RULES AND REGULATIONS OF HOLAN.PL, THE ONLINE SHOP
1. GENERAL INFORMATION
1.1. The owner and the coordinator of the online shop on the website http://www.holan.pl is Holan Moto Sp. z o.o. with its registered office in Wrocław (50-125), ul. Św. Mikołaja 7, entered in the register of businesses by the District Court in Wrocław – Fabryczna, VI Division of the National Court Register with KRS number 0000387614, share capital of 50.000PLN, NIP (Tax Identification Number) number: PL8971773938, REGON (National Official Register of Business Entities): 021536224.
1.2 These Rules and Regulations are drawn up in accordance with Polish law and define the principles of functioning of the online shop Holan.pl on http://www.holan.pl , way of providing and using services of Holan Moto Sp. z o.o. and principles of selling products by Holan Moto Sp. z o.o. These rules and regulations define rights and obligations of users and consumers and right, obligations and extent of liability of the entity managing the online shop Holan.pl i.e. of Holan Moto Sp. z o.o.
Terms used herein mean:
2.1. Rules and Regulations – this document is available on www.holan.pl website. It defines rules of making contracts and selling contracts. This document is an integral part of these contracts.
2.2. Holan Moto – private limited company Holan Moto Sp. z o.o. with its registered office in Wrocław defined in point 1.1 hereinabove.
2.3. Online shop – transactional website on http://www.holan.pl conducted by Holan Moto where products for sale are presented, and where selling contracts are made between consumers and Holan Moto.
2.4. User – natural person having full capacity to perform acts in law, or person having limited capacity to perform acts in law after permission of statutory representative to enter in a contract according to applicable law. Such person, after correct registration on the website (www.holan.pl), enters into contract with Holan Moto Sp. z o.o. whereby account was established.
2.5. Account – database run for free for the users by Holan Moto. Here personal data of the user and of one actions within the internet shop are hold. Access to the account enables user and consumer to:
(a) User – to be identified on the online shop (www.holan.pl);
(b) Customer -to make an offer to buy selected product;
2.6. Customer – user entitled to make offers not related to his or her business or professional activities and a party to selling contract. User is a consumer in accordance with the Polish Civil Code, act from April23, 1964.
2.7. Offer – offer of selling contract made by consumer to Holan Moto interpreted in accordance with the Polish Civil Code, act from April 32, 1964.
2.8. Sales campaign – information placed on the website about presented products which after making an offer by customer and after accepting this offer by Holan Moto may be obtained by customer. The presentation of products may be subject to the change and is not an offer in accordance with the Polish Civil Code.
2.9. Product – product is a subject of a selling contract .Products are presented on the website (www.holan.pl) within Sales campaign. Products come directly from producers. They are original, brand products and high quality accessories for motorcycles.
2.10. Contract – contract about electronically supplied services into which customer enters voluntarily with Holan Moto once the registration was affirmed according to point 4.7 herein.
2.11. Selling contract – selling contract of products mentioned in product offer between Holan Moto and customer according to rules mentioned herein.
2.12. Registration – procedure determined in point 4.3. herein leading to creation of account that enables identification of the user of the www.holan.pl online shop. User is identified by login consisting of sequence of signs (required to enter in a selling contract with Holan Moto).
2.13. Personal Data – information obtained during registration process about customer who is identified as a natural person or a natural person possible to be identified. Personal data is processed by Holan Moto to the extent necessary to make, change, terminate and implement an agreement, to settle accounts with customer, for direct marketing and for other purposes after prior approval.
2.14. Cart – device available on the website (www.holan.pl) that enables customers to make offers, purchase selected products, and then to make one-time confirmation of independently made offers in a form of order.
2.15. Selling Price – the selling price of product to customer by Holan Moto. The price is determined by the information given in selling campaign according to offer made by customer. The selling price given in the Selling campaign includes taxes and all charges required by law, but does not include delivery costs.
3. TECHNICAL CONDITIONS OF USING THE ONLINE SHOP
3.1.Conducting the online shop by Holan Moto includes following functions and services: (a) access to transactional website e.g. conducting and administrating user’s accounts by Holan Moto that enables customers to make offers to buy products presented in selling campaign; (b) providing by Holan Moto space on server to place data necessary to identification of the user and to enter in contracts and selling contracts by the user.
3.2. To use the online shop, a user needs access to device with access to the Internet and with program to browse websites.
3.3. Due to the fact that user uses electronically supplied services by Holan Moto under the agreement, user is not allowed to provide illegal contents.
