileged Buyers, the competent court is the Seller’s court.

Below is a model withdrawal form that may be used by the Consumer or Privileged Entrepreneur:

(fill in and return only if you wish to withdraw from the contract)

KLAUDIA SARACKA-BIJAK NEW WAY
Chmielów 4, 28-440 Chmielów
Email: shop@sklep168231.shoparena.pl

I/We(*) hereby inform of my/our(*) withdrawal from the contract of sale of the following goods / provision of the following service:

……………………………………………………………………..

……………………………………………………………………..

Date of contract conclusion / receipt:

……………………………………………………………………..

Name and surname of Consumer(s) / Privileged Entrepreneur(s):

……………………………………………………………………..

Address:

……………………………………………………………………..

Signature (only if sent on paper)

Date ……………………………………..

(*) Delete as appropriate.