- Administrator (also: Personal Data Controller) – meant as the following entity responsible for the processing and control of personal data: Electric Transport Group Sp. z o.o., Polna 42B, 42-622 Świerklaniec, POLAND, VAT ID: 8992809765.
- Web Portal - meant as the website and online shop of ElektryczneMonocykle.pl (also operating under the domains of: electricunicycles.eu, elektrycznemonocykle.pl, together with their respective SSL certificates), as well as the mobile app under the names of Electric Unicycles / Elektryczne Monocykle,
- Shop - meant as a part of the Web Portal allowing the User for submitting Orders,
- Cookies - small files that record page settings (e.g. the language version of the page), the action of logging in, etc., stored through one's Internet browser,
- Classic Registration - the process of creating a User account on the Web Portal with the use of at least a login and password,
- Facebook Registration - the process of creating a User account on the Web Portal via the website of Facebook.com,
- User - a natural / legal person or an organisational entity without a legal personality that has a registered account on the Web Portal, having been established either through the process of Classic or Facebook Registration,
- Customer - a natural / legal person or an organisational entity without a legal personality that has been granted legal capacity by specific provisions which submit their Orders within the scope of operational activity of the Shop,
- Order - the declaration of Customer's intent directly aimed at concluding a Sales Agreement, particularly specifying the kind and number of items relating to a given Product,
- Product - good(s) displayed in the Shop,
- Sales Agreement - a sales agreement of Products according to the provisions of the Civil Code, concluded between the Administrator and Customer through the Web Portal,
- Act on Consumer Rights - – the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827),
- Civil Code – the Act of April 23, 1964 (Journal of Laws no. 16, item 93, as amended),
- Terms of Service – the present Terms of Service, concerning the services provided via electronic means within the operational framework of the Web Portal and pursuant to article 8 of the Act on the Provision of Services by Electronic Means.
- 2.1. The Administrator shall operate with respect for the privacy and rights entitled to the Users of Web Portal. Special attention is paid to personal data protection of Internet users therein,
- 2.3. Under the provisions of section 6, item 1 of the Act, personal data stand for any information concerning an identifiable natural person or a natural person being capable for undergoing identification, such as names, surnames, addresses, e-mail addresses, phone numbers, data concerning purchasing patterns, demographical data, etc.,
- 2.4. The sole personal data undergoing collection and processing through the website is the data voluntarily provided by its Users,
- 2.5. One's personal data only serves the purposes of use that have been expressly consented to by its holders,
- 2.6. The User is always entitled to be given access to their personal data, as well as to be granted the right of having it corrected or erased,
- 2.7. User data is protected through the use of multiple encryption methods, the access to databases that has been secured by passwords as well as the data storage maintained on certified servers. The access passwords to user accounts (not applied in the case of accounts related to Facebook-related logging-in procedure) additionally undergo one-side encryption and it is not possible to read them. Access passwords to user accounts that have Facebook logging-in provided are not recorded (it is impossible to perform as the logging-in procedure is attributable to the website of Facebook in the case),
- 2.8. Classic account registration (with the use of a login and password) to the Web Portal requires having one's e-mail address confirmed,
- 2.9. The User that has been registered in a classic manner shall be informed of the possibility to subscribe to a newsletter together with a link confirming the correctness of their e-mail address provided. The User shall subscribe to the reception of self-selected information at the moment of when they click the link such delivered,
- 2.10. An e-mail message containing the confirmation link shall be sent within a few days after the moment of classic registration performed,
- 2.11. In the event of having the message ignored or failing to deliver it, the Administrator shall not send any newsletter to the e-mail address provided,
- 2.12. The Facebook Registration is tantamount to having one's e-mail address confirmed (the verification process is performed by the website of Facebook.com),
- 2.13. The User having their accounts registered through the Facebook Registration procedure gives their consent to the mailing of newsletter to the e-mail address ascribed to their Facebook accounts,
- 2.14. The User may disable the newsletter service at any moment through the settings of the Web Portal or by clicking the link present in each e-mail message of this kind,
- 2.15. The User data is not visible anywhere outside of the administration system where it serves the purpose of contacting the User in the case of any technical problems,
- 2.16. The Administrator is entitled to disclose the said personal data under the pressure exerted by law enforcement agencies, whenever it is unconditionally required by the provisions of applicable law, a court order or in connection with judicial proceedings,
- 2.17. The Administrator of Web Portal collects the personal data of its Users through:
- a) Forms - zawarte w Portalu formularze mogą być wypełnione przez użytkownika w celu skorzystania z oferty Portalu, wyszukiwania informacji lub wyrażania opinii.
