1) These Regulations have been drawn up and are used by Free Star, Renata Moryn with its registered office in Wroclaw, Ostrowskiego 30 Street, 53-238 Wroclaw, Poland NIP 8941143546, REGON 021256921, e-mail email@example.com and the website https://freestar-moto.com/en
2) The user and any other person can communicate with Free Star using the contact details given in point. 1 and the following contact details:
3. Address for correspondence: Free Star, 30 Ostrowskiego Street, 53-238 Wroclaw, Poland
4. E-mail address: firstname.lastname@example.org
5. Online store: https://freestar-moto.com/en
6. Telephone /fax: +48 71 363 39 85 open 9-15 Monday to Friday
7. To the extent that these Regulations regulate the provision of services by electronic means, it is the Regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
8. Everyone can read the content of the Regulations free of charge.
In the Regulations, terms started with a capital letter shall have the following meaning:
1. “Price” – shall mean the gross price of a given item, placed in the Online Store next to the information about the item (i.e. price of the Item for which the User can buy the Item from Free Star). The price does not include the cost of goods delivery. The price is expressed in Polish zloty and includes value added tax (VAT). In case of offering a discount for a given Item, the Price means the above described gross price after a discount.
2. “Free Star” – shall mean the Free Star brand belonging to Renata Moryn with its registered office in Wroclaw, Ostrowskiego 30 Street, 53-238 Wrocław, Poland NIP 8941143546, REGON 021256921, electronic mail email@example.com and the website https://freestar-moto.com/en
3) “Comment” – shall mean information (statements) entered by the User into the IT System using the Online Store functions. After being accepted by Free Star, the Comment shall be placed in the Online Store in the “User Opinions” section under a given Item.
4. “Consumer” – shall mean a consumer within the meaning of Article 221 of the Act of 23 April 1964 Civil Code (Journal of Laws 2017.459, i.e.).
5. “User Account” – shall mean a part of the Online store, allowing the use of the functions described in point 3 of the Regulations by the Registered User.
6. “Delivery costs” – shall mean a fee for delivery of the Item being a subject of the given sales contract. The Delivery Costs are expressed in Polish zloty and include the value added tax (VAT). Delivery Costs depend on the method of delivery selected by the User.
7. “Basket” – shall mean the function of the Online store used to select Items by the User (including creating a list of Items and removing and adding Items to the created list) under the procedure of placing an Order (concluding a Sales Agreement).
8. “Regulations” – shall mean present Terms and Conditions drawn up and applied by Free Star.
9. „Online Store” – shall mean an Internet service operating on the basis of the IT System, managed and made available on the Internet at a domain address: https://freestar-moto.com/en
10. “Information System” – shall mean the Free Star telecommunication system used to provide Services, including the graphic interfaces of the Online store.
11. „Items” – means a movable item presented in the Online Store (e.g. motorcycle accessories, clothing), which may be the subject of a Sales Agreement. The Items shall be understood exclusively as an item presented in the Online store with the information “available”. For the avoidance of doubt, it is assumed that items presented in the Online store, which have been marked with the term “unavailable” or which cannot be added to the Cart (the option of adding to the Cart has been blocked) do not constitute Items within the meaning of the Regulations.
12. “Service Agreement” – shall mean the agreement for the provision of Services (including the Agreement for the Provision of Web Services and the Agreement for the Provision of Account Services) concluded by Free Star with the User on the terms described in the Regulations. In the case of the Service Agreement concluded by Free Star with a User who is a Consumer, the Service Agreement is a distance contract within the meaning of the Act on Consumer Rights.
13. “Sales Contract” – shall mean the contract of sale of the Item concluded between Free Star and the User using the Online Store, in the manner described in the Regulations. The Sales Agreement is a distance contract within the meaning of the Act on Consumer Rights.
14. ‘Service’ – shall mean the service indicated in point 1 of the Regulations provided by Free Star using the IT System.
15. ‚Act of Consumer Rights’. – shall mean the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2017.683, i.e.).
16. “User” – shall mean an entity which, in accordance with the provisions of law, is capable of concluding an Service Agreement; an entity which uses the Online Shop in any way, in particular an entity displaying publicly available pages of the Online Store or an entity which has concluded a Sales Agreement. In order to avoid any doubts doubt, the term “User” shall be understood in particular as a person who has concluded a Sales Agreement or Service Agreement with Free Star. The term “User” also includes “Registered User”.
17. “Registered User” – shall mean a User who has registered in the Online store according to the provisions of point 6 of present Regulations for the purposes of using the Account Service (i.e., User concluded an agreement with Free Star for the provision of the Online Shop Service electronically).
