Shop terms

1. General Provisions

1.1. The Online Store available at the web address www.eltrike.eu is operated by HService based in Gliwice, holding NIP (Tax Identification Number): 969-166-40-25 and REGON (National Business Registry Number): 528025126, with registered office, place of business, and service address at: ul. Jagodowa 13c, 44-109 Gliwice, Poland.

1.2. The Seller is the administrator of personal data processed in connection with the implementation of these Terms and Conditions. The purposes, scope, and rules of personal data processing are specified in the Privacy Policy published on the Online Store website. Providing personal data is entirely voluntary. Every person whose personal data is processed by the Seller has the right to inspect, update, or delete their data.

1.3. These Terms and Conditions specify the rules for the provision of Electronic Services by HService, as well as the conclusion and execution of Agreements between the parties.

1.4. Subject to applicable laws, the Client/Service Recipient, by concluding an Agreement, declares that they have read these Terms and Conditions.

2. Electronic Services

2.1. As part of the Online Store, HService provides the following Electronic Services: Account, Cart, Chat, and Newsletter, all of which are provided free of charge.

2.2. A condition for the use of Electronic Services by the Client/Service Recipient is that the Service Recipient/Client's hardware meets the technical requirements necessary to cooperate with the IT system used by HService: possessing an up-to-date version of a web browser.

2.3. The agreement for the provision of the Cart Electronic Service is concluded each time a first Product is added to the Cart and terminates when an Agreement is concluded or when the Service Recipient stops using this Electronic Service prior to concluding an Agreement.

2.4. The agreement for the provision of the Chat Electronic Service is concluded each time the Service Recipient enters a text message into the IT tool provided by HService within the Online Store and terminates when the conversation ends.

3. Orders – Conclusion and Execution of the Agreement

3.1. Orders through the Online Store can be placed 24 hours a day.

3.2. Orders placed on Saturdays, Sundays, and public holidays will be processed on the next working day.

3.3. Customers making purchases in the Online Store agree to the issuance of a sales document without a signature.

3.4. In order to conclude an agreement, the Client should:

3.5. Order fulfillment will occur after its processing by the Seller and after receiving the due payment for the Product. Payment is made in advance, immediately after the Order is placed.

3.6. Payment is made on the website of the selected payment operator, immediately after the Order is placed. An Order for which payment is not completed within 2 hours is cancelled and the reserved Products are returned to sale.

3.7. The Seller will confirm acceptance of the order, availability of the ordered Product, and the address to which the Product is to be delivered via email within 2 working days.

3.8. The Seller reserves the right to refuse to fulfill an order in the case of orders raising doubts, e.g., missing email address, incorrect phone number or email address, or incorrect delivery address.

3.9. In the event that it is impossible to fulfill the Order or part of it, the Client will be informed immediately, and further actions will be agreed upon together, such as proposing the purchase of similar products, extending the waiting time, partial fulfillment, or, as a last resort, canceling the order.

3.10. Delivery of ordered products is carried out from Monday to Friday throughout Poland via the DPD courier company. Delivery outside Poland is arranged individually with the Seller; an Order with a delivery address outside Poland is not accepted through the Online Shop.

3.11. Delivery is free of charge. The Shop does not offer personal collection.

3.12. The Seller shall not be held liable for non-delivery of goods in the event of incorrect or incomplete address details provided by the Client.

3.13. Shipment of ordered Products takes place within 1–3 working days (depending on Product availability) from the date the payment is credited. The estimated delivery time of ordered Products by courier is 1 working day. Between December 18 and 24, order execution time may be extended to 5 working days.

3.14. Delivery methods of Products by the Seller, including deadlines and costs applicable to a specific delivery method, are specified in the Cart. In cases where Product deliveries are carried out with the assistance of third parties, the Seller is not responsible for their compliance with the delivery deadline from the moment the Product is handed over to such an entity.

3.15. In the event of damage to the parcel or tampering with the packaging, a damage protocol with notes regarding the state of the shipment should be drawn up.

3.16. Payments for purchases can be made:

3.17. Prices in the Online Shop are given in Polish zloty (PLN) in the Polish language version and in euro (EUR) in the remaining language versions. Conversion to euro is made at the mid exchange rate of Table A of the National Bank of Poland. The rate applied to the Order, together with its publication date, is shown in the Cart before the Order is placed and is recorded on the Order, so a later change of the rate does not affect an Order already placed.

4. Right of Withdrawal from the Agreement

4.1. A Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Art. 33 and Art. 34 of the Consumer Rights Act.

4.2. The deadline for withdrawal from a distance contract is 14 days from the moment the Product is delivered, and sending the statement before its expiry is sufficient to meet the deadline.

4.3. The Consumer may submit a statement of withdrawal from the agreement on the form, a template of which constitutes Appendix No. 2 to the Consumer Rights Act. A template form is attached to these regulations as Appendix No. 1. The Consumer may send a statement with equivalent content.

4.4. Submission of a statement of withdrawal from the contract is possible in writing to the address of the Online Store or via electronic mail to the e-mail address: office@hservice24.pl.

4.5. The Seller shall promptly confirm receipt of the withdrawal statement to the Consumer via email (provided during the conclusion of the contract or another if specified in the submitted statement).