4. RULES OF USING THE ONLINE SHOP
4.1. Holan Moto presents products for sale on-line. Information about products is laced on www.holan.pl website and only users are the ones who can purchase these products.
4.2. Creating and using the account on the website is part of services supplied by Holan Moto. The account is free and voluntary.
4.3. Registration procedure consists of filling in the form that is available on www.holan.pl website and accepting these rules and regulations.
4.4. Accepting the rules and regulations by user means making the following declarations:
(a) I have read these rules and regulations and I accept all of them;
(b) I voluntarily decided to use services of the online shop (www.holan.pl);
(c) Personal data from the registration form, that may be changed while using the services of the internet shop, are truthful, legal and do not violate third-party rights.
4.5. User is obliged to give truthful personal data in the registration form. Personal data includes: name, surname, e-mail address (except so-called temporary e-mail addresses) and password.
4.6. After filling in and confirming the correctness of personal data from registration form, one will get message on his or her e-mail address given in the registration form that confirms the registration. With the confirmation of the registration, contract between Holan Moto and the user is made. The contract is made for indefinite period of time and gives user the access to services provided by Holan Moto.
4.7. After correct registration, Holan Moto creates account for user assigned to e-mail address and password given in the registration form. User gets access to the account after confirming e-mail address and password (login).
4.8. Account contains personal data of the user that was given in registration form. In case of any change of personal data, user should promptly update them using proper form available on the www.holan.pl website.
4.9. The user of the account is not allowed to put third party’s personal data into registration form, nor the image of the third party without permission regulated by law, or without the permission of the third party.
4.10. It is forbidden to delete personal data mentioned in point 4.5. herein by user while using the services of Holan Moto. User is not allowed to give incomplete, no longer current or false personal data.
4.11. User cannot have more than one account assigned to one e-mail address.
4.12. User can terminate contract with Holan Moto (concerning specific account) without indicating the cause after 7-days period of notice by sending e-mail to firstname.lastname@example.org entitled “resignation”.
4.13. Due to important reasons (such as the change of provisions of law, actions of the user working against the internet shop, breaching of the rules and regulations by the user) contract between the user and Holan Moto (concerning specific account) may be terminated by Holan Moto after 7-days period of notice.
4.14. If the contract was terminated by Holan Moto, the user is not allowed to do re-registration without the prior permission of Holan Moto.
4.15. In cases mentioned in points 4.12 and 4.13 herein, Holam Moto will delete the account of user. As the consequence of this deletion, personal data of the user will be irrevocably deleted. Holan Moto reserves the right to preserve personal data of the user from the account to vindicate potential claims related to using the online shop, to disclose personal data to competent authorities or in other cases regulated by law.
5. RULES OF MAKING SALE CONTRACTS
5.1. Holan Moto presents products for sale on the www.holan.pl website. Presentation of products mentioned hereinabove does not mean an offer according to Polish Civil Code and may be subject to change.
5.2. Offers made by customers are realized according to the order in which confirmed offers for specified products were submitted, valid while stock lasts.
5.3. Sale contracts are made in electronic form via form available on Holan Moto’s online shop in the following way:
(a)to make an offer after choosing product presented by Holan Moto, customer must move to Cart to make an offer. On the first stage of making an offer selected products visible on Cart should be confirmed;
(b) after confirmation customer moves automatically to the second stage of making offer – “delivery”. Here customer gives contact details necessary to realization of the delivery and bill or VAT invoicing. Data should include name, surname, address, phone number and e-mail address. Customer chooses delivery form.
(c) after filling all required fields customer moves automatically to another stage – “payment”. Here customer chooses form of payment from available options.
(d) The customer can choose the payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. In the case of payment by payment cards counts delivery time is counted from the moment of obtaining a positive transaction authorization.
(e) after completing all steps mentioned hereinabove, the customer gets an e-mail that confirms receiving an order by Holan Moto and that gives due date. It is tantamount to making a sale contract of selected product. The lack of confirmation of an offer means that an offer was not accepted for fulfillment and that the sale contract was not made.
5.4. Purchased product is delivered by courier company or by Poczta Polska (Polish Post), depending on the decision made by customer mentioned hereinabove in point 5.4.b. It is possible to collect purchased product personally after phone contact and making an appointment.
5.5. In case of selecting delivery by courier company, terms of delivery are regulated by separate provisions. The delivery is made to address indicated by customer in order. Transport and delivery costs of products are paid by customer. Information about delivery costs are provided next to product presented on the website.
