Terms and Conditions

§ 1General provisions

1. These Terms and Conditions govern the use of the locabikes.com online Shop by all Users.
2. These Terms and Conditions set forth the conditions of concluding and terminating Product Sales Agreements, the complaints procedure, the type and scope of electronic services rendered through the locabikes.com online Shop, the conditions of rendering those services and the conditions for concluding and terminating electronic services agreements.
3. By taking steps to use the Electronic Services of the Shop located at locabikes.com, the User agrees to abide by these Terms and Conditions.
4. In all matters not settled herein, the following provisions of Polish law apply:
   1. the Act of 18 July 2002 on the Provision of Electronic Services,
   2. the Consumer Rights Act of 30 May 2014,
   3. the Act of 23 September 2016 on Out-of-court Settlement of Consumer Disputes,
   4. the Civil Code of 23 April 1964 and all other applicable provisions of Polish law.

§ 2Definitions

1. Contact Form – the electronic form available at locabikes.com that allows the User to send a message to the Service Provider.
2. Registration Form – the electronic form available at locabikes.com required for Account registration.
3. Order Form – the electronic form available at locabikes.com required for placing an Order.
4. Customer – a User who intends to conclude or has concluded a Sales Agreement with the Seller.
5. Consumer – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
6. Account – a collection of resources in the Service Provider’s ICT system, marked with an individual username (login) and password, in which the User’s data are stored, including information on Orders placed.
7. Newsletter – an Electronic Service consisting in sending information about the Shop and the Products to the e-mail address of a User who has subscribed to it.
8. Product – a movable item or service available in the Shop that is the subject of a Sales Agreement between the Customer and the Seller.
9. Terms and Conditions – these Terms and Conditions of the Shop.
10. Shop – the Service Provider’s online shop located at locabikes.com.
11. Seller, Service Provider – LOCA BIKES sp. z o.o. (a limited liability company under Polish law) with its registered office in Wrocław, ul. Redarów 28, 52-340 Wrocław, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under no. 0001079894, tax identification number NIP: 8992981895, statistical number REGON: 527429169, represented by Aleksander Zemke, e-mail address: hello@locabikes.com, telephone number: +48 690 433 252.
12. Opinion System – an Electronic Service made available to Customers by the Service Provider, enabling them to post opinions on the Products.
13. Sales Agreement – a Product sales agreement concluded between the Customer and the Seller through the Shop.
14. Electronic Service – a service provided electronically by the Service Provider to the User via the Shop.
15. User – a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, using an Electronic Service.
16. Order – the Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3Product and order information

1. The locabikes.com Shop sells Products at retail via the Internet.
2. Products offered in the Shop are new, free from physical and legal defects and have been legally placed on the Polish market.
3. The information provided on the Shop’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set out in its description.
4. Product prices on locabikes.com are given in euro (EUR) and include all components, including VAT. The prices do not include delivery costs.
5. The Product price shown in the Shop is binding at the moment the Customer places the Order. This price will not change regardless of any price changes in the Shop that may occur for individual Products after the Order has been placed.
6. Orders can be placed:
   1. through the website using the Order Form (locabikes.com Shop) – 24 hours a day, all year round,
   2. by e-mail at: hello@locabikes.com,
   3. by telephone at: +48 690 433 252.
7. The Customer is not required to register an Account to place an Order.
8. To place an Order, the Customer must read and accept these Terms and Conditions while placing the Order.
9. The Shop processes Orders placed Monday to Friday during the Shop’s working hours, i.e. from 10:00 to 17:00 on working days. Orders placed on working days after 16:00, on Saturdays, Sundays and public holidays will be processed on the next working day.
10. Products on promotion (sale) are available in limited numbers, and Orders for them will be processed in the order in which they are received until the stock of the given Product is exhausted.

§ 4Concluding Sales Agreements

1. To conclude a Sales Agreement, the Customer must first place an Order using one of the methods made available by the Seller, in accordance with § 3 points 6 and 8 of these Terms and Conditions.
2. After an Order is placed, the Seller promptly confirms its receipt.
3. The confirmation of acceptance of the Order referred to in point 2 of this paragraph makes the Order binding on the Customer. The confirmation of receipt of the Order is sent by e-mail.
4. The confirmation of receipt of the Order includes:
   1. confirmation of all essential elements of the Order,
   2. a withdrawal form,
   3. these Terms and Conditions, including information on the right of withdrawal.
5. When the Customer receives the e-mail referred to in point 4 of this paragraph, the Sales Agreement between the Customer and the Seller is concluded.
6. Each Sales Agreement is confirmed by a proof of purchase (fiscal receipt, or a VAT invoice at the Customer’s request), which is attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

