Terms of Service

Introduction

The Online shop available at https://roko.bike/ is run by ROKO.BIKE – a limited liability company with its registered seat in Wisła at Wyzwolenia 59 street, 43-460 Wisła, NIP: 5482734593, REGON: 388073745, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000881660, registration court: District Court in Bielsko-Biała, VIII Commercial Department of the National Court Register, share capital: PLN 5.000,00.

Seller’s contact details:

phone: +48 511 792 001
e-mail address: info@roko.bike.

This document (which is also a set of regulations under the Act of 18 July 2002 on electronic services), hereinafter referred to as the “Regulations”, defines the types and scope of electronic services provided through the Online Shop, the rules of conclusion of sales agreements via the Online Shop, the rules of performance of these agreements, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the agreement and the complaint procedure.

1. Definitions

Online Shop – online shop available at https://roko.bike/.
Seller – ROKO.BIKE – a limited liability company with its registered office in Wisła at Wyzwolenia 59 street, 43-460 Wisła, NIP: 5482734593, REGON: 388073745, entered into the Register of Entrepreneurs of the National Court Register under the number KRS: 0000881660, registration court: District Court in Bielsko-Biała, VIII Commercial Department of the National Court Register, share capital: PLN 5.000,00.
Customer – a natural person, legal person or organizational unit without legal personality, which is granted legal capacity by law, concluding an agreement with the Seller.
Consumer – a natural person who makes a legal transaction with the Seller that is not directly related to his/her economic or professional activity.
Service – electronic services provided by the Seller through the Online Shop.
Sales Agreement – an agreement concluded remotely between the Customer and the Seller via the Online Shop, the subject of which is the purchase of a Product.
Product – a product purchased by the Customer through the Online Shop.
Order - Customer's declaration of will submitted to the Seller and aiming directly at concluding a Product Sales Contract with the Seller.
Order form – a form available in the On-line Shop allowing the Customer to place an order in order to purchase a Product.
Customer account – a set of resources in the Seller’s IT system, in which information about the Customer is collected, including address information and order history.
Registration form – form available in the Online Shop that allows the creation of a Customer Account.
Newsletter – a service that allows subscribing to and receiving electronically free information about Products and promotions of the Seller.
Business day – one day from Monday to Friday, excluding public holidays.

2. General provisions

Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Terms and Conditions.
The Customer undertakes to use the Online Shop in accordance with applicable law and rules of social coexistence.
The Customer using the Services of the Seller is obliged to comply with these Terms and Conditions.
The Seller complies with the principles of personal data protection of Customers provided for by the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
The Customer agrees to the collection, storage and processing of personal data by the Seller for the purpose of the contract. Detailed conditions of collecting, processing and protecting personal data by the Seller are defined in the “Privacy Policy” of the On-line shop.
Product information located at the Online Shop website is an invitation to contract within the meaning of Article 71 of the Act of 23 April 1964 Civil Code.
All prices shown at the website of the Online Shop are gross prices.
The Seller reserves the right to make changes to the prices of Products available at the Online Shop, introduce new Products and carry out and cancel promotional actions or make changes to ongoing promotions. In the case of promotions involving a temporary reduction in the price of a Product, the Seller shall indicate on the Product's page, next to the promotional price, the previous lowest price of the Product, which was in force during the 30 days prior to the introduction of the promotion. The scale of the reduction will be determined in relation to the lowest price indicated.
The Customer is prohibited to provide content of an unlawful or offensive nature. The Customer is obliged to use the Seller’s websites in a way that does not interfere with their functioning, in particular by not using any specific software (including malicious software) or devices.
Particular risks associated with the use of services by electronic means is the possibility of unauthorized persons to gain access to data transmitted over the network or stored on computers connected to the network and interfere with this data, which may cause, in particular, their loss, unauthorized change or prevent the use of services offered using the Online Shop.