18. “Order” – shall mean an order for Items available in the Online Store, placed by the User using the Online Store. The content of the Order indicates the Price (in the case of ordering more Items also the total Price for all Items), the place of delivery of the Items and the User’s data. The Order constitutes an offer to conclude a Sales Agreement for the Item(s) indicated in the content of the Order for the Price indicated in the Order on the terms specified in the Order and the Regulations.
19 „Abrasion Warranty” – means an advertising text and obliges Free Star to consider replacing pants with new ones only if the user, as a result of a fall while riding in a single-track vehicle, also destroys the coating of Kevlar Dupont shorts causing permanent damage such as holes in the Aramid material. Damage to the pants or shorts’ shell itself in the form of abrasions and scratches is not considered by Free Star as a basis for replacing pants with new ones.
20. ‘Trousers’ – shall mean a Free Star product with a minimum of 80% cotton.
21. “Kevlar Dupont shorts” – shall mean a Free Star product that includes at least 80% Aramid.
3. GENERAL PROVISIONS (TYPE AND RANGE OF SERVICES)
1) Free Star provides the following services in the Online Store:
2) Web service – a service consisting of making available, at the individual request of the User, data and information placed on the publicly accessible pages of the Webshop, by displaying the Webshop’s page with a specific URL address and the possibility of entering Comments and using the Webshop’s IT mechanisms (features of the Webshop). The Web service includes in particular:
(a) the possibility of reading the content of articles, manuals, etc. placed on the pages of the Online Store;
(b) the possibility of searching for and browsing through publicly accessible subpages of the Online Store (i.e. subpages of the Online Store to which access does not require registration and logging in);
(c) the possibility of familiarizing oneself with the description and photos of the Items placed on the generally available subpages of the Online Store;
(d) making the IT mechanisms of the Online Store available for placing orders (electronic forms, etc.);
(e) the opportunity to view Comments posted in the Online Store;
(f) the possibility of entering Comments using the function of the Webshop, in order to place them in the Webshop according to the rules described in point 3.5 below;
(g) the ability to send messages (including comments or questions) to Free Star using the contact forms available in the Online Shop.
3. Account Service – a service consisting in making the resources of the IT System available to the Registered User for the purpose of:
(a) maintaining the User Account,
(b) providing the Registered User using the IT System the possibility of:
I. keeping my contact details;
II. changing the password authorising access to the User Account;
III. accessing to their order history, complaints.
4. Newsletter service – a service consisting in periodical sending by Free Star via e-mail a commercial information containing information about services provided by Free Star or other entities, current promotions and discounts and other news about Free Star or other entities and services provided by them, including opinions, press materials, links to pages.
5. The Web service is available to all Users, without the need to register in the Online Store. Each User may browse and search the commonly accessible pages of the Online Store.
6. The Account Service is provided exclusively for Registered Users. The use of the Account Service is possible only after the Registered User has registered and logged in to the Online Store.
7. The agreement for the provision of the Web Service is concluded for an indefinite period of time when the User effectively calls up the URL of any of the publicly accessible pages of the Webshop or uses a redirection (hyperlink) leading to any of the publicly accessible pages of the Webshop (i.e. entering the Webshop). The agreement for the provision of the Web Service shall be terminated when the User leaves the Webshop.
8. As part of the use of the Web Service, the User may send, using the function of the Web Shop (a form under the description of a given Item, in the “Opinions” section), Comments concerning a given Item. Comments sent by the User are subject to verification (moderation) by Free Star. If a given Comment is accepted by Free Star, it will be placed in the Online Store, under the description of the Item (in the “Opinions” section), under which there is a form used by the User to send the Comment.
9. The comment placed in the Online Store will be marked with a User ID.
10. The Agreement for the provision of the Account Service is concluded for an indefinite period of time according to the rules described in point 6 of the Regulations and may be terminated according to the rules described in point 8 of the Regulations.
11. The Newsletter service is provided exclusively for Users who have sent an application using the application form placed in the Online Store.
12. Website Service, Account Service and Newsletter Service is provided without the User having to pay any fees to Free Star. The User shall bear the costs of connection and the use of the Internet, in accordance with the content of the agreement connecting the User with his telecommunications operator (Internet provider).
