Regulations of the website and online store at lemonbike.eu
I. GLOSSARY OF TERMS
1. Seller, Data Administrator - Lemonbike.eu Gabriela Fabian NIP: 6311009288 REGON 277495024, registered office address 44-120 Pyskowice ul. Armii Krajowej 5, e-mail: info@lemonbike.eu
2. Store - Internet portal belonging to the Seller, available at www.lemonbike.eu through the portal Buyer can place Orders.
3. Customer, Buyer - a person using the Store, placing an Order through the Store. Buyers can be in Consumers, as well as Individual Entrepreneurs.
4. Consumer - a Buyer who is a natural person taking a legal action - a contract of sale through the Store, but without direct connection with the business or professional activity of the Buyer (Article 221 of the Civil Code).
5. Individual Entrepreneur - means a natural person entering into a contract of sale through the Store, directly related to his/her business, if the content of the contract indicates that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
6.Privacy Policy - a document containing information on the principles of personal data protection of Buyers by the Seller, located in the "Privacy Policy" tab on the Store's website.
7. Rules and Regulations - this document of the Rules and Regulations of the Store.
8. Goods - movable item available for sale through the Store.
9.. Order - a declaration of will of the Buyer directly related to the conclusion of a contract of sale of Goods at a distance through the Store, together with the determination of the quantity and type of Goods.
10. Business days - weekdays from Monday to Friday, but excluding public holidays.
II. GENERAL PROVISIONS
1. these Regulations set out the regulations for the conclusion and performance of sales contracts for Goods displayed in the Store
2. In order to properly place an order, electronic devices with access to the Internet, e-mail and sufficient Internet and hardware resources are required to enable the display of websites.
3. The subject of sale are the Goods displayed in the Store at the time of placing an order by the Buyer.
4.. prices of the Goods displayed in the Store (on the page of each presented Goods) are given in the following currency: Polish zloty, euro (depending on the Store settings selected by the Client) and include VAT.
5. The presented content of the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. The information about the Goods does not constitute an offer for sale within the meaning of the Civil Law.
6. The Seller has made every effort to ensure a maximum successful purchase, paying particular attention to the smoothness of the transaction and the protection of entrusted personal data. The Seller declares that he makes every effort to present the description and photos of the products with their real physical state, but the possibility of errors or differences in display on devices (e.g. the color of the Buyer's screen settings) is not excluded.
7. The Seller, in accordance with applicable law, is obliged to ensure compliance of the Goods with the contract - this obligation means the necessity to deliver Goods without physical defects, as well as legal defects.
8.. In accordance with the content of Article 14 (1-2) of the Regulation of the European Parliament No. 524/2013 of May 21, 2013. consumers have the right to use the route of out-of-court settlement of disputes related to the sales contract concluded over the Internet between consumers living in the EU and entrepreneurs based in the EU. The dispute can be resolved through the online platform available at http://ec.europa.eu/consumers/odr
III. PLACING ORDERS
1. the Seller provides the possibility of placing Orders and contacting the Store in the following manner:
- through the Store by filling out an interactive form;
- by phone call to +48 575 830 916.
2. the cost of phone calls is in accordance with the applicable tariff of the Buyer.
3In order to place an Order via the Store, the Buyer should add selected Goods to the shopping cart and follow the information displayed on the Store's website to finalize the order placement:
- Specify the delivery method;
- Specify the payment method;
- Provide delivery details;
- Accept the current content of the Terms and Conditions;
- In order to make a final decision on the purchase of Goods under the conditions displayed by the Store, the Buyer should confirm the purchase and complete the payment.
4Performing the actions described in the above §3.3 is tantamount to submitting to the Seller by the Buyer an offer to conclude a contract of sale of the Goods placed in the shopping cart, at the prices displayed in the Store.
5. After the Order is correctly placed in the interactive panel of the Store, the Buyer will receive an e-mail message with confirmation of acceptance of the Order or refusal to accept it, along with the reason. At the moment of confirmation of acceptance of the Order for execution, a contract of sale of the Goods on the agreed terms is concluded between the Seller and the Buyer.
6. If the Buyer finds any discrepancies with regard to the information sent by the Store, an e-mail should be sent to info@lemonbike.eu in order to correct the discrepancies.
