Below terms and condtiotions of the online shop state the rules of online purchases under the online shop True Rider which is under the www.truerider.eu website. It also explains buying agreement between purchaser and the True Rider shop. Below terms and conditions are becoming part of an agreement between Seller and a Purchaser.
I. General / contractual partners, scope
1.1 The owner of the online shop Natalie Palacz True Rider, Miętowa 8, 72-003 Bezrzecze, Poland, Taxpayer Identification Number: 8513118923 telephone: +48 601562806, e-mail: firstname.lastname@example.org (hereinafter referred to as "True Rider" or "we"/"us"), sells goods from the True Rider line at the specialty store from the company headquarters and to specialty stores and consumers under the internet address www.truerider.eu (hereinafter referred to as "Website"). The current powers of representation of True Rider are stated in the legal notice.
1.2 The General Terms and Conditions set forth below, in the version valid at the time of ordering, shall apply exclusively to all orders you place with True Rider and to our deliveries and services. We do not accept any deviation terms and conditions of the customer.
1.3 Any other terms and conditions possibly agreed with the customer shall herewith become invalid.
1.4 The General Terms and Conditions, in the version valid at the time of ordering, shall likewise apply to future orders, even if they are not expressly agreed upon again.
II. Conclusion/formation of contract, terms and conditions of use of the Website
2.1 The offers are made to customers having an invoice and delivery address in any country of the world.
2.2 Orders and other declarations of intention of any kind shall be legally binding only if they are made in Polish or English or if we acknowledge them within ten days.
2.3 The True Rider online shop www.truerider.eu is basically making a distinction between two different customer groups: private customer and dealer customers. Different terms of payment and delivery may apply to the customer groups.
2.4 Presentation of the goods on the Website www.truerider.eu is not an offer by True Rider to conclude a purchase agreement, but a request to our customers to make an offer to us.
By sending the order form provided at our Website to us, you will make a binding offer to conclude a purchase agreement with us. You will submit an offer to us if you enter all necessary details during the ordering process and send the order form to us by pressing the "Order with liability to pay" button. Prior to acknowledging the button, you will be shown an overview of the data you have entered and be given an opportunity to correct any incorrect input. We shall be entitled to accept your offer within a few days - outside the EU within two weeks.
Upon receipt of your order by us, we shall send you an acknowledgement of receipt by e-mail in which the details of your order are stated. This acknowledgement of receipt is not a declaration of acceptance of your offer of contract, but provided for your information only. The purchase agreement between you and True Rider will be concluded only if and to the extent to which we accept the offer by sending the goods ordered or by giving our express written declaration of acceptance, which may also be sent by e-mail. True Rider shall be entitled to not accept an offer made by you without stating reasons, in particular, but not limited to, if there is reasonable suspicion that the goods purchased via the internet are to be resold at a commercial scale by persons who are not approved True Rider dealers. If we do not declare acceptance - including by sending the goods ordered - within the time limit, your offer shall be invalid.
2.5 If payment is made in advance, the goods shall be sent only after the full purchase price and the shipping charges have been credited to our account.
2.6 The goods offered by True Rider are shown on the Website in the form of digital photographs of the real goods. Slight deviations between that representation and reality shall not be a defect of the goods.
III. Prices and shipping charges
3.1 The prices shall apply as stated on the Website www.truerider.eu at the time your offer is received.
For private customers, all prices stated are including the applicable statutory value-added tax valid at the time, excluding the cost of packaging and shipping. All amounts are stated in EUR.
IV.Terms of payment
4.1 Consumers can pay for the articles in the True Rider by paying in advanced
Advantages of instant bank transfer:
•Payment system with TÜV-certified data protection
•No registration required
•Goods/services will be sent IMMEDIATELY if in stock.
•Should you have decided to use the prepayment method, the articles you have ordered will be dispatched to you immediately after the money has been received. The amount shall be transferred to the following account:
Bank account details
Account holder: True Rider Natalie Palacz
Account number: 63 1140 2004 0000 3202 7504 1176
Bank code (Sort code): 11402004
IBAN: PL63 1140 2004 0000 3202 7504 1176
If the customer is in default of payment or if a debit note is returned, we shall be entitled to claim damage caused by delay (e.g. collection charges, overdue fines, default interest, return debit note charges, storage costs).
V. Prohibition of set-off and of retention
5.1 The customer shall not be entitled to set off its own claims against our claims for payment, unless the customer's claim is not disputed or has been determined without further legal recourse. The customer shall not be entitled to claim any right of retention with respect to our claims for payment - including based on notice of defects -, unless the customer's claim is resulting from the same order or the same contractual relationship.
5.2 In business dealings, the purchaser shall not have a right of retention or a right to withhold performance, with the exception of undisputed claims, legally established claims or claims based on rectification of defects under the same contract.
VI. Delivery terms, passing of the risk
6.1 Delivery shall be made ex warehouse to the delivery address provided by the customer.
6.2 The estimated delivery time results from the catalogue provided on our homepage. Information regarding delivery times is without commitment, save where, as an exception, the delivery date is promised bindingly and in writing. All deliveries are subject to the condition that delivery to ourselves will be made in due time and properly.