3. Services and general terms of service

The Seller provides services electronically through the Online Shop:
1. providing content about the offer and the Products on the website of the Online Shop,
2. enabling the filling of an order form in order to conclude a sales agreement,
3. enabling registration in order to create a Customer Account and maintaining the Customer Account in the Online Shop,
4. sending information about promotions and Products to Customers in the form of a “Newsletter”.
Services specified in paragraph 1 are provided free of charge.
The contract for electronic services in the form of allowing the completion of an order form is concluded with the customer for a definite period of time at the time of his accession to fill out the form and is terminated at the time of withdrawal from completing the form or when the completed form is sent to the Seller.
The agreement for the provision of electronic services in the form of enabling registration and maintaining a Customer Account is concluded with the Customer for an indefinite period of time at the time of registration in the Online Shop.
The establishment of a customer Account (“registration”) takes place using the functionality available on the website of the Online Shop – the Registration Form.
Having a Customer Account is not required to place an order for Products available in the Online Shop.
The contract for electronic provision of the "Newsletter" service shall be concluded for an indefinite period of time as soon as the Customer signs up for the "Newsletter" service using the functionality available on the Online Shop website and shall terminate upon termination of the contract by the Customer in accordance with the terms and conditions specified in these Terms and Conditions or upon unsubscribing from the subscription list using the hyperlink (link) included in the Newsletter messages.
Technical requirements necessary to use the services provided by the Seller:
1. device with access to the Internet,
2. a web browser which supports cookies,
3. access to electronic mail.
The Customer bears the fees associated with Internet access and data transmission in accordance with the tariff of his Internet service provider.

4. Contract of sale

The Seller allows you to place orders for Products available in the Online Shop:
1. by means of the Order Form available in the Online Shop 24 hours 7 days a week;
2. by e-mail to info@roko.bike.
3. by telephone at +48 511 792 001
To place an order through the Order Form available in the Online Shop, the Customer selects a Product available in the Online Shop, specifying the quantity he or she wishes to purchase and indicating the characteristics of the ordered Product. After choosing the Product (adding the Product to the “cart” through the functionality available in the Online Shop), the Customer fills in the Order Form, indicating the data necessary for the Seller to process the order, and then confirms the order by clicking the “Order and pay” button.
In order to place an order via e-mail, the Customer provides the Seller with information about the ordered Product and the data necessary for the implementation of the order, in particular identification data, address data and data to enable contact regarding the order (phone number, e-mail address).
After receiving the order, the Seller sends to the Customer, via e-mail to the address provided during the order placement, a statement of order acceptance. Then, after verifying the possibility of processing the order, the Seller sends the Customer an order confirmation message. The moment the Customer receives the order confirmation message the sales agreement is concluded.
The order confirmation message contains the agreed terms and conditions of the sales agreement, in particular the quantity and type of Product ordered, the total price to be paid, together with delivery costs and the amount of discounts granted (if applicable).

5. Order processing time and delivery

The Seller fulfills orders in the order of their receipt (subject to §6.3 of these Terms and Conditions).
The order processing time consists of the preparation, completion, packaging and release of the Product by the Seller. The average order processing time is up to 3 working days.
Orders placed on a working day after 2 p.m. and on holidays are treated as placed on the next working day.
In the event that part of an order consisting of several Products is currently unavailable, the Customer is informed of this by phone or e-mail and decides how to proceed with the order (partial completion, extension of the waiting time, cancellation of the entire order or selection of a replacement Product).
In the case of orders consisting of several Products with different availability, which are to be delivered in one shipment, the order lead time will depend on the date on which the Seller completes the last Product covered by the order, unless agreed otherwise with the Customer.
The time of delivery of the Product to the Customer by the carrier or by the Seller’s own transport should be added to the order completion time, according to the delivery method chosen by the Customer. Information about the methods and costs of delivery are available on the website of the Online Shop and are indicated to the Customer when placing an order.
Orders are issued for delivery only on working days.
Upon receipt of the package the Customer should carefully check the state of packaging and its contents. If there are any damages or other irregularities, the Customer should make a damage protocol in the presence of the courier and notify the Seller.
In the case of refusal of acceptance of the shipment or the impossibility of its delivery for reasons attributable to the Customer, the Seller has the right to charge the Customer with the costs incurred in connection with such a situation (e.g. costs of returning the shipment to the Seller or resending it to the Customer).
If the Seller covers the Customer’s damage caused during transportation of the Product, the Customer’s claims on that account against the carrier, to the extent to which they were covered by the Seller, pass to the Seller. Transfer of claims to the Seller does not require a separate assignment agreement.