13. Service agreements and Sales Agreements may be concluded only in Polish.
14. Free Star informs that it does not charge Users a deposit or does not demand providing other financial guarantees.
4. PROHIBITION OF ILLEGAL CONTENT
1. The User cannot provide illegal content, in connection with the use of the Services, in particular content:
2. violating the rights of other person, in particular property or personal copyrights, business secrets, industrial property rights, as well as personal rights of other person,
3. supporting or proclaiming social radicalisation, in particular any discrimination based on sex, age, disability, race, religion, nationality, political or social beliefs, trade union membership, ethnic origin, religion or sexual orientation,
4. incitement to commit a crime,
5. violating mandatory laws and rules of social coexistence.
6. The user who receives a message that any content made available in the Online Store is illegal, may report this fact to Free Star, in particular by sending a message to an e-mail address: firstname.lastname@example.org
7. In case of receiving an official notice or obtaining a reliable message about the illegal nature of the content provided by the User, Free Star is entitled to prevent access to this content.
8. The User cannot use the Online Shop and Services in a manner causing disruption to the functioning of the IT System or any of its elements.
5. TECHNICAL CONDITIONS AND RISKS
1. The use of the Services, including the use of the Online Store is possible provided that the User has an Internet connection and has an ICT system that meets the following minimum technical requirements:
2. A correctly configured browser compliant with Microsoft Internet Explorer 8.0 or higher, Firefox 26 or higher, Chrome 27 or Mac OS X Safari 8.0 or higher,
4. Free Star informs that in case of failure to meet the above described minimum technical requirements, using the Services may be impossible, difficult or the Online Shop may not work or operate properly.
5. In connection with the provision of the Services, in some cases, cookies may be installed in the User’s ICT system. This will take place only after obtaining the User’s separate consent, expressed in particular by setting up the Internet browser accordingly.
6. For more information about the cookies used in the Webshop, please visit https://freestar-moto.com/pl/privacy-policy/
6. In order to verify the conclusion of the Service Agreement and the Sales Agreement, the data is stored in a database on Free Star servers together with information about acceptance of the Regulations.
7. Free Star applies the following methods and technical measures to detect errors in the data entered in the registration in the Online Store and placing Orders:
(a). verification of the correctness of the data entered,
(b). auto picking mechanism,
(c). Double-entry password mechanism,
(d). method of confirming the correctness of data and orders entered.
(e). The content of the concluded Service Agreement and Sales Agreements shall be preserved, secured and made available to you by:
(f). attaching the content of the Regulations to the registration e-mail and/or the Order,
(g). verification that the User has read the Regulations,
(h). Free Star informs that using the Services involves the risk and threat of finding weaknesses in the cryptographic system and breaking a secure ICT system to obtain personal data or other information.
6. USER ACCOUNT REGISTRATION
1. The Online Store allows you to register the User using two ways (procedures) of registration:
2. basic procedure;
3. a simplified procedure consisting of registration of the User’s Account in the Online store by the User who has previously placed an Order, using the data contained in the Order.
4. User registration in the Online Store and activation of the User Account in the basic procedure is as follows:
5. the User enters the Online Store’s subpage containing a registration form; the information contained in the Online Store constitute an offer to conclude an Agreement for the provision of the Account Service on the terms described in the Regulations;
6. The User enters an e-mail address, which is at the same time a User ID and a password, into the form in the Online Store;
7. The user should read the content of the Regulations;
8. The user agrees to the content of the Regulations by marking the appropriate field placed within the registration form. Failure by the User to agree to the content of the Regulations makes it impossible to continue the registration procedure in the Online Store (i.e. prevents the conclusion of an Agreement for the provision of the Account Service);
8. By clicking the “Register Account” button placed under the form, the User sends the completed registration form (i.e. the data given in the registration form and acceptance of the Regulations) to the Free Star, without prejudice to point 11 below;
9. The moment the above described registration form is sent (i.e. click “Register” button) the Agreement for the provision of the Account Service under the terms of the Regulations is concluded between the person making the registration (or the entity on whose behalf acts the person making the registration) and Free Star. From this moment the User can use the Account Service;
10. After receiving the registration form, Free Star sends an e-mail with information about the registration to the user’s e-mail address given during the registration process;
11. If the User provided an e-mail address already used as an identifier by the Registered User or another person (another Registered User), the IT System will automatically notify the Registering User, asking him/her to propose another e-mail address. In this case, the User is not registered in the Online Store, but is redirected to the registration form in order to provide a different e-mail address by the User.