§ 5Methods of payment

1. The Seller offers the following payment methods:
   1. traditional bank transfer to the Seller’s bank account,
   2. payment via the PayU electronic payment system,
   3. payment by card or in cash on site, in the showroom at ul. Redarów 28, Wrocław, Poland.
2. Traditional bank transfers should be made to the following bank account: Beneficiary: LOCA BIKES sp. z o.o., ul. Redarów 28, 52-340 Wrocław, Poland, IBAN: PL82 1090 2398 0000 0001 6165 5784, SWIFT/BIC: WBKPPLPP, Bank: Erste Bank Polska S.A., Plac Europejski 3A, 00-844 Warszawa, Poland, VAT number: PL8992981895, REGON: 527429169. Please enter “Order no. …” as the payment title.
3. When paying via an electronic payment system, the Customer pays before the Order is processed. The electronic payment system enables payment by card or instant bank transfer.
4. The Customer shall pay the price under the Sales Agreement within 7 working days of its conclusion, unless the Sales Agreement provides otherwise.
5. If the payment methods described in point 1 (a) or (b) of this paragraph are chosen, the Product is dispatched only after it has been paid for.

§ 6Delivery cost, time and method

1. Product delivery costs, covered by the Customer, are determined during the Order process and depend on the country and the chosen delivery method. Delivery of a bike within Poland is free of charge, and delivery to other European Union countries costs €63.61. For delivery outside the European Union, the cost is agreed individually.
2. The delivery time of the Product consists of the time needed to complete the Product and the time of delivery by the carrier:
   1. the time needed to complete the Products is up to one week for Products in stock and 4–10 weeks for custom bikes, counted from the moment of:
      1. the funds paid under the Sales Agreement being credited to the Seller’s account, or
      2. positive authorisation of the transaction by the electronic payment system,
   2. delivery of Products that are movable items by the carrier takes place within the period declared by the carrier, i.e. within Poland and the European Union up to 5 business days from dispatch (deliveries take place on business days only, excluding Saturdays, Sundays and public holidays). For delivery outside the European Union, the time is agreed individually.
3. Products purchased in the Shop are shipped by courier.
4. The Customer may collect Products purchased in the Shop in person, free of charge, after prior contact by e-mail or telephone.

§ 7Product complaints

1. Complaints under the manufacturer’s warranty (guarantee).
   1. All Products offered in the Shop are covered by the manufacturer’s warranty, valid in the territory of the European Union.
   2. The warranty applies to material defects of the Product.
   3. The following are not considered material defects:
      1. damage and defects resulting from improper use of the bicycle,
      2. damage and defects resulting from improper servicing of the bicycle,
      3. damage and defects resulting from failure to carry out regular servicing,
      4. mechanical damage to the paint.
   4. The warranty does not cover wear of consumable parts, such as chains, tyres or bearings.
   5. The warranty period is counted from the date of delivery of the Product to the Customer and is 5 years for frames and forks and 2 years for all other parts of the Product.
   6. The warranty does not exclude the rights of the Consumer and of the entities referred to in § 9 of these Terms and Conditions under the provisions on lack of conformity of the Product with the contract, set out in the Polish Consumer Rights Act.
   7. The document entitling the Customer to warranty protection is the proof of purchase, i.e. the invoice or receipt.
   8. If a defect appears, the Customer should stop using the Product immediately and report the defect to the manufacturer by e-mail to hello@locabikes.com.
   9. LOCA BIKES reserves the right to ask for photos of the damage and to request the return of the damaged part only, not the entire bicycle.
   10. With the Customer’s consent, LOCA BIKES reserves the right to issue a voucher for purchases in the LOCA BIKES online store with a value corresponding to the value of the damage or defect, where there is no other way to compensate the Customer for the loss suffered.
   11. If a complaint handled under the warranty is not accepted, the Customer bears the cost of transporting the Product.
2. Complaints about lack of conformity of the Product with the contract.
   1. The Seller is liable towards a Customer who is a Consumer or an entity referred to in § 9 of these Terms and Conditions for any lack of conformity of the Product with the contract that existed at the time of delivery and becomes apparent within 2 years of that time. The Customer may demand that the Product be repaired or replaced and, in the cases set out in the Act, a price reduction or withdrawal from the contract. The basis and scope of this liability are set out in the Polish Consumer Rights Act of 30 May 2014.
   2. Lack of conformity of the Product with the contract may be reported, and the relevant demand made, by e-mail to hello@locabikes.com or in writing to: ul. Redarów 28, 52-340 Wrocław, Poland.
   3. The Consumer may submit a complaint using the form provided as Annex 1 to these Terms and Conditions. Using the form is not obligatory.
   4. The written or electronic notice should contain as much information as possible about the subject of the complaint, in particular the nature and date of the irregularity and the contact details. This information will make it much easier and faster for the Seller to handle the complaint.
   5. To assess the conformity of the Product with the contract, the Product should be delivered to: ul. Redarów 28, 52-340 Wrocław, Poland.
   6. The Seller will respond to the Customer’s demand without undue delay and no later than within 14 days of the complaint being submitted.
   7. In the case of a complaint by a Customer who is a Consumer or an entity referred to in § 9 of these Terms and Conditions, failure to respond to the complaint within 14 days of its submission means that it has been accepted. In connection with a justified complaint by a Customer who is a Consumer or an entity referred to in § 9 of these Terms and Conditions, the Seller covers the costs of collection, delivery and replacement of the Product with one that conforms to the contract.
   8. The response to the complaint is provided on paper or another durable medium, e.g. by e-mail or SMS.

