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Terms and Conditions
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General Terms and Conditions

General Terms and Conditions

ONLINE SHOP REGULATIONS

TABLE OF CONTENTS

  • GENERAL PROVISIONS
  • ELECTRONIC SERVICES IN THE ONLINE SHOP
  • CONDITIONS FOR CONCLUDING A SALES CONTRACT
  • METHODS AND DATES OF PAYMENT FOR THE PRODUCT
  • THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
  • COMPLAINT HANDLING PROCEDURE
  • EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
  • THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
  • PROVISIONS CONCERNING ENTREPRENEURS
  • TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
  • PRODUCTS REVIEWS
  • FINAL PROVISIONS
  • MODEL WITHDRAWAL FORM

 

These Online Shop Regulations have been prepared by the lawyers of Prokonsumencki.pl. The Online Shop www.gmotoshop.co.uk takes care of consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favourable to the consumer than those of the Consumer Rights Act are invalid; in their place, the provisions of the Consumer Rights Act apply. Therefore, these Regulations do not exclude or limit any consumer rights granted by mandatory provisions of law, and any doubts should be resolved in favor of the consumer. In the event of non-compliance of these Regulations with the above provisions, priority is given to those provisions, which must be applied.

• GENERAL PROVISIONS

  • (1) The Online Shop available at www.gmotoshop.co.ukl is run by Paweł Cebulak, conducting business under the name GMOTO. PAWEŁ CEBULAK, registered in the Central Registration and Information on Business of the Republic of Poland operated by the Minister of Economy.

    • Business address and delivery address: Tadeusza Kościuszki 78, 37-100 Łańcut, Poland
    • Tax Identification Number (NIP): 8151750134
    • National Economy Register Number (REGON): 180440676
    • Email: [email protected]
    • Telephone: +48 17-247-22-20

  • (2) These Regulations are addressed both to consumers and entrepreneurs using the Online Shop, unless a specific provision states otherwise.

  • (3) The Controller of personal data processed in the Online Shop in connection with these Regulations is the Seller. Personal data are processed under the rules described in the privacy policy published on the Online Shop website. The policy contains information on the legal basis, purposes, and period of data processing, as well as the rights of data subjects and details on the use of cookies and analytical tools. Provision of personal data, as well as use of the Online Shop (including making purchases), is voluntary—except for cases indicated in the privacy policy (e.g., conclusion of a contract or fulfillment of statutory duties by the Seller).

  • (4) Definitions (selected key terms):

    • ACCOUNT – An Electronic Service comprising a set of resources in the Service Provider’s IT system, marked with an individual login and password, where user data and information about Orders placed in the Online Shop are collected.
    • BLOG – An Electronic Service that provides an online blog where entries about the Provider’s activities and Products are posted.
    • BUSINESS DAY – A day from Monday to Friday, excluding public holidays.
    • CIVIL CODE – The Polish Civil Code Act of April 23, 1964 (Dz.U. 1964 nr 16, poz. 93, as amended).
    • CONSUMER RIGHTS ACT – The Polish Act of May 30, 2014, on consumer rights (Dz.U. 2014 poz. 827, as amended).
    • CONTACT FORM – An Electronic Service consisting of an interactive form enabling direct contact with the Seller.
    • CUSTOMER – (1) A natural person with full legal capacity, or (in cases provided by law) a natural person with limited legal capacity; (2) A legal person; or (3) An organizational unit without legal personality granted legal capacity by law—who has concluded or intends to conclude a Sales Contract with the Seller.
    • ELECTRONIC SERVICE – A service provided electronically by the Service Provider to the Service User via the Online Shop.
    • NEWSLETTER – An Electronic Service in the form of an email distribution service provided by the Service Provider, enabling all Service Users who use it to automatically receive periodic newsletter content about Products, new editions, or promotions.
    • ONLINE SHOP – The online shop of the Service Provider, available at www.gmotoshop.co.uk.
    • ORDER – A Customer’s declaration of intent submitted through the Order Form, aiming directly at concluding a Product Sales Contract with the Seller.
    • ORDER FORM – An Electronic Service in the form of an interactive form on the Online Shop, enabling placement of an Order by adding Products to a basket and defining Sales Contract terms (delivery method, payment, etc.).
    • PRODUCT – (1) A movable item, including one with digital elements (i.e., containing or connected to digital content or a digital service in such a way that the lack thereof would prevent its proper functioning), being the subject of a Sales Contract between the Customer and the Seller.
    • REGISTRATION FORM – A form available in the Online Shop used to create an Account.
    • REGULATIONS – These regulations of the Online Shop.
    • SELLER / SERVICE PROVIDER – Paweł Cebulak, running a business under the name GMOTO. PAWEŁ CEBULAK (details above).
    • SALES CONTRACT – (1) A contract of sale (in the case of movable items or movable items with digital elements), (2) A contract for the supply of a Product (digital content or a digital service), or (3) A contract for the provision or use of a Product (in the case of a service other than digital or other Products), concluded or being concluded between the Customer and the Seller through the Online Shop.
    • SERVICE USER – (1) A natural person with full or limited legal capacity (in accordance with applicable laws), (2) A legal person, or (3) An organizational unit without legal personality granted legal capacity—using or intending to use an Electronic Service.