12. The registration of the User in the Online Store and activation of the User Account in the simplified procedure is as follows:
I. As part of the Order placement procedure (conclusion of the Sales Agreement) described in point 9.4 of the Regulations by a User who does not yet have a User Account in the Online store, the User has the option of creating a User Account on the subpage of the Online store;
II. The user should read the content of the Regulations;
III. The User agrees to the content of the Regulations by marking the appropriate field placed within the registration form. Failure by the User to agree to the content of the Regulations makes it impossible to continue the registration procedure in the Online Store;
IV. Pressing the “Register” button placed on the Online Store’s subpage summarising the Order placed by the User to an email address shall cause an email to be sent with information about the activation of the User Account and a link to the page in the Online Store containing a form enabling the creation of a password for the User Account;
V. The user shall enter his or her password in the registration form placed in the Online Store;
VI. By clicking the button “Set new password” placed under the form, the User sends to Free Star a completed form with a password to log in to the User Account;
VII. As soon as the form referred to in point 6.12.VII (i.e. clicking the button “Set new password”), between the person making the registration (or the entity on behalf of which the person making the registration acts) and Free Star, an Agreement for the provision of the Account Service shall be concluded on the terms resulting from the Regulations;
VIII. Free Star informs that the requirement to activate a User Account has been introduced in order to protect all persons, including Users from unauthorized use of their data (including e-mail address) and to ensure safe functioning of the Online Store.
IX. The User has access to his User Account by means of the login (e-mail address) and password provided by him during registration (and in the case of a simplified procedure when placing an Order). A Registered User may change the login or password to access the User Account.
I. registering a User who is not a natural person, under the Basic Procedure or the Simplified Procedure
II. placing an Order without the User registration procedure on behalf of the entrepreneur
– makes a statement under pain of legal consequences that he/she is a person entitled to act on behalf of the entrepreneur or as an entrepreneur independently, or as his proxy, or as a partner in a partnership or a body of a capital company or other legal person. The User shall be liable for any false statement and for any damage to Free Star’s assets caused by the User’s action.
7. NEWSLETTER SERVICE
1. The Newsletter Service Agreement is concluded for an indefinite period of time.
2. The Newsletter Service shall be ordered by the User by performing the following registration activities in the Online Store:
3. providing the User’s e-mail address in the form placed in the Online Store;
4. agree to receive the contents of the newsletter at the e-mail address provided in the form and accept these Regulations;
5. Click on the “Save me” button;
6. a message shall be sent to the User’s e-mail address with information about the User’s application to use the Newsletter Service;
7. clicking on the link confirming registration shall result in the conclusion of the Newsletter Service Agreement and commencement of the Newsletter Service by the Service Provider.
8. The User has the rights to resign from receiving the Newsletter Service at any time without giving any reason for such resignation. The User may resign from the Newsletter Service by clicking on the link in the footer of the Newsletter Service in each message addressed to the User. The User may also resign from the Newsletter Service by changing the settings in the User Account or via the means of communication specified in point 1.2 of the Regulations by sending an appropriate statement.
8. DURATION AND TERMINATION OF THE ACCOUNT SERVICE AGREEMENT
1. The Account Service Agreement is concluded for an indefinite period of time.
2. The Registered User may:
(a). terminate the Account Service Agreement at any time by submitting to Free Star a notice of termination of the Account Service Agreement without giving any reason,
(b). submit a declaration of termination of the Service Agreement, in particular by sending the declaration by e-mail to the following Free Star e-mail address: email@example.com
3. Free Star may terminate the Account Service Agreement with immediate effect in case of any of the following important reasons:
(a). violation of the Regulations by the Registered User
(b). violation of a law or the rights of others, by the Registered User, in connection with the use of the Account Services,
4. Regardless of the provisions of paragraph 4 above, Free Star may terminate the Account Service Agreement upon 7-day (seven-day) notice in the event of any of the following important reasons:
(a). the statement by Free Star that a Registered User uses the Online Store in a manner that violates good manners,
(b). stating by Free Star that a Registered User uses the Services in a manner contrary to the assumptions, objectives or scope of the Online store,
(c). the statement by Free Star that the Registered User is engaged in activities that violate or threaten the security of the IT System,
(d). liquidation of the Online store or change in the scope of operation of the Online store.
5. If a given circumstance constitutes both an important reason described in point 4, Free Star may, at its own discretion, terminate the Agreement for the provision of Services with immediate effect under point 3 above or with the notice period specified in point 3 above.
6. The termination of the Agreement for the provision of the Account Service by Free Star takes place by sending a notice of termination of the Agreement to the registered User’s e-mail address indicated in the User Account (i.e. given during registration or changed by the registered User after registration) or by submitting a notice to the User in any other way.