7. Until the Goods ordered by the Buyer have not been shipped, the Customer may contact the Seller in order to modify the entire scope of the Order (Type and quantity of Goods, shipping data). If the Seller accepts the modification, the contract of sale of the Goods is modified.
8. In order to place an order by phone, it is necessary to contact the Seller at the number specified in §3 item 1
9. If during a telephone order the Customer proposes to conclude a contract of sale:
- After reaching an agreement between the Seller and the Buyer, the Seller will provide the Customer with information on the terms of the Order (designation of the ordered Goods, total price, delivery time).
- The Seller will proceed to implement the content of the contract of sale of the Goods after the above mentioned terms of the Order are confirmed by the Customer.
10All doubts and questions at the time of placing the order should be reported to the e-mail address info@lemonbike.eu
IV. DELIVERY OF GOODS
1. the Seller performs shipping within Europe. The cost of delivery of the Goods is presented in the process of placing the Order after the Buyer presents the delivery address of the Goods.
2. The Seller performs shipping through a courier service.
3. The Seller undertakes to pack the Goods safely to ensure protection from damage during shipment, with the proviso that random damage to the Goods during transport may occur. The responsibility for delivery of the Goods to the Buyer rests with the Seller.
4. The date of shipment of the Order is specified on the Sub-Page of the given Goods and applies to orders which have been previously paid by the Buyer via the payment method selected when placing the order:
- Crediting the Seller's bank account by selecting the so-called "payment in advance" - electronic payment, bank transfer, payment card.
- Receipt by the Seller of information about the activation of installment payment for the Buyer.
- Cash on delivery (at the courier when receiving the shipment)
5. The right is reserved to change the date of shipment referred to in §4 paragraph 4 not more than 14 days in special cases, if the order was paid for later than the presented date of shipment of the order after prior acceptance by the Buyer. In case of non-acceptance, the order will be canceled.
6. Upon prior arrangement, at the request of the Buyer and upon approval of the Seller, it is possible for the Buyer to personally pick up the Goods at the Seller's business address indicated by the Seller. The order pickup date will be linked to the previously scheduled shipping date. Upon the Seller's acceptance of the Buyer's request, the Buyer will be informed of the exact date on which the ordered Goods will be ready for pickup.
V. TERMS OF PAYMENT
1. available payment methods are specified in the order form and are correlated with the place of delivery address of the Goods and the selected currency of the transaction by the Buyer.
2. Depending on the selection of the currency of the order and the delivery address of the Goods, the Buyer has the option to pay the order via:
- bank transfer;
- PayU payment operator. Available payment methods: electronic transfer, blik, credit card, installment payment;
- PayPal payment operator. Available payment methods: electronic transfer, payment card.
- Cash on delivery (at the courier when collecting the shipment)
3. If the Seller does not receive payment for the Order from the Customer, the Seller may contact the Customer in order to provide information about the unpaid order and payment reminder or inquire about cancellation of the Order.
4. If the Customer chooses the payment method implemented by the Payment Operator (Payu or PayPal), the payment is carried out directly after placing the order. If the Customer chooses the payment method "bank transfer" and the payment is not received by the Seller within 3 working days after placing the Order, it may result in cancellation of the Order after contacting the Seller.
VI. INSTALLMENT SALES
(1) The Buyer has the option to choose to pay for the Goods by credit in the installment system. The process of obtaining financing is as follows:
- After correctly completing the order form, the Buyer will be redirected to the website of the lender's bank
- The Buyer fills out a credit application with information on the procedure and conditions for concluding a credit agreement. A credit simulation will be presented on the lender's website when filling out the application.
- The decision on positive granting of credit to the Buyer is made by the lender.
- If the decision is positive, the Buyer enters into a credit agreement with the lender.
2. The Seller provides the Buyer with the opportunity to purchase Goods in the installment system. The Seller is not a party to the credit agreement and does not mediate in its conclusion.
3. The process of obtaining financing described in paragraph 1 is specified in detail by the lender. The description contained herein is for informational purposes.
4. The Seller will be informed by the lender about the positive or negative decision to grant credit to the Buyer. If the decision is positive, the Seller will proceed with the execution of the Order. If the decision is negative, the Order is canceled or a method of payment will be reached by agreement between the Buyer and the Seller.