- b) Cookies
- The Web Portal uses Cookie files to remember user settings, such as the selected language version of the website.
- Cookies are indispensable to perform the logging-in action to the Web Portal, being used in many processes within the structure of the website, such as writing posts and comments, performing the navigation of the online shop or making purchases from it.
- The Web Portal uses the payment processors of PayU and PayPal which may also create their own Cookie files. By using the Web Portal, the user also accepts the Cookie Policies of these companies.
- c) IP addresses - the Web Portal records the IP addresses of its users for the purpose of counting unique statistics of pages displayed which enhances the further development of the Web Portal.
- d) The exchange of e-mails, newsletter - the Web Portal records the information concerning the frequency of newsletter opening in order to only display the content that a given user may later find interesting. Any additional data provided by the user within the exchange of e-mails may also be recorded and processed, yet only and exclusively with their consent granted and to serve its intended purpose – e.g. to perform relevant complaint procedures.
3. General Provisions
- 3.1. The present Terms of Service particularly define:
- a) The rules of completing one's registration process and using their accounts on the Web Portal,
- b) The conditions and rules of performing an electronic booking of Products available through the framework of the Shop,
- c) The conditions and rules of submitting Orders via electronic means through the framework of the Shop,
- d) The rules of concluding Sales Agreements with the use of services performed through the operational framework of the Shop.
- 3.2. The use of Web Portal is possible on condition that the information and communication system used by the Customer responds to the following requirements of a technical nature:
- c) Chrome or Firefox mobile browsers,
- c) Having their minimum screen resolution set to 320x240 pixels.
- 3.3. In order to use the Online Shop, the Customer should gain access to a computer workstation or terminal equipment connected to the Internet on their own,
- 3.4. According to the applicable law, the Administrator reserves the right to limit the provision of services performed through the Shop to the persons at the age of 18 years old or older. In such an event, any prospective Customers shall be notified of it,
- 3.5. The information concerning Products, as displayed on the web pages of the Shop, particularly meant as their descriptions, technical and performance parameters, as well as prices, constitute an invitation to agreement conclusion, as under the provisions of section 71 of the Polish Civil Code.
- 4.1. The Administrator is entitled to deprive the Customer of the right to use the Shop, as well as to limit their access to a part or entirety of the resources contained on the Web Portal with immediate effect in the case of the Customer or User of the Web Portal having infringed the Terms of Service, and, particularly, if the Customer or User:
- a) have provided their data as false throughout the registration procedure, as well as with it determined as inaccurate, not up to date, misleading or having infringed the rights of third parties,
- b) infringed the personal rights of third parties, particularly meant as the personal rights of other Customers of the online shop, via the Web Portal,
- c) performed other actions that shall be regarded as inconsistent with the applicable law or general principles of the use of the Internet by the Administrator, as well as deemed as undermining the good reputation of the Administrator.
- 4.2. No person that has been deprived of the right to use the online shop shall be able to perform any re-registration there without previous consent of the Administrator,
- 4.3. In order to secure the safety of the transfer of communication and data that relate to the services performed within the operational framework of the Web Portal, the said Web Portal shall implement appropriate technical and organisational measures that comply to the level of threats to the safety of services performed, particularly meant as the measures aimed at the prevention of the interception and modification of personal data transferred through the Internet by unauthorised persons,
- 4.4. Each User and Customer is particularly obliged to:
- a) refrain from submitting and communicating any content that is forbidden by the abiding law, such as the content that promotes violence, is defamatory or infringes personal rights or other rights of third parties,
- b) use the Shop in a manner that does not disrupt its operation, particularly through refraining to use specific software or devices,
- c) refrain from such actions as the dissemination or placement of unsolicited commercial communications ("spam") on the Web Portal,
- d) use the Shop and Web Portal in a way that does not cause any inconvenience to other customers and the Administrator,
- e) use the entirety of content placed with regard to the Shop solely within the scope of own and personal use,
- f) use the Web Portal in a manner that complies with the regulations of law that is applicable in the territory of the Republic of Poland, the provisions of the Terms of Service, as well as the general principles of the use of the Internet.