7. the User Account shall remain active until it is cancelled in connection with the cancellation (in the case of a consumer) or termination by the User of the Account Service Agreement, whereby the User Account shall remain active until the completion of all pending Orders or Services. Deletion of the User Account is possible after sending a relevant statement to the address: Free Star, 30 Ostrowskiego Street, 53-238 Wroclaw
8. at the request of the User, Free Star may provide the User with the data stored within the User Account. Free Star reserves the right to retain the data stored within the User Account in order to secure rights and possible claims.
9. SUBMISSION AND PERFORMANCE OF THE CONTRACT (SALES CONTRACT AGREEMENT)
1. Placing an Order and concluding a Sales Agreement does not require registration in the Online Store.
2. User can place Orders using the Online Store for 7 (seven) days a week and 24 (twenty four) hours a day.
3. The information about the Items presented by Free Star within the framework of the Online Store constitute an invitation by Free Star to conclude an Agreement for the sale of the Items within the meaning of Article 71 of the Civil Code.
4. The conclusion of the Sales Agreement within the framework of the Online Store (i.e. the purchase of specific Items using the Online Store) shall take place in accordance with the following procedure and rules:
5. if the User has a User Account and wants to take advantage of the facilities associated with placing an Order (described in point 3 of the Regulations), he should log in to the Online Store
6. The User should enter the subpage of the On-line store, where the Items that he intends to buy are presented, and then select the Items and add them to the Cart by pressing the appropriate button next to the Items. The User may repeat the above action by adding more Items to the Cart.
7. After adding to the Cart all the Items that the User intends to buy, in the following subpages of the Online Store, using the function of the Online Store, the User should complete the form, in which he will include the address data necessary to complete the Order. If an Order is placed by a Registered User who has logged in to his or her User Account, the contact details of the Registered User, included within the User Account, are automatically entered in the Order form. Before placing an Order, the User has the option to change the User’s contact details automatically entered in the Order form in the way described above.
8. Secondly the User should choose the method of delivery of the Items from among the ones described in point 10 of the Regulations:
(b) „Courier on delivery ” if such a delivery method is included in the Online Store
9. after pressing the “Next step” button, the User will be redirected to the Online Store’s website, where all data concerning the Order will be summarised;
10. if the User has not previously logged in to his/her User Account, he/she should agree to the content of the Regulations by marking the appropriate field placed within the registration form. The User’s failure to agree to the content of the Regulations makes placing an Order impossible;
11. then by pressing the button „Order and pay” the Order is placed. By placing an Order, the User makes a Free Star offer to conclude a Sales Agreement for the Items indicated in the Order, under the conditions specified in the Order and these Regulations;
12. if the “Courier” option is selected by pressing the “Order and pay” button, the user is redirected to the website of the third party providing electronic payment services. Making a payment means placing an Order by the User;
13. After receiving the Order, Free Star will immediately verify whether it is possible to complete the Order.
14. If it is possible to complete the Order, the User who placed the Order (given as part of the registration in the Online Store or when placing the Order) will be informed via email about a statement of acceptance of the Order by Free Star.
15. Subject to point 8(a) below, sending by Free Star information about acceptance of the Order, referred to in point 14 above, constitutes acceptance of the offer made by the User (in the content of the Order) to conclude a Sales Agreement and leads to the conclusion of a Sales Agreement with the content specified in the Order to which these Regulations apply. The User places an Order in accordance with the procedure described above using the functions of the Online Store, including by selecting (marking) appropriate options and entering data into forms located on the following pages of the Online Store.
16. Free Star does not conduct wholesale of Items in the Online Store. The User cannot order more than 20 pieces of the same Item within one Order.
10. PLACE AND TERMS OF DELIVERY
1. The User, when placing an Order, may choose one way of delivering and receiving the Items:
(a). delivery of the Items by a courier to the address on the territory of Poland indicated by the User when placing an Order, is made by selecting the “Courier” option or if the shop provides the “Courier on delivery” option);
2. In case of choosing delivering the Items to the address indicated in the Order, by the User (e.g. address other than the Online Store), The delivery and receipt of the Items shall be made in accordance with the following rules:
(a). The Item will be delivered by courier;
(b). The Item shall be delivered on the date depending on the availability of the Items visible at the description of the given Item in the Online Store and the time of placing the Order.
4. The User may choose only one method of delivery of the Items being the subject of a given Sales Agreement.
11. PRICE, DELIVERY CHARGES
1. Due to the performance of the Sales Agreement (Order), the User is obliged to pay Free Star remuneration including the Price of all Items being the subject of a given Sales Agreement and Delivery Costs.
2. All prices of Items and Costs of Delivery of the Items are expressed in Polish zloty and include the value added tax (VAT).
3. The price of the Items does not include Delivery Costs, the amount of which depends on the method of delivery of the Items chosen by the User.