• ELECTRONIC SERVICES IN THE ONLINE SHOP

  • (1) The Online Shop provides the following Electronic Services: Account, Blog, Contact Form, Order Form, and Newsletter.

    • Account – Use of the Account requires two steps: (1) filling out the Registration Form, and (2) clicking the “REGISTER” button. Required data include name, surname, address, contact phone, email, and password. For non-consumer Customers, a company name and tax ID can also be provided. An Account can also be created by selecting “CREATE ACCOUNT” during an Order placement.
      • This Electronic Service (Account) is provided free of charge for an indefinite period. The Service User may delete the Account at any time by sending a request to the Service Provider (e.g., by email).
    • Blog – Viewable by going to the “Blog” tab. The blog is publicly available without requiring any data submission.
    • Contact Form – Use begins by navigating to “Write to us,” filling out the form, and clicking “Save.” Required data include an email address and a message. Once the form is submitted, the service ends.
    • Order Form – Use begins when the first Product is added to the basket. Placing an Order requires completing the Order Form and clicking “Order and pay.” Until that point, you can modify data. Required data include Product(s), quantity, delivery address, payment method, etc.
    • Newsletter – Subscribing can occur when creating an Account (by checking the appropriate box) or by providing an email address in the Newsletter field on the Online Shop home page and clicking “SUBSCRIBE.” Unsubscription is possible at any time.

  • (2) Technical requirements for using the Online Shop:

    • A computer or multimedia device with internet access,
    • Email access,
    • An up-to-date web browser (Firefox, Internet Explorer, Opera, Chrome, Safari, or Microsoft Edge),
    • Minimum screen resolution: 1024×768,
    • Cookies and JavaScript enabled in the browser.

  • (3) The Service User must use the Online Shop in accordance with the law and good customs, respecting personal rights, copyrights, and the intellectual property of both the Service Provider and third parties. Providing unlawful content is prohibited.

  • (4) Complaints concerning Electronic Services are handled according to section 6 of these Re

• CONDITIONS FOR CONCLUDING A SALES CONTRACT

  • (1) A Sales Contract between the Customer and the Seller is concluded once the Customer places an Order using the Order Form (in line with clause 2.1.2) and the Seller confirms acceptance.

  • (2) Prices on the Online Shop website are in Polish zlotys (PLN) and include taxes. The Customer is informed of the total value of the Order (including delivery) on the website when placing an Order and upon expressing the will to conclude a Sales Contract.

  • (3) After placing an Order, the Seller immediately confirms receipt and acceptance by sending an email to the address provided with the Order. The email contains confirmation of the Sales Contract. Once the Customer receives this email, the Sales Contract is concluded.

  • (4) The content of the concluded Sales Contract is stored and secured by (1) making these Regulations available on the Online Shop website, and (2) sending the email mentioned in point (3) above. The contract content is also recorded in the Seller’s IT system

• METHODS AND DATES OF PAYMENT FOR THE PRODUCT

  • (1) The Seller provides the following payment options under the Sales Contract:

    • • Cash on delivery
    • • Cash payment upon personal collection
    • • Bank transfer to the Seller’s account
    • • Electronic payments (via BLIK, GooglePay, PayPal, Przelewy24.pl)—all current methods are listed on the Online Shop site and at the respective providers’ websites
    • • Credit card payments (Mastercard, Visa)
    • • Installment payments (provided by ALIOR BANK S.A. or PAYPO Sp. z o.o.)

  • (2) Payment deadlines:

    • • If paying by bank transfer or electronic payment, the Customer must pay within 7 calendar days of concluding the Sales Contract.
    • • If paying by cash on delivery or upon personal collection, payment is made when the Product is delivered or collected

• THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT

  • (1) Product delivery is available in the Republic of Poland and European Union Member States.

  • (2) Delivery may be subject to fees unless otherwise stated in the Sales Contract. Costs (transport, postal, courier, etc.) are indicated on the Online Shop website and during Order placement.