5. Procedure of Concluding a Sales Agreement
- 5.1. In order to conclude a Sales Agreement through the Shop, one needs to visit the web page of the Web Portal, perform the selection of Products and accessories by completing successive technical actions based on the communications displayed to the Customer there, as well as the information available on the website,
- 5.2. The selection of Products ordered by the Customer is performed through adding particular items to the basket or with the step skipped through the selection of the "Purchase now" option.
- 5.3. While the Order is being submitted and prior to when the button "Order" becomes pressed, the Customer is given the possibility to modify the data entered, also with regard to the Products selected. To use the possibility, one needs to follow the communications displayed to the Customer on the website, as well as the information available there,
- 5.4. After the Customer using the Shop provides all the data necessary, there shall be the summary of their Order displayed to them. The said summary of Order submitted shall contain the information concerning:
- a) the subject of the Order and agreement,
- b) the unit and total price of products or services ordered, including the delivery price or additional expenses (if applicable),
- c) the selected payment method,
- d) the selected delivery means,
- e) the delivery time.
- 5.5. In order to have one's Order shipped, it is necessary to accept the provisions of the Terms of Service, provide one's personal data marked as obligatory and click the "Order Now under Payment Obligation" button,
- 5.6. Submitting the Order by the Customer constitutes their declaration of intent to conclude a Sales Agreement with the Administrator, as pursuant to the contents contained therein,
- 5.7. After the Order has been submitted, the Customer shall receive an e-mail message entitled: "The Confirmation of Placing an Order with ElectricUnicycles.eu Shop", containing an ultimate confirmation of the entirety of relevant parts of the Order,
- 5.8. The agreement shall be considered concluded at the moment of receiving the above-mentioned e-mail message by the Customer,
- 5.9. The Sales Agreement is concluded in English, having its content compliant with the Terms of Service.
- 6.1. The Delivery of Products through www.ElectricUnicycles.eu is limited to the territory of the European Union and it shall take place to the address indicated by the Customer while the Order is being submitted,
- 6.2. The delivery of Products ordered is performed through courier services or by means of personal collection. The delivery costs shall be indicated throughout the process of Order placing, and may vary depending on the Customer's location and delivery/payment method. The minimal delivery cost is EUR 9.90.
- 6.3. Delivery time:
- In the case of selecting the "Cash on delivery" option, the shipment of Products is executed within 24 h after the Order has been placed,
- In the case of selecting the option of delivery after an advance payment has been made (either by a bank transfer or debit/credit card transaction), the shipment of Products is executed within less than 24 h after the resources are booked on the bank account of the Administrator,
- In the case of selecting the option of payment in instalments, the shipment of Products is executed within 24 h after the Administrator receives the confirmation of granting such an option by its payment provider (PayU),
- If the Administrator is unable to guarantee the delivery time as complying with the above, the Customer shall receive a proper notification before the purchase is made,
- The delivery time provided by a given courier services company (DHL, DPD, UPS or K-EX) amounts to the range of 5 to 15 business days after the Product has been transferred by the Administrator. However, courier services companies reserve the right to prolong the delivery time in specific cases. In order to familiarize oneself with the exact conditions of shipment and transport of goods, one needs to acquaint themselves with the Terms and Conditions of particular carriers: DHL, DPD, UPS, K-EX. DHL, DPD, UPS, K-EX.
- 6.4. The recording, securing, granting access to and confirming the substantial resolutions of the Sales Agreement of Products to the Customer shall take place by providing the Customer with the confirmation, specification of their Order and payment confirmation document to the e-mail address they have indicated,
- 6.5. Any additional information, as well as FAQ sections related to the shipment and delivery may be found via this link.