6. Payment methods

The Customer pays for the ordered Products as a prepayment:
1. by ordinary transfer to the Seller’s bank account;
2. via the electronic payment system Przelewy24 operated by PayPro SA, ul. Pastelowa 8, 60-198 Poznań, in accordance with the system’s regulations (https://www.przelewy24.pl/regulamin).
The customer is obliged to make payment within five days of the conclusion of the contract. If the payment is not made within the specified time the order may be cancelled.
The Seller proceeds to fulfill the order when he receives information about positive authorization of the transaction from the operator of the online payment system, or after posting funds on the bank account in the case of payment by bank transfer.
The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address indicated by the Customer when placing the order.
If it is necessary to refund the funds for the transaction made by the Customer with a payment card, the Seller will make the refund to the bank account associated with the payment card of the Customer.

7. Warranty for defects of the Product (FOR SALES CONTRACTS CONCLUDED BEFORE 1 JANUARY 2023)

According to Article 556 of the Act of 23 April 1964 Civil Code, the Seller is responsible to the Customer if the sold Product has a physical or legal defect. The Seller is exempt from liability under the warranty if the Customer knew about the defect at the time of concluding the agreement.
The delivery of the Product within the implementation of rights under the warranty for defects takes place at the expense of the Seller.
The Seller is responsible under the warranty if the defect is found before the expiry of two years from the date of release of the Product to the Customer.
Notification of defects in the Product should be sent by e-mail to info@roko.bike or in writing to the address of the Seller. The notification can be sent on the form attached as Attachment No. 2 to the Terms and Conditions.
If the sold item has a defect, the Customer may submit a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective item for a defect-free one or will remove the defect. This restriction 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 item or remove the defect.
The Customer may instead of the removal of defects proposed by the Seller require the replacement of the item for one free from defects or instead of the replacement of the item require the removal of the defect, unless bringing the item to conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs compared to the way proposed by the Seller.
The Customer can not withdraw from the contract if the defect is insignificant.
If it is necessary for the assessment of physical defects, the Product should be delivered to the address: ROKO.BIKE Sp. z o.o. Wyzwolenia 59 street, 43-460 Wisła.
The Seller shall respond to the Customer’s notification within 14 calendar days of its receipt. Failure to consider the notification within the specified period is equivalent to its acceptance.

7a. Responsibility for the conformity of the Product with the contract (for sales contracts concluded as of 1 January 2023)

Pursuant to Article 43a et seq. of the Act of 30 May 2014 on Consumer Rights, the Seller shall be responsible to the Customer who is a consumer for the compliance of the Product with the contract of sale. The provisions concerning the consumer in this chapter shall apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The Seller shall not be liable for the lack of conformity of the Product with the agreement to the extent referred to in Article 43a (2) or (3) of the Act of 30 May 2014 on Consumer Rights if the consumer, at the latest at the time of conclusion of the agreement, has been expressly informed that a specific feature of the Product deviates from the requirements of conformity with the agreement set out in Article 43a (2) or (3) of the Act and has expressly and separately accepted the lack of a specific feature of the Product.
The Seller shall not be liable for the lack of conformity of the Product with the contract to the extent to which the non-conformity of the Product with the contract is exclusively due to improper installation of the Product or using the Product in an improper manner or inconsistent with its intended use.
Delivery of the Product in exercise of the rights set out in this paragraph shall be at the Seller's expense.
The Seller shall be liable for the lack of conformity of the Product with the agreement existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Product, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. Any lack of conformity of the Product with the contract which has become apparent before the expiry of two years from the time of delivery of the Product shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the Product with the contract.
Notification of non-conformity of the Product with the contract should be sent by e-mail to info@roko.bike or in writing to the address of the Seller's registered office. The notification may be sent on the form constituting Annex No. 2a to the Terms and Conditions.
If the Product is not in conformity with the contract, the consumer may request its repair or replacement. The Seller may replace it when the consumer demands repair, or the Seller may repair it when the consumer demands replacement, if bringing the Product into conformity with the agreement in a manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the contract.
If the Product is not in conformity with the contract, the consumer may make a statement on price reduction or withdrawal from the contract when:
1. the Seller has refused to bring the Product into conformity with the contract;
2. the Seller has failed to bring the Product into conformity with the contract;
3. the lack of conformity of the Product with the contract continues even though the Seller has tried to bring the Product into conformity with the contract;
4. the lack of conformity of the Product with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first having recourse to repair or replacement;
5. it is evident from the Seller's statement or circumstances that he will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience for the consumer.
The customer may not withdraw from the contract if the lack of conformity of the Product with the contract is insignificant.
The Seller shall reimburse the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days of receipt of the consumer's statement on price reduction.
In the event of withdrawal from the agreement, the consumer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall reimburse the price to the consumer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return. The Seller shall refund the price using the same method of payment that the consumer used, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
If necessary for the assessment of physical defects, the Product should be delivered to the address: ROKO.BIKE Sp. z o.o. Wyzwolenia 59 Street, 43-460 Wisła.
The Seller shall respond to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified time limit is equivalent to its acceptance.
The Seller shall cover the costs of collection, delivery, removal of defects or replacement of the Product with a new one.

