REGULATIONS FOR USING THE ONLINE SHOP

§ 1 GENERAL PROVISIONS

1.1

1. These Terms and Conditions define the mutual rights and obligations of the parties arising from the use of the online shop located at: https://www.kellysbike.com and the rights and obligations of the parties arising from the sales contract concluded via the online shop.

1.2

2. The Seller may change the content of the Terms and Conditions at any time for important reasons. This change does not affect the rights and obligations of the parties arising during the period of validity of the previous Terms and Conditions. The Buyer will be informed about the change of the Terms and Conditions and its scope via the website, before the changes come into force.

1.3

3. The Terms and Conditions are available on the website https://www.kellysbike.com//, and the Buyer has the option to read the Terms and Conditions and download a copy. The Terms and Conditions are also delivered to the Buyer together with the Acceptance and invoice to their e-mail address.

§ 2 PARTIES AND TYPES OF SALES AGREEMENTS

2.1

For the purposes of these Terms and Conditions, the Seller is Kellys Sp. z o.o., Sportowa 6N/2, 55-200, Oława, registered in the National Court Register by the District Court for Wrocław - Fabryczna in Wrocław under KRS number: 00000107910, e-mail address: infopl@kellysbike.com.

2.2

The Buyer may be a natural person, legal person or organisational unit granted legal personality by law.

2.3

The primary means of communication between the Seller and the Buyer is the Internet, in particular email.

2.4

By accepting the Terms and Conditions, the Buyer undertakes to comply with them and to use the Shop in a manner consistent with its intended purpose.

2.5

Only adults with full legal capacity are permitted to use the shop.

§ 3 USER ACCOUNT

3.1

By registering in the online shop, the Buyer gains access to a user account through which they can place orders (Account).

3.2

When registering or making a purchase in the online shop, the Buyer is obliged to provide true and correct data and to update it if it changes. For the purposes of using the online shop and concluding and performing the sales contract, the information provided by the Buyer in the user account is considered correct.

3.3

Access to the account is secured by a username and password. The buyer is obliged to keep the username and password for accessing the account secret. The seller is not liable for any breach of this obligation by the buyer.

3.4

The buyer shall prevent third parties from using the account.

3.5

The buyer may use the account in their own name. Using the account in the name of or for the benefit of a third party means that the buyer has a valid power of attorney to act on their behalf. The buyer shall be liable under civil and criminal law for acting on behalf of or for the benefit of third parties without a valid power of attorney or exceeding its limits.

3.6

The Buyer acknowledges that the Account may not be available at all times, in particular due to the need to carry out hardware and software maintenance necessary for the proper functioning of the service.

3.7

To use the online shop, the Buyer must meet the following technical requirements: a computer with Internet access and an installed web browser supporting the HTML 5 standard and enabled cookies in the browser.

3.8

The buyer can submit complaints regarding the operation of the online shop by email to: infopl@kellysbike.com Complaints will be considered within 14 days of receipt.

§ 4 CONCLUSION OF THE CONTRACT

4.1

The seller shall publish a catalogue of the goods offered for sale in the online shop, including the prices of the individual goods. The offer to sell the goods and the prices of the goods shall remain in force as long as they are displayed in the online shop. The seller does not guarantee the availability of the goods listed in the catalogue. The catalogue of goods does not constitute an offer but an invitation to conclude a contract (Section 71 of the German Civil Code).

4.2

To order goods in the online shop, a registered and logged in Buyer should click on the ‘Add to basket’ button next to the selected item. Then, after clicking on the ‘Order’ button, the Buyer will receive an order form, which consists of four stages: In the first step, the buyer enters a valid billing and shipping address. In the second step, the buyer chooses a delivery method. In the third step, the buyer chooses a payment method for the ordered goods. In the fourth step, the buyer agrees to be bound by the terms and conditions and finally confirms the order by clicking on the ‘Confirm order’ button.

4.3

Placing an order is equivalent to an offer to conclude a sales contract. The sales contract is concluded when the Seller sends the Buyer an order acceptance (Acceptance) upon its receipt. The Acceptance is sent to the e-mail address that the Buyer uses to log in to the online shop.