4. Delivery costs have been indicated in the Online Store directly on the Items’ card.
5. The User may pay the Price and Costs of Delivery before the delivery of the Item (Internet transfer) or upon receipt of the ordered Item, (if such possibility is available in the Online Store),
6. If the User, when placing an Order, has chosen the “Courier” option for delivery of the Item, he may pay the Price and the Costs of Delivery – by Internet transfer using an electronic payment service provided by a third party (e.g. Transfers24).
7. If the Online Store provides the option to purchase “Courier on Delivery” it is the User, when placing an Order, who is obliged to pay the Price and the Costs of Delivery in cash or by debit card upon receipt of the Items delivered by the courier.
8. The User must pay by selecting one („the same”) payment method:
9. if he buys only one Item – the User can choose only one method of payment concerning the total price of a given Item and the Delivery Costs,
10. if he buys more than one Item – the User can choose only one method of payment concerning the total price of all purchased Items and the Delivery Costs.
11. In order to make a payment, the User shall be redirected to an online billing service enabling the execution of transactions using the telecommunications network.
12. a receipt shall be issued for each Order placed on behalf of the User, unless the User reports the need to issue a VAT invoice and provides the data necessary for its issue.
13. a VAT invoice is issued for each Order placed on behalf of a business entity.
14. The receipt or VAT invoice shall be issued at the moment when all the Items selected for the Order are completed and ready for dispatch, unless the Order is executed in batches – in this case a separate receipt/VAT invoice may be issued for each part of the Order.
15. In order to receive a VAT invoice for the execution of the Order, as well as the identification of the User (in the case of Orders made in the name and on behalf of the entrepreneur), the User is additionally obliged to provide the following data, which will be included in the VAT invoice:
16. in the case of a User who is not an entrepreneur and who has expressed a wish to receive a VAT invoice – the User’s address of residence;
17. in the case of an entrepreneur – the registered office and address of the entrepreneur which completed the Order, as well as the tax identification number of the entrepreneur.
12. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT (RETURN OF GOODS)
1. The User shall have the right to withdraw from the Sales Agreement from the moment of concluding the Sales Agreement until 14 (fourteen) calendar days from the day of receiving the Items in accordance with point 12.2 without giving particular any reason.
2. The 14-day period for withdrawal from the Sales Agreement starts from the moment of taking possession of the Items by the User or a third party indicated by the User other than the carrier, and in case the Sales Agreement includes many Items that are delivered separately, in batches or parts – from taking possession of the last item, batch or part. To meet the deadline, it is sufficient to send a statement before the deadline.
3. In order to exercise your right of withdrawal, you must inform Free Star of your decision to withdraw from this Agreement by an unequivocal statement (for example, a letter sent by mail or e-mail). The User may make a declaration of withdrawal from the Sales Agreement in the following way:
4. in writing, by sending a statement of withdrawal from the Sales Agreement to the address: Free Star, 30 Ostrowskiego Street, 53-238 Wroclaw, Poland or by writing to this address
5. by e-mail to the address: firstname.lastname@example.org
6. The User who is a Consumer may submit a declaration of withdrawal from the Sales Agreement on the form, a specimen of which is attached as Appendix 2 to the Act on Consumer Rights. Free Star provides a specimen declaration of withdrawal from the Sales Agreement at the address: https://freestar-moto.com/pl/returns-and-complaints/ The user may use the model withdrawal form, but it is not obligatory.
7. In the event that the User submits a declaration of withdrawal from the Sales Agreement by e-mail, Free Star will immediately send a confirmation of receipt of the declaration of withdrawal from the Sales Agreement to the User by e-mail.
8. In the case of the User’s withdrawal from the Sales Agreement, such an agreement shall be considered as not concluded.
9. The User, who withdrew from the Sales Agreement, is obliged to return the Free Star Items immediately, but no later than within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the above deadline it is sufficient to return the Free Star Items before its expiry. The User may return the Items in the following way:
(a). by sending the Items to Free Star address: 30 Ostrowskiego Street, 53-238 Wroclaw,
10. The User shall bear direct costs of returning the Items, including the costs of returning the Items.
11. In case of withdrawal from the Sales Agreement by the User, Free Star will reimburse the User for all payments received from the User, including the costs of delivery of items (except for additional costs resulting from the method of delivery chosen by the User other than the cheapest usual method of delivery offered by Free Star) immediately, and in any case no later than 14 (fourteen) days from the date of receiving the User’s statement of withdrawal from the Sales Agreement by Free Star, subject to 14 below.