VII. ORDER EXECUTION
1. the Seller may inform the Buyer about the current status of the Order (Order in progress) by means of a message to the e-mail address provided by the Customer or an SMS message or telephone contact - to the telephone number provided by the Customer.
2. After concluding the contract of sale of the Goods, the Seller will issue a paper purchase document (receipt or VAT invoice) together with the Goods.
VIII. SHIPMENT SECURITY AND INSPECTION
(1) When receiving a shipment of goods ordered by the Buyer, the Customer should check whether the shipment or Goods bear traces of damage. If the consignment or Goods bears traces of damage, it is recommended to draw up a report of damage to the consignment with the participation of the carrier.
2. In order to properly write down the damage report, it is recommended to put the date of receipt of the consignment, damage report and writing the report. In addition, you should describe the condition of the packaging of the received Goods. Correctly written protocol will allow you to efficiently determine the circumstances of damage to the shipment and file a claim with the carrier. After writing down the damage report, you should immediately contact the Seller by sending an e-mail to info@lemonbike.eu with a description of the circumstances. This will speed up the process of shipping new Goods to the Buyer.
3. The Buyer may refuse to accept a damaged shipment. In this case, the Seller should be informed by directing an e-mail to info@lemonbike.eu with a description of the circumstances. This will speed up the process of shipping new Goods to the Buyer.
4. If the Buyer has problems with the possibility of checking the Goods or preparing a damage report in the presence of the carrier, it is recommended to immediately inform the Seller about the situation by directing a message to info@lemonbike.eu.
5. The Seller is responsible for the safety of the shipment until the ordered Goods are released to the Buyer. The concept of shipment safety includes: deterioration of the Goods, loss of shipment.
IX. RETURN OF PURCHASED GOODS (WITHDRAWAL FROM THE CONTRACT)
(1) A Buyer with the status of a Consumer or Individual Entrepreneur may withdraw from the contract of sale of Goods purchased from the Seller without giving any reason. The time limit for withdrawal from the contract without stating any reason is 14 days, counting from the date of entering into physical possession of the Goods by the Buyer.
2. In order to comply with the time limit referred to in paragraph 1, it is necessary to send a statement before the expiry of the discussed time limit.
3. Withdrawal from the contract of sale of the Goods ordered at the Seller, takes place through a statement made by the Buyer. This statement can be made using the form, which is available in the "Returns", "Returns handling" tab of the store. It is noted that it is not obligatory to use the provided statement, in order to withdraw from the contract of sale it is necessary to make an unambiguous statement drawn up by the Buyer.
4. The completed statement in the form of a permanent electronic medium (e.g. a document of the pdf type) can be sent to the e-mail address of the Seller: info@lemonbike.eu or by letter via mail or courier service to the address: Lemonbike, 41-710 Ruda Śląska, 1 May 276.
5. In accordance with the applicable regulations, the Buyer is not entitled to withdraw from the contract without giving a reason, if the subject of the performance is an item produced according to the specifications of the Buyer or used to meet individualized needs - Goods not in the presented collection of Goods available in the Store.
6In case of withdrawal from the contract without giving any reason, the Buyer is obliged to return the purchased Goods to the Seller within 14 days to the address which is indicated in the form of withdrawal from the contract on the sub-page of the Store "Returns", "Returns handling". In order to meet the deadline, the Goods must be returned before its expiration.
7. The Buyer shall bear the direct cost of returning the Goods in the amount of the fee for sending the parcel with the Goods by courier or other means of transport of choice.
8. In the case of return of the Goods for the purpose of withdrawal from the sales contract, referred to in paragraph 1, in accordance with applicable regulations, the Buyer shall be liable for any diminution in the value of the Goods, resulting from their use beyond visual inspection of the product, allowing to determine the characteristics of the Goods - that is, operational activities beyond visual inspection of the product in a stationary store, affecting the condition of the Goods identified as new and unused.
9. The Seller shall return to the Buyer all payments made within 14 days from the date of receipt of the declaration of withdrawal from the sales contract. Refund of payments will be made by the same payment method used by the Buyer or by another method not involving additional costs (e.g. bank transfer), if the Buyer has agreed. The right to return the reduced amount is reserved, if there has been a reduction in the value of the Goods referred to in paragraph 8.