7. Prices and Payment Methods
- 7.1. The prices of Products are expressed in the Euro currency (€ / EUR) by default and contain all the price components, including the potential presence of VAT (with the rate level separately indicated), duty and any other components,
- 7.2. The Customer has the possibility to select one of the following currencies: Euro (€ / EUR), Great Britain Pound (£ / GBP) or United States Dollar ($ / USD).
- 7.3. The Customer has the possibility to pay the purchase price through:
- a) the "Cash on delivery" option,
- b) a transfer made from any SWIFT/IBAN bank account (advance payment) within the European Union,
- c) a payment provided by the PayPal-operated system,
- d) an express transfer provided by the system run by PayU (advance payment),
- e) a payment made by a Visa or MasterCard debit / credit card. The card used shall be then debited with appropriate charges immediately after the Order has been placed (advance payment),
- f) PayU payment by instalments (after having been granted with such an option by PayU),
- g) a payment from one's PayU account.
8. The Right of Withdrawal
- 8.1. The Customer has the right to withdraw from the Agreement they have concluded within 14 days, and so without the necessity to specify any reasons,
- 8.2. The withdrawal period shall expire 14 days after the day when the Customer acquired the physical possession of Products or when the third party, other than the carrier and the person indicated by the Customer, acquired the physical possession of Products,
- 8.3. In order to exercise the right of withdrawal from the Sales Agreement, the Customer is required to notify the Administrator of their decision to withdraw from the Sales Agreement at the e-mail address of email@example.com by an unequivocal statement,
- 8.4. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning their exercise of the right of withdrawal from the Sales Agreement before the withdrawal period has expired,
- 8.5. In the event of having exercised the right from withdrawal from the Sales Agreement, the Customer shall be reimbursed any payments they have covered, including the expense of the delivery of Products (with the exception of the reimbursement of any additional costs arising from the method of delivery that has been selected by the Customer as an option not being tantamount with the cheapest means of delivery),
- 8.6. The reimbursement of resources mentioned in point 8.5 shall be executed by the Administrator no later than 14 days after the day when the Products (from the withdraw the Sales Agreement) have been delivered to the Administrator. The reimbursement of payment is performed with the use of the same payment methods as previously used by the Customer in the case of an original transaction, unless the Customer gives their consent to another solution. The Customer shall not incur any charges associated with the payment reimbursement, except for return shipping charges,
- 8.7. The Administrator reserves the right to suspend the payment reimbursement until the Products have been returned by the Customer, and until the returned Products condition is reviewed by the Administrator,
- 8.8. The Customer is obliged to send back or hand over the Products to the shipper's address (as indicated on the consignment note received) immediately, and in any case no later than within 14 days after the date of when the Customer notified the Administrator of their withdrawal from the Sales Agreement. The deadline is met if the Customer sends back the Products before the period of 14 days has expired,
- 8.9. The Customer is obliged to send back the Products in a state complying to the state they represented at the moment of their reception, namely within a parcel containing the entirety of Products and elements originally received, with no Product or its element being damaged or defective. In the case of having sent back the Products used or handled by the Customer or any third person in a way other than what was necessary to establish the nature, characteristics and functioning of it (e.g. if the Customer or any other third party used the Products in any other way than at a stationary shop), the Customer shall bear the responsibility for the diminished value of the said goods resulting from such handling.