4.4

The Acceptance contains the order number, the date and time of the order, the method and date of payment, the subject of the order - the selected goods and their price, the delivery method and the billing address. The Acceptance also includes an invoice and the Terms and Conditions.

4.5

The contract is concluded by means of technical equipment for distance communication. Each party bears the costs of the contract conclusion themselves.

§ 5 DELIVERY OF GOODS

5.1

Goods shall be delivered as follows: If the purchased item is a bicycle, it shall be delivered to the Buyer exclusively via the retail outlets selected by the Buyer when placing the order; If the purchased item is a bicycle accessory, it shall be delivered to the Buyer via a carrier to the Buyer's address as specified in the order; If a bicycle and a bicycle accessory are purchased at the same time, the delivery of the ordered goods takes place in the same way as the delivery of the bicycle.

5.2

The delivery time for the bicycle to the point of sale is 3-14 working days. The buyer will be informed about the possibility and date of collection of the bicycle.

5.3

Accessories will be delivered within 2-14 days if they are not purchased together with the bicycle.

5.4

Bicycles are delivered with an operating manual and a warranty card.

5.5

If the goods need to be delivered again due to the fault of the buyer, the buyer shall bear the costs associated with the new delivery.

5.6

After receiving the ordered goods, in order to determine the nature, characteristics and functioning of the goods, the Buyer, who is a consumer, should handle and inspect the goods only in the same way as he or she could do in a shop.

§ 6 PRICE AND PAYMENT TERMS

6.1

The price includes VAT. The price does not include shipping, which is 12.00 PLN. If the buyer chooses cash on delivery, an additional service charge of 5.00 PLN will be added

6.2

The buyer can pay for the goods in the following ways: cash on delivery, if they have only purchased accessories, and will pay the price after receiving the goods from the carrier by credit card using the Przelewy24 online payment system, if the goods are bicycles or bicycles and bicycle accessories together. The seller shall not be liable for any damages incurred by the buyer in connection with the use of the payment system.

6.3

Together with the purchase price, the buyer shall pay the shipping fee referred to in paragraph 1 of this clause.

6.4

In the case of cash on delivery, the purchase price and shipping costs are due upon receipt of the goods.

6.5

In the case of payment via an online payment system, the purchase price is due upon receipt of the payment by the seller.

6.6

The seller is a VAT payer. The seller sends a VAT invoice electronically to the buyer's email address, together with the Acceptance and Terms and Conditions.

§ 7 WITHDRAWAL FROM THE CONTRACT

7.1

The Buyer, being a consumer, has the right to withdraw from the contract within 14 days from the date of receipt of the goods.

7.2

The provisions concerning the use of the right to withdraw from the contract can be found in Appendix 1 to these Terms and Conditions. The Appendix constitutes an integral part of the Terms and Conditions and is binding for the parties.

7.3

In the event of withdrawal from the contract by the Buyer, the Buyer shall be liable for any reduction in the value of the item resulting from use of the item in a manner other than was necessary to establish the nature, characteristics and functioning of the item. In such a situation, the Seller may demand that the Buyer remedy the damage by paying an amount corresponding to the reduction in the value of the item.

§ 8 WARRANTY AND LIABILITY

8.1

The warranty period for products purchased in the online shop is 24 months from the date of sale.

8.2

When purchasing a bicycle, the Buyer will receive a warranty card. If bicycle accessories are purchased, the warranty is confirmed on the invoice.

8.3

The seller guarantees the good quality and proper functioning of the equipment, provided that it is used as intended. The guarantor is the seller, i.e. the company that sold the bicycle.

8.4

The seller is obliged to hand over the bicycle to the buyer in full working order, adjusted and ready for immediate use.

8.5

It is the seller's responsibility to check that all components of the bicycle are in proper working order. The manufacturer is not liable for any injury or damage caused by improper servicing or inadequate maintenance after the goods have been dispatched, i.e. inadequate pre-sale servicing in the shop.