§ 8Right of withdrawal

1. Subject to point 11 of this paragraph, a Customer who is a Consumer or an entity referred to in § 9 of these Terms and Conditions and who has concluded a distance contract may withdraw from it within 14 days without giving any reason by submitting a statement of withdrawal. To meet this deadline, it is sufficient to send the statement of withdrawal before the deadline expires.
2. The Consumer may submit the statement of withdrawal using the form provided as Annex 2 to these Terms and Conditions. Using the form is not obligatory.
3. In the event of withdrawal, the Sales Agreement is deemed not to have been concluded, and the Consumer or the entity referred to in § 9 of these Terms and Conditions must return the Product to the Seller or hand it over to a person authorised by the Seller without undue delay and no later than 14 days from the day of withdrawal, unless the Seller has offered to collect the Product. To meet this deadline, it is sufficient to send the Product back before it expires.
4. In the event of withdrawal from the Sales Agreement, the Product should be returned to: ul. Redarów 28, 52-340 Wrocław, Poland.
5. The Consumer or the entity referred to in § 9 of these Terms and Conditions is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning. To establish the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 9 of these Terms and Conditions should handle and inspect them only in the same way as they could in a shop.
6. Subject to points 7 and 8 of this paragraph, the Seller will refund the value of the Product together with the cost of its delivery using the same means of payment as the Consumer used, unless the Consumer or the entity referred to in § 9 of these Terms and Conditions has expressly agreed to another way of refund that involves no costs for them. Subject to point 8 of this paragraph, the refund will be made without undue delay and no later than 14 days from the day on which the Seller receives the statement of withdrawal from the Sales Agreement.
7. If the Consumer or the entity referred to in § 9 of these Terms and Conditions has chosen a delivery method other than the least expensive standard delivery offered by the Shop, the Seller is not obliged to reimburse the additional costs incurred.
8. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 9 of these Terms and Conditions, it may withhold the refund until it has received the Product back or until the Consumer or that entity has supplied evidence of having sent it back, whichever occurs first.
9. The Consumer or the entity referred to in § 9 of these Terms and Conditions who withdraws from the Sales Agreement under point 1 of this paragraph bears only the direct cost of returning the Product to the Seller.
10. The 14-day withdrawal period runs from the day on which the Consumer or the entity referred to in § 9 of these Terms and Conditions took possession of the Product, and in the case of a service from the day the contract was concluded.
11. The right of withdrawal from a distance contract does not apply to the Consumer or the entity referred to in § 9 of these Terms and Conditions in the case of a Sales Agreement:
    1. for a non-prefabricated item made to the Consumer’s specifications or serving to meet their individual needs,
    2. for an item delivered in a sealed package which cannot be returned after opening for health protection or hygiene reasons, if the package was opened after delivery,
    3. for items which, after delivery, are by their nature inseparably mixed with other items,
    4. for a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that they would lose the right of withdrawal once the Seller had performed the service,
    5. for an item that is liable to deteriorate quickly or has a short shelf life.
12. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to perform its obligation within a strictly specified time.

§ 9Provisions concerning entrepreneurs with consumer rights

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is protected by the Consumer Rights Act, provided that the Sales Agreement it concludes with the Seller is not of a professional nature.
2. A person running a business referred to in point 1 of this paragraph is protected only with regard to:
   1. prohibited contractual provisions (so-called abusive clauses),
   2. liability for lack of conformity of the Product with the contract, in accordance with § 7 of these Terms and Conditions,
   3. the right to withdraw from a distance contract, in accordance with § 8 of these Terms and Conditions.
3. The entrepreneur referred to in point 1 of this paragraph loses consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity of the Republic of Poland (CEIDG), in particular the Polish Classification of Activities codes indicated there.
4. The entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided to Consumers by the district (municipal) consumer ombudsmen and the President of the Office of Competition and Consumer Protection (UOKiK).

§ 10Type and scope of Electronic Services

1. Via the Shop, the Service Provider makes the following Electronic Services available:
   1. concluding Product Sales Agreements,
   2. maintaining an Account in the Shop,
   3. the Opinion System,
   4. the Newsletter,
   5. sending a message via the Contact Form.
2. Electronic Services are provided to Users in the Shop under the conditions set out in these Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Shop’s website. Such content forms an integral part of the Shop and the materials presented in it.