  • (3) Personal collection by the Customer is free of charge and available at Tadeusza Kościuszki 78, 37-100 Łańcut, Poland (Mon–Fri 8:30–17:00, Sat 8:30–12:00).

  • (4) Available delivery/collection methods may include:

    • • Postal parcel (cash on delivery or pre-paid)
    • • Courier service (cash on delivery or pre-paid)
    • • Parcel locker shipment
    • • Pallet shipment

  • (5) Delivery timelines for Poland are up to 10 business days (unless a shorter period is specified). The timeline starts:

    • • For bank transfer/electronic/credit card payment: on the day the Seller’s account is credited.
    • • For cash on delivery: from the day the Sales Contract is concluded.
    • • For installment payments: from notification by the creditor that financing was granted.

  • (6) Delivery timelines for other EU Member States (except Poland) are up to 15 business days (unless a shorter period is specified). The same counting rules as in point (5) apply.

  • (7) If the Customer chooses personal collection, the Product will be ready within 10 business days (unless stated otherwise). The start date is determined as in point (5). The Seller will inform the Customer when the Product is ready for pickup.

• COMPLAINT HANDLING PROCEDURE

  • (1) This section (6) defines the procedure for all complaints addressed to the Seller, concerning Products, Sales Contracts, Electronic Services, or other aspects of the Online Shop.

  • (2) Complaints may be submitted:

  • (3) Products may be sent/returned under complaint to ul. Tadeusza Kościuszki 78, 37-100 Łańcut.

  • (4) It is recommended (but not mandatory) to include in the complaint: (1) information on the type/date of irregularities, (2) demands (e.g., repair, refund), and (3) contact details. This facilitates processing.

  • (5) If contact details change during the complaint process, the complainant should inform the Seller.

  • (6) The complainant may include relevant evidence (photos, documents, the Product). The Seller may request additional information (e.g., pictures) if it speeds up processing.

  • (7) The Seller will respond to the complaint promptly, within 14 calendar days from receipt.

  • (8) The Seller’s statutory liability is defined by generally applicable laws, including the Civil Code, Consumer Rights Act, and relevant electronic services legislation. Additional details on non-compliance claims are provided for Products purchased after Jan 1, 2023, under the updated Consumer Rights Act.

  • (9) A commercial (additional) warranty may apply if offered by the manufacturer or distributor. If non-compliance exists, the Customer retains statutory rights under the law, regardless of warranty coverage.

  • (10) Provisions regarding consumers in section 6.8.2 also apply to certain entrepreneurs operating under a sole proprietorship if the contract is not professional in nature, based o

• EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

  • (1) Out-of-court dispute resolution may include:

    • • Mediation (reconciling positions)
    • • Conciliation (proposing a solution)
    • • Arbitration (an independent body imposing a binding resolution)
    • Detailed information is available on the Polish Office of Competition and Consumer Protection (UOKiK) website: https://polubowne.uokik.gov.pl/.

  • (2) There is a contact point at UOKiK to provide consumers with information on extrajudicial dispute resolution:

    • • Phone: +48 22 55 60 332 or +48 22 55 60 333
    • • Email: [email protected]
    • • In writing or in person: Plac Powstańców Warszawy 1, 00-030 Warsaw, Poland

  • (3) A consumer may, for example, apply to:

    • • A permanent amicable consumer court
    • • A voivodeship inspector of the Trade Inspection
    • • The district (municipal) consumer ombudsman or relevant NGOs (Consumer Federation, Polish Consumers Association)

  • (4) An EU-wide platform (ODR platform) for online dispute resolution is available at http://ec.europa.eu/odr.

• THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  • (1) A consumer who has concluded a distance contract may withdraw within 14 calendar days without giving any reason or incurring costs, except those listed in point 8.8. To meet the deadline, the consumer must send a withdrawal statement before expiry. Such a statement may be submitted:

  • (2) Returns of Products (movable items with or without digital elements) under withdrawal should be sent to ul. Tadeusza Kościuszki 78, 37-100 Łańcut.

  • (3) An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and in section 11 of these Regulations. Using it is optional.

  • (4) The 14-day period starts when the consumer or a third party (other than the carrier) takes possession of the Product. If multiple Products arrive separately, it starts after the last Product is received. For contracts involving periodic deliveries, it starts after receipt of the first Product; for other contracts, it starts on the contract conclusion date.

  • (5) In case of withdrawal, the contract is deemed null and void.