12. Free Star will refund the payment using the same method of payment as the one used by the User to pay for the Items, unless the User expressly agrees to another method of payment refund which will not involve any costs on the part of the User.
13. if the User has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by Free Star, Free Star is not obliged to reimburse the User for additional costs incurred by him/her, exceeding the cheapest usual method of delivery offered by Free Star.
14. Free Star may withhold reimbursement until the Items are received or until proof of return is provided to Free Star, whichever occurs first.
15. The user is responsible for reducing the value of the item resulting from its use in a manner other than necessary to determine the characteristics and functioning of the item.
16. Free Star informs that the User is not entitled to withdraw from the Sales Agreement where:
(a). The object of the service is an item (Goods) delivered in sealed packaging which cannot be returned for health protection reasons or for hygienic reasons if the packaging was opened after delivery,
(b). The object of the benefit are items (Goods) which, after their delivery, are inseparably connected with other goods, due to their characteristics.
(c). The object of the service is audio or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery.
13. RIGHT OF WITHDRAWAL FROM THE SERVICE CONTRACT
1. The User shall have the right to withdraw from the WWW Service Agreement, Account Service Agreement and Newsletter Service Agreement within 14 days without giving any reason. In order to meet the deadline it shall be sufficient to send a statement before its expiry.
2. The deadline for withdrawal from the WWW Service Agreement, Account Service Agreement and Newsletter Service Agreement shall start from the date of conclusion of a given Agreement.
3. In order to exercise the right to withdraw from the WWW Service Agreement, Account Service Agreement and Newsletter Service Agreement, the User must inform Free Star about his decision to withdraw from a given agreement by an unequivocal statement (for example, a letter sent by mail or e-mail). The User may submit a declaration of withdrawal from the WWW Service Agreement, Account Service Agreement and Newsletter Service Agreement, in the following way:
(a). in writing, by sending a statement of withdrawal to Free Star: 30 Ostrowskiego Street, 53-238 Wroclaw or by writing to that address,
(b). by e-mail to the address: email@example.com
4. The User who is a Consumer may submit a declaration of withdrawal from the WWW Service Agreement, Account Service Agreement or Newsletter Service Agreement on the form, a specimen of which is attached as Appendix 2 to the Act on Consumer Rights. Free Star makes a specimen declaration of withdrawal from the agreement available, at the address: https://freestar-moto.com/pl/returns-and-complaints/ The user may use the model withdrawal form, but it is not obligatory.
5. If the User submits a declaration of withdrawal from the WWW Service Agreement, Account Service Agreement and Newsletter Service Agreement by e-mail, Free Star shall immediately send the User a confirmation of receipt of the withdrawal declaration by an e-mail.
6. If the User withdraws from the WWW Service Agreement, Account Service Agreement or Newsletter Service Agreement, such an Agreement shall be considered as not concluded.
14. PHYSICAL AND LEGAL DEFECTS OF THE ITEMS (WARRANTY) / ITEM COMPLAINT
1. All Items sold by Free Star using the Online Store are free from legal defects and have been legally marketed.
2. Free Star informs that in accordance with applicable law, in case of concluding the Sales Agreement, it is obliged to deliver the Items to the User without defects.
3. Free Star informs that in accordance with applicable law, in case of concluding a Sales Agreement, Free Star as a seller is liable to the User for physical and legal defects of the Items (liability under warranty).
4. The User is entitled to lodge a complaint concerning the Item, in particular in case of using the rights resulting from the warranty. The complaint should include data identifying the User, such as his/her name and surname and correspondence address. The complaint should also contain an indication of what the defect of the Item is, as well as a request, i.e. a preferred way of considering the complaint.
5. The User should deliver or send back the defective Item with the complaint to the address of the Online Store.
6. Free Star provides the User with a sample warranty claim form. The use of this form is the User’s right, not the obligation. At the same time, Free Star informs that this document has been prepared in order to facilitate the complaint procedure.
7. As far as possible, Free Star requests that the complaint should be enclosed with the proof of purchase (e.g.: receipt, invoice, transfer or payment confirmation).
8. Free Star will immediately respond to the complaint and inform the User about further proceedings, but will not perform it later than within 14 days from the date of receipt of the complaint.
9. The Items sold by the Seller may be covered by the warranty provided by the manufacturer or importer.
10. The User may exercise rights under the warranty for physical defects of the Item regardless of the rights resulting from the manufacturer’s warranty conditions. Exercising the rights under the warranty does not affect the liability under the warranty.