5.6. In case of payment by transfer to Holan Moto’s bank account provided on the www.holan.pl website, product is sent to customer after confirmation of payment. Not paying the selling price during one month from making sale contract means termination of this contract.
6.1. User and customer can lodge a complaint if Holan Moto implements services mentioned herein against the law or not according to these rules and regulations.
6.2. In case of product order discrepancies customer exercise the rights vested in act from July 27, 2002 regarding specific terms and conditions of consumer sale and amendment to the Civil Code. Customer lose these rights if during 2 months after noticing the nonconformity of the goods with the sale contract has not informed Holan Moto about this discrepancy. Holan Moto take responsibility for product order discrepancies with sale contract only when the discrepancy was stated within 2 years after delivering the product to the customer.
6.3. Customer complaint due concerning the nonconformity of goods with the sale contract should be sent to Holan Moto by e-mail on email@example.com or by post to company address: Wrocław (50-125), ul. Św. Mikołaja 7. The complaint should include:
(a) customer data that enables contact with the customer and identification of the customer
(b) customer’s objections
(c) circumstances justifying the complaint
(d) way of eliminating the discrepancy of the product with selling contract demanded by customer.
6.4. Before lodging a complaint, customer is obliged to contact Holan Moto at telephone number +48 601 705 705. Complaint will receive specified complaint number. Customer is obliged to put this number on the prominent place on the product’s box or put this number in the box in which the product is put. In case of complaints of non-delivery, customer is obliged to put the complaint number in the text of the complaint.
6.5. If data or information given in the complaint require to be completed before adjusting a complaint, Holan Moto asks customer to fill in required information or data.
6.6. Holan Moto gives response by e-mail or by post to customer on address given during making an offer by customer during 14 days from receiving the complaint in the right form. In response Holan Moto informs whether the complaint is admitted and how the discrepancies would be eliminated, or about the lack of base to admit complaint with justification.
6.7. In case of admitting the complaint by Holan Moto customer will receive corrective invoice to address given during making an offer. Customer will receive repayment of costs of the bought product within 14 days from receiving the corrective invoice.
If the transaction was made by payment cards, refund will be issued for the account of the card.
6.8. According to act from March 2, 2000 about protection of certain customer rights and liability for damages caused by hazardous products, customer has right to withdrawn from sale contract during 10 calendar days from the day of receiving the product. To withdraw from the contract customer has to send declaration of withdrawn from the contract during 10 days from receiving the product in written form on firstname.lastname@example.org.
7.1. User is able to subscribe to service (newsletter) that sends messages and that works within the online shop. To subscribe user have to give e-mail address in a place indicated on the www.holan.pl website and to confirm this address by clicking on the option “send”. By choosing the option “send” user agrees to receive commercial news from Holan Moto about Holan Moto services.
7.2. One is able to unsubscribe from newsletter by choosing option “unsubscribe” on the website.
8. PERSONAL DATA
8.1. Holan Moto is the administrator of personal data. Holan Moto processes personal data in accordance with law, especially in accordance with the act from August 29, 1997 about Personal Data Protection (consolidated text: Journal of Laws from 2002, no. 101, item 926 as amended) and with the act from July 18, 2002 about Electronically Supplied Services (Journal of Laws, no. 144, item 1204 as amended).
8.2. Holan Moto processes personal data strictly for the purposes of making and creating the sale contract, terminating and correct executing of the contract and for other purposes after prior permission.
8.3. Holan Moto reserves the right to make personal data available in accordance with law for competent authorities including judicial authorities. Holan Moto does not make personal data available for other entities and for unauthorized persons.
8.4. Customer has access to his or her personal data and the right to correct it. Customer has the right to file motivated objection against its processing.
9. FINAL PROVISIONS
9.1. Holan Moto reserves the right to amend these rules and regulations due to important reasons (especially due to technical or/and judicial reasons), subject to point 9.2. mentioned hereunder.
9.2. In case of amendment to rules and regulations Holan Moto will inform users by publishing consolidated text of Rules and Regulations on the website and by sending these Rules and Regulations on e-mail address given by user during registration. Amendment to the rules and regulations come into effect within 7 days from sending these rules and regulations to the user.
9.3. Polish law is the proper law for contract and sale contract made according to these rules and regulations.
9.4. In case of change or cancellation of any provision of these rules and regulations due to valid court decision, other provisions are still valid and bind Holan Moto and user.