  • (6) For Products (movable items, including those with digital elements):

    • • The Seller will refund payments (including initial delivery) within 14 calendar days after receiving the withdrawal statement (but may withhold if the Product has not yet been returned or no proof of return was provided).
    • • The consumer must return the Product within 14 calendar days from withdrawal.
    • • The consumer is liable for any diminished value resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

  • (7) Possible costs for the consumer include:

    • • The difference in cost if a more expensive delivery method was chosen than the cheapest available.
    • • Direct costs of returning the Product.
    • • Payment for any service performed at the consumer’s express request before withdrawal.

  • (8) The right of withdrawal may not apply to certain contracts listed in the Consumer Rights Act (e.g., custom-made items, quickly perishable goods, sealed hygiene products once opened, etc.).

  • (9) From January 1, 2021, these consumer withdrawal provisions also apply to certain sole proprietors if the contract is not professional in nature, based on CEIDG data.

• PROVISIONS CONCERNING ENTREPRENEURS

  • (1) Section 9 and its provisions apply only to Customers/Service Users who are not consumers (and, from Jan 1, 2021, also those who are not natural persons concluding contracts related to a business that is not professional in nature).

  • (2) The Seller may withdraw from a Sales Contract within 14 calendar days of conclusion without stating a reason, with no claims arising from the Customer.

  • (3) The Seller’s liability under the warranty or for non-compliance of the Product with the Sales Contract is excluded for business customers (unless otherwise stated).

  • (4) The Seller will respond to a complaint within 30 calendar days of receipt.

  • (5) The Seller may limit available payment methods or demand prepayment, regardless of the chosen method or the fact that the Sales Contract has been concluded.

  • (6) The Service Provider may terminate an Electronic Service contract immediately and without reason, by sending a statement to the Service User.

  • (7) The Service Provider’s liability to the Service User/Customer is limited to the price paid plus delivery costs, not exceeding one thousand zlotys (PLN). The Provider/Seller is only liable for typical, foreseeable damage at the time of contract conclusion and is not responsible for lost profits or transport delays.

  • (8) Disputes between the Seller/Service Provider and a Customer/Service User who is not a consumer shall be submitted to the court with jurisdiction over the Seller/Service Provider’s registered office.

• FINAL PROVISIONS

  • (1) Contracts via the Online Shop are concluded in Polish/English.

  • (2) Changes to the Regulations:

    • • The Service Provider may amend these Regulations for valid reasons (e.g., changes in law, payment/delivery methods, new Electronic Services, unforeseen threats needing rapid action, etc.).
    • • Notification of proposed changes is sent at least 15 days before they take effect, except in cases of immediate legal or security obligations.
    • • For continuous contracts (e.g., Account), the Service User may terminate if they do not accept changes. For one-time contracts (e.g., Sales Contract), changes do not affect previously concluded agreements.
    • • If new fees are introduced or existing ones raised, the consumer may withdraw from the contract.

  • (3) As a distributor of equipment under the Polish Act on Waste Electrical and Electronic Equipment (2015, item 1688, as amended), the Seller informs:

    • • It is forbidden to discard electrical/electronic waste with other waste.
    • • The Seller must collect household electrical/electronic waste free of charge if it is of the same type and function as the sold equipment.
    • • Customers can request the Seller collect used household equipment when delivering new equipment, if it is of the same type and function. The used equipment must be complete and safely packaged for transport.
    • • If the used equipment is contaminated in a way that poses a health or safety threat, the Seller may refuse collection.
    • • A list of collection points is available in the BDO register at https://rejestr-bdo.mos.gov.pl/.

  • (4) In matters not covered by these Regulations, the generally applicable provisions of Polish law apply, including the Civil Code, the Act on Rendering Electronic Services (July 18, 2002), and the Consumer Rights Act, as well as other relevant laws.

  • (5) These Regulations do not exclude the applicable laws of the consumer’s country of residence if they offer greater protection. In such cases, those mandatory provisions take precedence.

• MODEL WITHDRAWAL FORM

(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form
(Complete and send this form only if you wish to withdraw from the contract)

  • Addressee:
    GMOTO. PAWEŁ CEBULAK
    Tadeusza Kościuszki 78, 37-100 Łańcut, Poland
    gmoto.pl
    [email protected]

  • I/we () hereby inform about my/our withdrawal from the Sales Contract concerning the following goods (), contract for the supply of the following goods (), contract for work involving the production of the following goods (), or contract for the provision of the following service (*):

  • Date of conclusion of the contract () / date of receipt ():

  • Name and surname of the consumer(s):

  • Address of the consumer(s):

  • Signature of the consumer(s) (only if the form is sent on paper):

  • Date:
    (* Delete as applicable)