4.6. In the event of withdrawal from the agreement, the agreement is considered null and void.

4.7. The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send back the item before its expiry to the address:

HService

ul. Jagodowa 13c

44-109 Gliwice, Poland

4.8. The Consumer sends back the items that are the subject of the agreement from which they withdrew at their own cost and risk.

4.9. The Consumer is liable for any diminished value of the item resulting from using it beyond what is necessary to establish the nature, characteristics, and functioning of the item.

4.10. The Seller shall immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the agreement submitted by the Consumer, refund all payments made by them, including delivery costs. If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller will not refund the additional costs in accordance with Art. 33 of the Consumer Rights Act.

4.11. The Seller refunds the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for them.

4.12. Unless the Seller offered to collect the product from the Consumer themselves, the Seller may withhold the refund of payments received from the Consumer until they have received the goods back or until the Consumer provides proof of sending them back, whichever occurs first.

4.13. Pursuant to Art. 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from an agreement:

5. Warranty

5.1. Devices (excluding accessories) available in the Online Store are covered by the Seller's warranty.

5.2. Warranty repairs are carried out under the terms and for the periods specified in the warranty document attached to each sold Product covered by warranty.

6. Non-Conformity of Goods with the Agreement

6.1. HService is liable to a Client who is a Consumer under the rules specified in applicable legal provisions if the Product is non-compliant with the agreement.

6.2. The liability of HService towards a Client who is a Quasi-Consumer and a Client who is not a Consumer specified above is hereby excluded.

7. Complaints Procedure

7.1. If the Product does not comply with the Agreement, the Consumer has the right to submit a complaint within 2 years from the date of delivery of the Product.

7.2. The complaint submission should include its description and a document certifying the purchase of the Product in question (copy of invoice, confirmation of transfer from a bank account, etc.). The Seller is obliged to respond to the Consumer's complaint within 14 days from the date of its receipt.

7.3. If the Seller fails to respond to the complaint within the aforementioned period, it shall be deemed that the complaint has been accepted.

7.4. The Seller delivers the response to the complaint to the Consumer on paper or another durable medium.

7.5. If the Consumer's complaint is accepted, the Seller will repair or replace the complained Product with a full-value one at their own expense or – if replacement is impossible – refund the amount equal to the price paid by the Consumer for the complained Product along with costs associated with sending back the complained Product. Replacement or refund will occur within 14 days from the date the complaint is accepted.

7.6. Any disputes between the Seller and the Consumer or Quasi-Consumer will be resolved by competent common courts of the Republic of Poland, subject to the cases described in paragraphs 7.7–7.9 below.

7.7. The Seller informs that the Consumer or Quasi-Consumer has the option of using out-of-court procedures for handling complaints and pursuing claims, including in particular:

7.8. Furthermore, the Consumer or Quasi-Consumer may request assistance from the poviat (city) consumer ombudsman. More information can be found at: www.uokik.gov.pl or www.prawakonsumenta.uokik.gov.pl.

7.9. The Consumer or Quasi-Consumer may also submit a dispute for resolution via the EU online platform ODR (Online Dispute Resolution), available at: https://ec.europa.eu/consumers/odr/.

8. Final Provisions

8.1. Issues regarding personal data protection are regulated in the Privacy Policy available on the Online Store website.

8.2. Goods presented on the website of the Online Store do not constitute an offer within the meaning of the Civil Code. Information about goods posted on the Store's website does not imply that the goods are available in the Store's warehouse or at the manufacturer.

8.3. HService is not responsible for email server administrators blocking the transmission of messages to the email address specified by the Client and for deleting and blocking email messages by software installed on the computer used by the Client.

8.4. HService is not responsible for errors in handling an order or other instructions of the Client resulting from the Client providing incorrect data.

8.5. The online store uses cookies to observe usage patterns of the website www.eltrike.eu. The types of cookies used by the online store are:

8.6. The Client has the option to use the website without using the cookie mechanism, but this may mean that some features or services of the online store will not function properly. If the Client does not consent to the use of cookies, they should at any time select the option to reject cookies or signal their transmission in their browser settings.

8.7. Any disputes between the Client and the Store shall be submitted to the resolution of the court competent in accordance with the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).

8.8. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act of May 30, 2014, and other relevant provisions of generally applicable law.

8.9. These Terms and Conditions are effective from the date of publication on the Store's website.

8.10. The Store reserves the right to amend the Terms and Conditions. Any amendments to the Terms and Conditions shall enter into force within the period specified by the Store, not shorter than 3 days from the date of making them available on www.eltrike.eu. Orders placed prior to the effective date of amendments to these Terms and Conditions shall be fulfilled based on the provisions in force on the day the order was placed.

Appendix No. 1

Place: …………………………, Date: ………………………… r.

HService

ul. Jagodowa 13c

44-109 Gliwice, Poland

e-mail: office@hservice24.pl

I/We() hereby give notice that I/We() withdraw from my/our(*) contract of sale of the following items:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Date of receipt of products: …………………………

Name of consumer(s): …………………………………………………….

Address of consumer(s): …………………………………………………………………

………………………………………………………

Signature of consumer(s)