8.6

The seller is obliged to deliver a product free of defects. The buyer is obliged to inspect the delivered goods immediately upon receipt and to notify the seller in writing of any defects found no later than three days from the date of receipt. After the expiry of the above-mentioned period, the Seller shall not recognise the Buyer's warranty claims for obvious defects if they could and should have been detected with due care during the initial examination.

8.7

During the warranty period, all defects caused by material defects, hidden defects and poor installation will be repaired free of charge.

8.8

Adjustments, tightening and maintenance (e.g. not tightening the cranks to the bottom bracket axle, improper storage, etc.) are not considered warranty repairs.

8.9

If a part needs to be replaced, the Guarantor will provide it in the colour suitable for the bike's specifications or a universal colour.

8.10

The warranty applies only to KELLYS equipment purchased from a KELLYS bike distribution point.

8.11

We recommend using only original spare parts. The use of non-original spare parts can cause faults and even lead to damage to the bicycle.

8.12

The warranty card is part of the product's equipment, including the factory number entered. It is the only proof of the user's warranty rights. It is in the user's interest to keep the warranty card in a safe place so that it does not get lost.

8.13

The user is responsible for performing all maintenance, adjustments and repairs to all parts of the bicycle as described in the bicycle's user manual;

8.14

It is recommended that the bicycle undergoes a warranty inspection at a professional bicycle workshop within 14 to 30 days of purchase.

8.15

In the case of purchasing only bicycle accessories, the Buyer is obliged to send a written complaint to the Seller's address, together with a description of the reason for the complaint and a copy of the invoice. The Buyer will be notified of the result of the complaint investigation at the e-mail address provided in their user account.

8.16

In the case of purchasing a bicycle or a bicycle and accessories, the Buyer is obliged to submit a complaint at the retail outlet where they collected the goods, presenting the invoice and warranty card at the same time.

8.17

Complaints shall be processed within 30 days of receipt by the Seller or the point of sale. In the event of a justified complaint, the warranty shall be extended by the time taken to process the complaint and remedy the defect.

8.18

The seller shall not be liable under the warranty for defects in the bicycle resulting from improper assembly of the purchased bicycle. The buyer shall forfeit the warranty rights if the bicycle has not been assembled by a specialised bicycle service centre.

8.19

In order to maintain warranty rights, the Buyer is obliged to have the bicycle professionally inspected after every 500 km travelled, but at least once a year, which should be noted on the warranty card. The seller shall not be liable under the warranty for defects in the bicycle if the buyer fails to fulfil this obligation.

8.20

The seller shall not be liable under the warranty if the buyer stores the goods in unsuitable conditions (e.g. high levels of dust or humidity).

8.21

In all matters not covered by the warranty terms, the provisions of the Civil Code shall apply.

8.22

The warranty does not exclude, limit or suspend the Buyer's rights arising from the non-conformity of the goods with the contract, as referred to below.

THE WARRANTY DOES NOT COVER DEFECTS CAUSED BY:

Due to the user's fault - damage to the product caused by improper use contrary to the instructions for use (e.g. excessive extension of the seat post from the frame and the handlebar support from the fork, failure to tighten the pedals to the cranks, etc.), negligence in use and maintenance (e.g. cranks not being tightened to the bottom bracket axle, improper storage, etc.), damage caused by accidents, unprofessional repairs, damage caused by replacing parts with non-original parts that are incompatible with the bicycle's equipment, technical changes and modifications to the bicycle; including the normal wear and tear of rubber parts (e.g. tyres, inner tubes, shock absorber boots, etc.) as a result of mechanical damage caused by the everyday use of the bicycle (e.g. damage to the paintwork, wheel misalignment, etc.); as a result of natural wear and tear of the braking system (brake pads, brake discs, wheel rims, etc.) as a result of natural, constant wear and tear of the drive system (chain and all components in contact with it: crank and freewheel sprockets, rear derailleur pulleys); damage caused by an accident, unprofessional repair, damage resulting from the replacement of parts with non-original and incompatible parts, technical and design changes to the bike, including the normal wear and tear of rubber parts (e.g. tyres, inner tubes, shock absorber boots, etc.). THE WARRANTY IS VOID IN THE EVENT OF: the expiry of the warranty period; the user making design changes; failure to follow the rules for proper use contained in the bicycle's User Manual; repairs being carried out by an unauthorised workshop; the seller handing over and the buyer collecting a bicycle that is not ready for immediate use.