9. Complaints of Goods
- 9.1.The Administrator, as a seller, assumes the liability towards the Customer – being a consumer, as defined in article 22  of the Polish Civil Code – under statutory warranty for defects within the scope determined in the Civil Code, particularly in article 556 and 556 -556  of the Civil Code,
- 9.2. Any complaints that result from the violation of Customer rights that are guaranteed by the law or the provisions contained therein should be directed at firstname.lastname@example.org. The Administrator obliges to do its best to respond to each complaint within the period of 14 days and, in case of it being not possible to meet the said deadline, to notify the Customer of when the complaint shall be investigated within the same aforementioned period,
- 9.3. If the Administrator decides to accept the complaint and perform services under warranty, the Administrator is entitled to at least 14 more days to perform the repairs. Usually, this process takes only a few days, however - the Administrator reservers the right to extend the diagnosis time and/or repairs time, when required (for example: when waiting for a solution from the factory, or when spare parts are not available on the market at the moment), but no more than 28 days for diagnosis and 28 days for repairs. Additional repair time extension may be done only after presenting alternative options to the Customer, when the Customer agreed to continue with repairs and extend the servicing period,
- 9.4. The Administrator is not a manufacturer of goods. The manufacturer is liable for any responsibilities arising from the guarantee concerning each Product sold under the conditions and during the period indicated in each particular guarantee card. If a given guarantee document provides for such possibility, the Customer is entitled to submit their claims as part of the guarantee directly to an authorised service point whose address has been specified in a given guarantee card,
- 9.5. The Administrator has been authorised by the manufacturers of Products to run an authorised service point, making warranty repairs possible in the territory of Poland,
- 9.6. The warranty provided by the Administrator covers factory defects of offered products for 2 years after receiving a brand new product(s) or 1 year after receiving a used/refurbished product,
- 9.7. The Administrator's warranty does not cover products/elements that are subject to quick exploitation or usage-related damages (which are not defined as a factory defect). Examples of such products are: inner tubes, tyres,
- 9.8. In some countries, the Administrator may offer door-to-door warranty service, defined as arranging free shipping from and to the Customer. The complete and up-to-date list of supported countries is available here.
- 9.9.The Customer bears the shipping costs according to the price list, when any of the below is true:
a) The Customer country is not listed here,
b) Door-to-door shipping has been arranged, but product collection or delivery has been rescheduled because of the Customer's fault (for example: the Customer has not been reachable at the given address and date, resulting in product collection or delivery failure; or - the Customer refused to ship the item),
c) Repairs extend warranty coverage (factory defects) or are not covered by warranty at all (eg. damage caused by extensive/improper usage of the device),
d) the Customer's warranty is void.
- 9.10. Warranty revocation. Warranty is void when:
a) the damage is caused by using a non-original charger (including "smart charges", "intelligent chargers", fast chargers, charging accesories, adapters, boosters, "charge doctors", converters etc.), or faulty electrical installation (including inconsistent voltage and frequency compared to those marked on the charger),
b) the technical construction of the device is violated (modifications of the device that may affect the safety of use, or the operation of the device itself),
c) the damage is caused by improper use of the device (e.g. mechanical damage, flooding of the device, etc.),
d) the Customer refused to perform necessary repairs of damages (for example: when damages repair is not covered by warranty, or when during a recall of a product).
10. Complaints Related to the Provision of Services via Electronic Means
- 10.1. The Administrator shall take every effort to ensure the proper operation of the Web Portal (including the Shop) to the extent resulting from the current technical knowledge and undertakes to remove all the irregularities reported by Customers within a reasonable period of time,
- 10.2. The Customer is obliged to immediately notify the Administrator of all irregularities or intervals in the operation of the Web Portal (including the Shop),
- 10.3. Any disturbances related to the functioning of the Web Portal (including the Shop) may be reported through sending an e-mail at email@example.com or with the use of a forum,
- 10.4. Each complaint filed should have the name and surname, e-mail address or postal correspondence address, as well as the type and occurrence date of a given irregularity related to the operation of the Web Portal provided by the Customer,
- 10.5. The Administrator obliges to handle each complaint within 14 days and, in case of it being not possible to meet the said deadline, to notify the Customer of when the complaint shall be investigated within the same aforementioned period.
- 11.1. The Users and Customers may always access the present Terms of Service via a link placed on the homepage of the Web Portal, as well as they may download and print it as a file,
- 11.2.For any matters not covered by these Terms of Service, relevant provisions of the Polish Civil Code shall apply (Journal of Laws 1964, no. 16, item 93, as amended),
- 11.3. Any and all disputes and claims related to the Web Portal shall be handled by the common court that is competent for the Administrator's registered office,
- 11.4. The settlement of any potential disputes having arisen between the Administrator and Customer, being a consumer according to the definition of article 22 of Polish Civil Code, shall be handled by the courts competent under the resolutions of relevant provisions of the Polish Civil Code,
- 11.5. The settlement of any potential disputes having arisen between the Administrator and Customer, being a consumer according to the definition of article 22 of Polish Civil Code, shall be handled by the court being competent with regard to the registered address of the Administrator's headquarters.