8. Withdrawal from the sales agreement

The Customer who is a consumer in relation to Article 27 of the Act of 30 May 2014 on consumer rights, has the right to withdraw from a contract concluded remotely without giving reasons.
The provisions relating to the consumer in this chapter shall apply to a natural person concluding an agreement directly related to his business activity, when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
The right to withdraw from the contract within 14 calendar days from the moment of taking possession of the Product by the Customer or a third party indicated by him other than the carrier. If the contract covers a number of items that are delivered separately, in batches or in parts – the deadline runs from the moment of taking possession of the last item, batch or part.
The Customer may withdraw from the contract by making a statement on the form attached as Appendix 1 to these Terms, sending it to the address of the Seller or electronically to info@roko.bike.
In order to meet the deadline specified in point 3, it is enough to send a statement of withdrawal before its expiry.
The Seller shall immediately confirm to the Customer the receipt of statement of withdrawal.
The Seller will immediately, within no more than 14 calendar days from the date of receipt of notice of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivery of items. The Seller shall return the payment using the same method of payment used by the Customer, unless the Customer has explicitly agreed to another method of payment return that does not involve any costs for him.
If the Seller has not offered to collect the Product from the Customer himself, he may withhold the reimbursement of the received payments until he receives the Product back or the Customer provides proof of its return, whichever event occurs first.
If the Customer chose a method of delivery other than the cheapest ordinary way offered by the Seller, the Seller is not obliged to reimburse the Buyer the additional costs incurred by him.
The Customer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date of withdrawal from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is enough to send back the Product before its expiry.
The Customer bears only the direct costs of returning the Product.
The Product should be delivered to the Seller at the address: ROKO.BIKE Sp. z o.o. Wyzwolenia 59 street, 43-460 Wisła.
The Customer is obliged to properly secure the Product during transport. The Seller does not accept shipments sent COD.
In the event of withdrawal from the contract, the consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
The right to withdraw from the contract does not apply to the Customer in relation to the contracts specified in Article 38 of the Act of 30 May 2014 on consumer rights, inter alia in relation to the contract:
1. in which the object of performance is a non-reproduced item, manufactured to the consumer’s specification or serving to meet his individualised needs,
2. in which the subject of the performance are things which after the delivery, due to their nature, are inseparably connected with other things.

9. Withdrawal from the contract for electronic services and complaint procedure with regard to electronic services

In the case of contracts for the provision of electronic services of a continuous and unlimited duration (e.g. Customer Account, Newsletter), the Customer has the right to terminate the contract. The Customer may terminate the agreement with immediate effect and without giving any reason by sending a statement of termination to the e-mail address info@roko.bike.
The Seller reserves the right to terminate the agreement for the provision of electronic services of a permanent and unlimited nature at 14 days notice in the event of breach by the Customer of the provisions of these Terms and Conditions.
In the event of non-performance or improper performance of services provided by the Seller via the Online Shop, the Customer is entitled to make a complaint by e-mail to the address info@roko.bike.
A properly made complaint should include the Customer’s designation (name and surname or business name, address of residence or registered office and e-mail address), the subject of the complaint together with the indication of the period to which the complaint applies and the circumstances justifying the complaint.
The complaint shall be considered by the Seller within 14 calendar days of receipt.