§ 9 LIABILITY FOR DEFECTS

9.1

The seller is liable to the buyer for physical and legal defects of the goods. If the buyer is a consumer and a physical defect of the goods is found within one year of the goods being handed over, it is presumed that the defect existed at the time of handover.

9.2

The seller is liable to the buyer if the item sold is the property of a third party or if it is encumbered by the right of a third party, as well as if the restriction in the use or disposal of the item results from a decision or ruling of a competent authority (legal defect)

9.3

If the sold item has a defect, the Buyer may make a declaration to reduce the price or withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective item with a non-defective one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect.

9.4

If the Buyer is a consumer, they may, instead of the defect removal proposed by the Seller, demand that the item be replaced with a defect-free one or, instead of replacing the item, demand that the defect be removed, unless bringing the item into conformity with the contract in the manner selected by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing the excessiveness of costs, the value of the item free of defects, the type and significance of the defect found, as well as the inconvenience to which the buyer would be exposed by another method of satisfaction are taken into account.

9.5

The Buyer may not withdraw from the contract if the defect is insignificant.

9.6

The Seller is obliged to replace the defective item with a defect-free one or to remove the defect within a reasonable time without excessive inconvenience to the Buyer.

9.7

A Buyer who exercises their rights under the warranty is obliged to deliver the defective item to the place specified in the sales contract at the Seller's expense, and if such a place is not specified in the contract, to the place where the item was delivered to the Buyer.

9.8

The Seller shall bear the costs of replacement or repair. In particular, this includes the costs of dismantling and delivery of the item, labour, materials, and reinstallation and commissioning.

9.9

If the Buyer, being a consumer, has demanded replacement of the item or removal of the defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within fourteen days, it is considered that the demand has been deemed justified.

§ 10 PERSONAL DATA

10.1

In connection with the content of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ EU. L No. 119, p. 1, in short: GDPR. The entity deciding how and for what purpose personal data is processed, i.e. the so-called data controller, has provided you with the information necessary to ensure the fairness and transparency of the processing of personal data.

10.2

Detailed information on the rules for the processing of personal data can be found at the following link: https://kellysbike.com/pl/info/politika-privatnosti

§ 11 FINAL PROVISIONS

11.1

The software and other elements of the online shop are protected by law. The buyer is obliged not to undertake any activities that would enable him or third parties to interfere with or make unlawful use of the software or other elements of the online shop.

11.2

In matters not covered by these terms and conditions, the relevant applicable laws shall apply, in particular the Civil Code, the Consumer Rights Act of 30.05.2014 and the Act on the Provision of Electronic Services of 18.07.2002.

11.3

The terms and conditions come into force on 01.01.2019 INFORMATION ON THE USE OF THE RIGHT OF WITHDRAWAL RIGHT OF WITHDRAWAL You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which you or a third party other than the carrier and indicated by you has taken possession of the goods. To exercise your right of cancellation, you must inform Kellys Sp. z o.o., Sportowa 6N/2, 55-200, Oława, registered in the National Court Register by the District Court for Wrocław - Fabryczna in Wrocław under number 107910, e-mail infopl@kellysbike. com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached cancellation form, but this is not mandatory. You can also fill in and submit the cancellation form or any other clear statement electronically on our website https://kellysbike. com/en/contact/ If you choose this option, we will immediately send you a confirmation of receipt of the cancellation on a durable medium (e.g. by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. CONSEQUENCES OF WITHDRAWAL If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of delivery method other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed of your decision to exercise the right to withdraw from this contract. We will refund you using the same payment method you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with such refund. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Please return or transfer the goods to us immediately and, in any case, no later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period has expired. You will have to bear the direct cost of returning the goods. The amount of these costs is estimated at a maximum of approximately 25 euros. You are also responsible for the cost of packaging and protecting the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.