§ 11Conditions of providing and concluding Electronic Services agreements

1. The Electronic Services set out in § 10 point 1 of these Terms and Conditions are provided by the Service Provider free of charge.
2. Term of the agreement:
   1. the agreement for the Electronic Service of placing an Order in the Shop is concluded for a definite period and terminates when the Order is placed or when the User stops placing it,
   2. the agreement for the Electronic Service of maintaining an Account in the Shop is concluded for an indefinite period. It is concluded when the User sends the completed Registration Form,
   3. the agreement for the Electronic Service of using the Opinion System is concluded for a definite period and terminates when the opinion is posted or when the User stops using this service,
   4. the agreement for the Electronic Service of the Newsletter is concluded for an indefinite period,
   5. the agreement for the Electronic Service of sending a message to the Service Provider via the Contact Form is concluded for a definite period and terminates when the message is sent or when the User stops sending it.
3. Technical requirements for using the ICT system of the Service Provider:
   1. a computer (or mobile device) with Internet access,
   2. access to e-mail,
   3. a web browser,
   4. cookies and JavaScript enabled in the web browser.
4. The User is obliged to use the Shop in accordance with the law and good practice, respecting the personal rights and intellectual property rights of third parties.
5. The User is obliged to enter data that are true.
6. The User is prohibited from providing unlawful content.

§ 12Complaints procedure for Electronic Services

1. Complaints about Electronic Services provided via the Shop may be submitted by e-mail to hello@locabikes.com.
2. The e-mail should contain as much information as possible about the subject of the complaint, in particular the nature and date of the irregularity and the contact details. This information will make it much easier and faster for the Service Provider to handle the complaint.
3. The Service Provider handles complaints without undue delay and no later than within 14 days of their submission.
4. The Service Provider’s response to the complaint is sent to the e-mail address given in the complaint or in another way indicated by the User.

§ 13Conditions of terminating Electronic Services agreements

1. Termination of an Electronic Services agreement:
   1. continuing and indefinite-term Electronic Services agreements (e.g. Account, Newsletter) may be terminated,
   2. the User may terminate the agreement with immediate effect and without giving reasons by sending a statement to hello@locabikes.com,
   3. the Service Provider may terminate a continuing and indefinite-term Electronic Services agreement if the User violates these Terms and Conditions, in particular by providing unlawful content, after an unsuccessful prior request to stop the violations with a reasonable deadline. In that case the agreement expires 7 days after the notice of termination is given (notice period),
   4. termination ends the legal relationship with effect for the future.
2. The Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement.

§ 14Intellectual property

1. All content published on the website at locabikes.com is protected by copyright and (subject to point 3 of this paragraph and to elements posted by Users and used under a licence, assignment of economic copyrights or fair use) is the property of the Seller, LOCA BIKES sp. z o.o. with its registered office in Wrocław (details as in § 2 point 11 of these Terms and Conditions). The User bears full liability for any damage caused to the Service Provider as a result of using any content of the locabikes.com website without the Service Provider’s consent.
2. Any use of any element of the content of the locabikes.com website by anyone without the express written consent of the Service Provider constitutes an infringement of the Service Provider’s copyright and results in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Shop’s website at locabikes.com belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Shop’s website at locabikes.com are used for information purposes.

§ 15Final provisions

1. Agreements concluded through the Shop are governed by Polish law. The choice of Polish law does not deprive the Consumer of a higher level of protection than that provided by the law of their country of habitual residence.
2. For Users who are Consumers and are not Polish citizens, the law that is more favourable to them always applies.
3. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law apply instead of the disputed provision.
4. Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved first through negotiation, with the intention of settling the dispute amicably, taking into account the Act on Out-of-court Settlement of Consumer Disputes. If this is not possible or not satisfactory for either party, disputes will be resolved by the competent common court in accordance with point 5 of this paragraph.
5. Any disputes between the Service Provider and a User (Customer) who is a Consumer or an entity referred to in § 9 of these Terms and Conditions are subject to the courts competent under the Polish Code of Civil Procedure of 17 November 1964.
6. A Customer who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the complaints procedure has ended, a request for mediation or for the case to be heard by an arbitration court. Information on these procedures, model requests and the list of permanent consumer arbitration courts are available on the website of the Polish Office of Competition and Consumer Protection: polubowne.uokik.gov.pl. The Consumer may also obtain free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the complaints procedure has ended is free of charge.
7. A Consumer living in another Member State of the European Union may use the out-of-court dispute resolution bodies of that state; the European Commission keeps a list of them: consumer-redress.ec.europa.eu.

Annex 1Model complaint form

Annex 2Model form for withdrawal from a distance contract

Complete and return this form only if you wish to withdraw from the contract.