15. COMPLAINTS ABOUT THE PROVISION OF SERVICES (WEB SERVICES, ACCOUNT SERVICES AND NEWSLETTER SERVICES)
1. The user is entitled to make complaints regarding the provision of Services (Web Services, Account Services and Newsletter Services) by Free Star.
2. The complaint can be delivered to Free Star in any way, including:
(a) sent by e-mail to an e-mail address: firstname.lastname@example.org
(b). delivered to Free Star in writing, e.g. by sending it by courier or post to Free Star , 30 Ostrowskiego Street, 53-239 Wroclaw or submitted in writing to Free Star Online Store at this address.
3. The complaint should include at least: the name and surname of the person lodging the complaint, a description of the reason for the complaint and the request, i.e. the preferred way of considering the complaint.
4. Free Star will process the complaint within 30 (thirty) days of receipt.
5. As soon as the complaint has been considered, but no later than within the period indicated in point 15.4 above, Free Star will provide the User a response to the complaint. The answer will be sent to the e-mail address or delivery address provided by the User in the complaint. If the complaint does not contain the data allowing the User to send a response to the complaint, it will remain to be collected by the User in the Free Star Online Store at the address indicated in point 15.2.(b) of the Regulations.
16. OUT-OF-COURT SETTLEMENT OF DISPUTES METHODS
1. The User who has concluded a Service Agreement or a Sales Agreement, acting as a Consumer, may use out-of-court complaint handling and pursuing claims. The Consumer may use mediation or arbitration. Free Star informs that the Consumer may submit a request for the arbitration of the consumer court, operating at the Regional trade inspection inspector or a request for mediation by the Regional trade inspection inspector. Out-of-court settlement of disputes methods applied by the Regional Trade Inspection Inspectorate are available at the offices and websites of the Regional Trade Inspection Inspectorates. More information about the possibilities of using out-of-court settlement of disputes and claim settlement procedures can be found on the website of the Office of Competition and Consumer Protection (http://www.uokik.gov.pl).
2. Any disputes arising between you as a consumer and Free Star, as far as they are related to the use of the Online Store, may be submitted by the User to an out-of-court settlement of disputes procedure using the ODR (Online Dispute Resolution) Platform, available at the following address http://ec.europa.eu/consumers/odr/ (a link to the ODR Platform can be found on subpages of the website). The use of the ODR Platform is an entitlement and not an obligation of the User who is a consumer, and takes place in accordance with the provisions of Regulation (EU) of 21 May 2013 No 524/2013 of the European Parliament, on online settlement of dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes).
17. FREE STAR’S LIMITATIONS OF LIABILITY
1. Free Star is not responsible for interruptions in the operation of the Online Store caused by circumstances beyond the control of Free Star.
2. Free Star is also not responsible for:
(a). damage caused by the use of the Online Store inconsistent with the provisions of the Regulations;
(b). data loss due to hardware or system failure or other circumstances beyond the control of Free Star;
(c). use of the Online Store by unauthorized third parties, disclosure of the password or login to the User Account.
18. PERSONAL DATA
2. In order to perform the Sales Agreement or Service Agreement described in the Regulations, Free Star processes the following personal data: name, surname, telephone number, e-mail address, delivery address, company name, tax identification number, place of business, bank account number.
19. FINAL PROVISIONS
1. The Regulations shall enter into force on 1.02.2019.
2. The recognition of individual provisions of these Regulations in a manner prescribed by law as invalid or ineffective, shall not affect the validity or effectiveness of the other provisions of the Regulations. The invalid provision shall be replaced by the provision closest to the purpose of the invalid provision and the whole of these Regulations.
3. The Regulations are governed by Polish law. If a User to whom the Services described in these Regulations are provided acts as an entrepreneur, any disputes between the User and Free Star arising from the implementation of Services will be settled by a court having jurisdiction over Free Star.
4. Free Star reserves the right to change these Regulations. Changes to the Regulations are effective from the moment expressly indicated by Free Star, after they are posted on the Online Store’s website for all contracts concluded after that date.
5. Free Star will inform about the change of the Regulations in the Online Store by sending the Registered User information about the change of the Regulations together with the uniform text of the Regulations by e-mail to the User’s e-mail address. The User shall be deemed to have agreed to the new content of the Regulations if he has not terminated the Agreement for the provision of Services within 30 (thirty) days after receiving an e-mail about the information about the change of the Regulations referred to in the previous sentence.
6. All comments and reports concerning violations of these Regulations should be sent by e-mail to the following address email@example.com or by using the contact form available on the website https://freestar-moto.com/en
7. Annex to the Regulations is Attachment No. 1 – withdrawal form, located at the address: https://freestar-moto.com/pl/returns-and-complaints