10. Provisions concerning entrepreneurs

The provisions of this paragraph apply only to Customers who are not consumers in accordance with Article 22¹ of the Civil Code.
The provisions of this paragraph do not apply to contracts of sale, if the buyer is a natural person who enters into an agreement directly related to his business, if the content of the agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
Seller reserves the right to withdraw from the sales contract at any time, unless the Product has been issued to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Termination of the contract by the Seller does not entitle the Customer to any claims against the Seller.
The Seller reserves the right to limit the payment methods available at the Online Shop. The Seller reserves the right to require prepayment of all or part of the order value, regardless of the payment method selected by the Customer.
Pursuant to Article 558 of the Civil Code, if the Product is sold to a Customer who is not a consumer, the Seller’s liability under warranty is excluded.
Pursuant to Art. 548 §1 of the Civil Code, upon the release of the Product by the Seller to the Customer, a third party indicated by the Customer or the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer.
Seller’s liability to the Customer is limited only to actual damage suffered by the Customer in connection with improper performance of the contract by the Seller, whereby the Seller shall be liable in an amount not greater than the value of an order placed by the Customer.

11. Seller’s liability

The Seller shall not be liable for the introduction by the Customer of incorrect data (in particular, by providing incorrect data in the forms available on the website) or the Customer’s actions in a way that hinders or prevents the provision and implementation of services by the Seller.
Seller is not responsible for the consequences of using the Online Shop by the Customer in a manner inconsistent with the provisions of the Terms and Conditions, applicable laws and applicable rules of social intercourse or custom.
Seller reserves the right to suspend or terminate the provision of individual features of the Online Shop due to the need for maintenance, review or expansion of technical base or software. Suspension or termination of individual functionalities of the Online Shop cannot violate the rights of the Customer.

12. Intellectual property

Any content placed on the Online Shop (including graphics, text, page layout and logos), and not originating from the Customer or other suppliers, enjoy the protection provided for copyright and are the exclusive property of the Seller. The use of such content without the written consent of the Seller shall result in civil and criminal liability.
The Customer is obliged to use any content of the Online Shop only for their own personal use. The use of the content in a different scope is allowed only if it has been explicitly indicated by the Seller.
The use of the Online Shop, including the use of text materials, graphics, photos, applications, databases or other content does not mean that the Customer acquires any rights in relation to the indicated content, and in particular does not mean the acquisition of copyrights, related rights or licenses.
It is forbidden to undertake the following actions without the express consent of the Seller:
1. copying, modifying and transmitting electronically or otherwise the Online Shop or parts thereof, as well as individual content made available through it,
2. distribution in any way of the content published in the Online Shop,
3. downloading of database content and its secondary use in whole or in part.

13. Final provisions

Seller reserves the right to change these Terms and Conditions. The Seller shall inform about changes to the Terms and Conditions on the website of the Online Shop at least 14 calendar days before the changes to the Terms and Conditions come into effect. The change of provisions of the Terms and Conditions shall not apply to Customers who have placed an order during the validity of the previous version of the Terms and Conditions. Changes to the Terms and Conditions during a continuous contract are binding on the other party, if the requirements specified in Article 384 of the Civil Code have been met and the party has not terminated the contract within 14 calendar days.
In other matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. If the provisions in force in the consumer’s country are more beneficial to him, and these provisions cannot be excluded by agreement, they will apply to the agreement concluded through the online shop.
The Customer has the opportunity to use out-of-court methods of dealing with complaints and claims arising from orders placed in the Shop. These include: in the case of a dispute over property rights arising from contracts of sale and provision of services, applying for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Commercial Inspection; applying to the Provincial Inspector of Commercial Inspection in Katowice (https://katowice.wiih.gov.pl) to take action to resolve the dispute out of court on the basis of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823).
Notwithstanding point 3, the Customer may request assistance from a municipal (district) consumer ombudsman. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
A Customer who is a consumer can also use the electronic way to resolve disputes with the Seller through the ODR platform available at http://ec.europa.eu/consumers/odr/.
Any disputes arising from the provision of services under these Terms and Conditions will be submitted to resolution:
1. a court of general jurisdiction at the Customer’s choice in accordance with the applicable provisions of Polish law, if the Customer is a consumer or an entrepreneur referred to in §8 point 2 of the Terms and Conditions,
2. a court of general jurisdiction according to the seat of the Seller, if the Customer is not a consumer.
The appendices to the Terms and Conditions constitute an integral part thereof.
The Terms and Conditions shall come into force on 17 March 2022.

Annex 1 – Model withdrawal from the contract

Annex 2 – Claim form

Annex 2a - form for declaring non-conformity of products with the contract