6.3 Should True Rider, for example in the event of delivery to ourselves not being made in time, fail to deliver the goods ordered within the time limit specified in Section 2.4 hereof, True Rider shall without delay refund any payment already made. The customer shall not have any other claims in this respect.
VII. Reservation of title
7.1 The goods ordered shall remain the property of True Rider until all objects of purchase delivered to the customer have been paid for in full.
7.2 Until ownership has been transferred, any resale, letting, pawning, transfer by way of security, processing and any other disposal or transformation of the goods ordered from True Rider shall not be permissible, except with our express consent.
7.3 If any resale, letting, pawning, transfer by way of security, processing or other disposal is nevertheless effected by a customer which is not a consumer, the customer shall already hereby assign to us as security any and all claims and rights to which it may be entitled with respect to this.
VIII. Rights in the case of defects
Should the object of purchase be defective, private customers and dealer customers shall have the statutory rights regarding warranty/liability for defects. The limitation period for statutory claims for defects shall be one year in the case of private customers and one year in the case of dealer customers, starting from the date of delivery, i.e. receipt of the object by the purchaser. The special terms and conditions set forth in Section 9 of these GTC shall apply in addition to the customer's claims for damages.
Where any guarantee is advertised, the details shall result from the terms of guarantee which shall be provided in text format at the latest upon delivery.
9.1 Claims for damages and claims for reimbursement of expenses on the part of the customer, for whatever legal reason, shall be ruled out.
9.2 This exclusion of liability shall not apply:
• In the event of any damage caused wilfully or grossly negligently
•In the event of a negligent breach of a material contractual obligation, including by legal representatives or vicarious agents of True Rider. In this respect, True Rider shall be liable only for the foreseeable direct average damage typical for the contract. Any liability for consequential damage (in particular lost profit) shall be ruled out, even if it had been foreseeable.
• In the event of culpably caused injury to life, body or health of the customer or its vicarious agent.
•In the event of fraudulent concealment of a defect or any warranty provided for the quality of goods.
9.3 The liability under the Polish product liability act shall not be affected.
X. Questions regarding orders or in case of complaints
Should you have any questions regarding your order or wish to make a complaint, please contact our customer service:
Telephone: +48 601562806
XI Information about your right of revocation
RIGHT OF REVOCATION
You have the right to revoke this contract within fourteen days without stating a reason.
The revocation deadline is fourteen days from the day on which you or any third party named by you that is not the carrier has taken possession of the last goods.
To exercise your right of revocation, you must notify us,
Telephone: +48 601562806
by means of an unambiguous declaration (e.g. a letter sent by post, a telefax or an e-mail) of your decision to revoke this contract. To do this, you may use the attached sample revocation form, but this is not mandatory.
To meet the revocation deadline, it will be sufficient to dispatch the notice regarding your exercise of the revocation before the end of the revocation period.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we must refund to you all payments we have received from you, including delivery costs without delay and at the latest within fourteen days after the day on which we have received your notice to revoke this contract.
For the repayment, we shall use the same means of payment you have used for the original payment, unless expressly agreed otherwise with you.; On no account will any amount be charged to you for the repayment.
We may refuse repayment until we have received the returned goods or until you have proven that you have returned the goods, whichever occurs first.
You must send the goods back or hand them over to us without delay and at any rate within fourteen days after the day on which you have notified us of the revocation of this contract. To meet this deadline, it will be sufficient to dispatch the goods to us before the end of the 14-days period. You must pay the direct costs of the return of the goods.
You will have to pay compensation for lost value of the goods only if such loss of value is due to any handling of the goods by you which is not necessary to inspect the quality, characteristics and functions of the goods.
END of the information about your right of revocation
The sample revocation form can be downloaded here. We will also send you a copy of the sample revocation form immediately upon conclusion of the contract.
XII Exclusion of the right of revocation / premature expiry of the right of revocation
Only consumers as defined in Section 13 BGB have this right of revocation. A consumer is any natural person concluding a legal transaction for a purpose which cannot be attributed to its commercial or self-employed activity. The right of revocation does not apply to contracts with entrepreneurs if the order is placed for the customer's commercial business operations.
Furthermore, the right of revocation does not apply to contracts
•regarding the delivery of goods which are not prefabricated and the production of which is subject to an individual selection or directions by the customer or which clearly are tailored to the customer's personal needs;
•regarding the delivery of goods which are easily perishable or the best-before date of which would soon expire.
The right of revocation expires prematurely in the case of contracts
•regarding the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for being returned if their seal has been removed after delivery;
•regarding the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
XIII. Data privacy
XIV. Legally void clauses; place of jurisdiction; governing law
14.1 Should any of the provisions of these GTC be invalid, this shall not affect the validity of the contract as a whole. Any invalid provision shall be replaced by the relevant statutory provision.
14.2 If the customer is a merchant, a corporate body under public law or a special fund under public law, Cologne shall be the exclusive place of jurisdiction for any disputes arising from the contractual relationship directly or indirectly. The same shall apply where a customer does not have a domestic place of general jurisdiction or relocates its domicile or usual place of residence to a foreign country after conclusion of the contract or where a customer's domicile or usual place of residence is unknown at the time legal action is taken.
14.3 Conclusion and performance of all contracts shall be governed by Polish law. Application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.