10. Buyers or Individual Entrepreneurs who do not have the status of a Consumer do not have the right to withdraw from the contract referred to in paragraph 1. In this case, the rules and deadlines for withdrawal from the contract regulated by the provisions of the Civil Code apply.
X. COMPLAINT - CONSUMER WARRANTY
1. the Seller is responsible for defects of the Goods under the rules set forth in generally applicable laws, including the provisions of the Civil Code.
2. the Seller is responsible for non-compliance of the Goods with the contract if a physical defect of the Goods is found within 2 years from the date of issue of the Goods to the Buyer. Applies to new and used Goods.
3. The Buyer may file a claim for non-compliance of the Goods with the contract (report a defect in the goods), among others, via e-mail by sending information to the e-mail address info@lemonbike.eu, by completing an interactive form on the website www.evanlite.com/warrantyservice/lemonservice/ or in writing by directing a message to the address of the Seller: Lemonbike, 41-710 Ruda Śląska, ul. 1 maja 276.
4. Buyer in the content of the notification should provide the following information, which is not necessary, but may speed up the complaint process: contact information of the Buyer, description of the defect and how it appeared, Buyer's demands, the basis of Buyer's claims (consumer warranty, guarantee), photocopy or number of the fiscal document of purchase (receipt, invoice).
5 The Buyer may contact the Seller via e-mail at info@lemonbike.eu in order to determine the details of delivery of the Goods to the Seller.
6In case of acknowledgment of a defect in the Goods, in accordance with applicable law, the Goods should be repaired or replaced in the first place. If repair or replacement of the Goods is not possible, the Buyer shall have the right to demand a reduction in price or withdraw from the contract of sale. The Seller shall, within 14 days, refund the funds due to the data indicated by the Buyer.
7. If the Seller has not responded to the Buyer's demand under the complaint of the Goods (non-compliance of the Goods with the contract) within 14 days, it is considered that the demand is justified.
XI. MANUFACTURER'S WARRANTY
1. selected products are extended with a manufacturer's warranty. This type of information appears in the presented description of the Goods on the site. The Buyer may exercise his/her right to warranty with the Seller via a warranty claim: by contacting at the email address info@lemonbike.eu
2. Warranty conditions and entitlements are available in the warranty document attached to the Goods.
3. The Buyer has the right to warranty entitlements independently of the warranty entitlements.
XII. PROTECTION OF PERSONAL DATA
1. personal data administrator of persons using the Store is the Seller - Lemonbike.eu Gabriela Fabian, company headquarters 44-120 Pyskowice, Armii Krajowej 5.
2. providing personal data by persons using the Store, especially Buyers is voluntary. It is stipulated that providing personal data may be necessary for the proper functionality of the Store and the proper process of Orders.
3. In accordance with generally applicable regulations, it is informed that the Seller shall make personal data available to third parties only when it is permissible.
4.Recipients of shared personal data may include: payment operators, courier companies, the entity responsible for hosting the Store, banks, partner services, law firms and debt collection companies, entities engaged in the administration of the Store and providing web tools for the operation of the Store.
5. Information on personal data and privacy protection of Buyers is detailed in the "Privacy Policy" tab available on the Store's website.
XIII. FINAL PROVISIONS
(1) For matters not covered or not regulated by these Regulations, the provisions of generally applicable law shall apply.
(2) In the event of a contradiction between the Regulations and applicable laws, the provisions of applicable law shall take absolute precedence. The Regulations do not limit the Buyer's rights under mandatory provisions of law.
3. The Regulations are a publicly available document in electronic form, visible in the "Site Regulations" tab of the Store at https://lemonbike.eu/regulamins/
4. The Seller has the right to change the provisions of the Regulations and appendices to the Regulations for important reasons, which are considered to be: change of applicable laws, change of the profile of the Seller's business, change of the functionality of the Store, change of performance of services through the Store. Archival versions of the Rules and Regulations can be seen in the "Site Rules" tab.
5. Archival versions of the Rules and Regulations are available at https://lemonbike.eu/wp-content/uploads/2023/12/reg.pdf
5. To contracts concluded before the amendment of the regulations, the provisions of the regulations in the wording from the date of conclusion of the contract shall apply. Amendments to the regulations do not affect the rights acquired by the Buyers.