NOTATKA:

Firma ESKATEPOINT Tomasz Marut działająca przy ul. Gancarza 9, 36-100 Kolbuszowa oferuje na swojej stronie internetowej eskatepoint.com połączenie: sprzedaży detalicznej prowadzonej za pośrednictwem domów sprzedaży wysyłkowej lub Internetu (czyli sprzedaży zwykłej, w której dostawca i strona umowy sprzedaży towaru jest firma ESKATEPOINT Tomasz Marut) oraz usługa dropshipping, gdzie firma ESKATEPOINT Tomasz Marut nie jest ani stroną umowy sprzedaży, ani dostawcą towaru, a jedynie pośrednikiem pomiędzy Klientem a dostawcą.

Poniższe warunki są podzielone na 2 części. Pierwsza część odnosi się do naszej działalności wysyłkowej, a druga do naszej usługi dropshipping.

Na końcu opisu każdego produktu wyświetlanego na eskatepoint.com znajduje się informacja, która część regulaminu ma zastosowanie. Jest to równoznaczne z informacją, czy zamówienie dotyczy sprzedaży, w której stroną umowy sprzedaży jest ESKATEPOINT Tomasz Marut, czy też firma realizowała jedynie dropshipping, czyli pośredniczyła między klientem a zewnętrzną firmą dostarczającą produkt .

Dopisek ten, zgodnie z powyższym regulaminem, oznacza, że Klient wie i jest świadomy z kim zawiera umowę i na jakich warunkach.

REGULAMIN 1 CZĘŚĆ ^ST

Przed zakupem zapoznaj się z poniższymi warunkami.

REGULAMIN SKLEPU INTERNETOWEGO< Właścicielem, Sprzedawcą oraz Administratorem Sklepu jest: Tomasz Marut działający pod firmą: ESKATEPOINT Tomasz Marut z siedzibą w Kolbuszowej, pod adresem: ul. Gancarza 9, 36-100 Kolbuszowa.

NIP: PL 9452274700, REGON: 525615880 wpisany do CEIDG.

Klient ma prawo do negocjacji warunków umowy ze Sprzedawcą przed złożeniem zamówienia.

W przypadku zrezygnowania przez Klienta z możliwości zawarcia umowy w drodze negocjacji, zastosowanie ma niniejszy Regulamin oraz przepisy powszechnie obowiązującego prawa.

I POSTANOWIENIA OGÓLNE

Sklep internetowy dostępny pod adresem: eskatepoint.com prowadzony jest przez Tomasza Maruta, działającego pod nazwą ESKATEPOINT Tomasz Marut – szczegółowe informacje dotyczące prowadzonej działalności znajdują się powyżej.

Regulamin stanowi wzór umowy zastrzeżonej będącej umową zawieraną na odległość, w myśl ogólnych przepisów prawa polskiego.

W celu zawarcia Umowy ze Sprzedawcą Kupujący może skorzystać z możliwości negocjacji warunków Umowy lub zawrzeć ze Sprzedawcą Umowę na podstawie niniejszego Regulaminu.

Treść Regulaminu, w przypadku odrębnej decyzji Kupującego, stanowi treść Umowy zawartej pomiędzy Stronami. Treść Umowy zostanie utrwalona i udostępniona Kupującemu na trwałym nośniku zgodnie z obowiązującymi przepisami w celu ewentualnego powołania się na Umowę przez Kupującego.

Sprzedaż prowadzona jest na terenie Polski i innych krajów Unii Europejskiej.

Klient może zapoznać się z Kodeksem Dobrych Praktyk Handlowców. Kodeks dobrych praktyk określa ustawa o przeciwdziałaniu nieuczciwym praktykom rynkowym z dnia 23 sierpnia 2007 r. Aktualne brzmienie ustawy dostępne jest pod adresem http://isap.sejm.gov.pl/

Wszystkie przedmioty oferowane w Sklepie eskatepoint.com są fabrycznie nowe, wolne od wad fizycznych i prawnych oraz zostały legalnie wprowadzone do obrotu. Informacja ta jest równoznaczna ze zobowiązaniem Kupującego do dostarczenia Klientowi przesyłek bez wad.

Ceny podane na stronie Sklepu eskatepoint.com wyrażone są w różnych walutach i zawierają podatek.

Kupujący może składać zamówienia w Sklepie 24 godziny na dobę i 7 dni w tygodniu za pośrednictwem serwisu eskatepoint.com.

Any communication with the Seller performed by the Buyer will cause costs incurred by the Buyer resulting from the contracts concluded between the Buyer and the third parties. In the event of using given forms of distant communication the Seller shall not charge any additional fees or performance for the communication possibility with him.

The subject of the activity of the eskatepoint.com Online Store is retail and wholesale sales of small electric vehicles and widely related products.

For matters not covered by these Terms & Conditions the relevant law regulations binding in the Republic of Poland shall apply, and in particular provisions of the Act of April 23, 1964 – the Civil Code (Dz. U. [Polish Journey of Laws] No. 16, item 93, as amended), the Act on consumer rights of May 30, 2014 (Dz. U. 2014, item 827) and the Act on personal data protection of September 29, 1997 (consolidated text: Dz. U. of 2002 No. 101 item 926, as amended).

The provisions of these Terms & Conditions shall not exclude or limit any rights of the Buyer who is at one time the Consumer within the meaning of Act of April 23, 1964 – the Civil Code (Dz. U. No. 16, item 93, as amended), to which the Buyer is entitled under the mandatory provisions of law. The aforementioned regulations shall take precedence over these Terms & Conditions in any event of non-compliance.

Should any dispute between the Seller and the Consumer arise, the latter shall be able to resolve the matter amicably through:

applying to the permanent consumer arbitration court

mediation

applying to the provincial trade inspector

obtaining cost-free aid on settlement of the dispute from the Consumer Federation, using the advice consumer helpline 800 007 707

“Pursuant to the Regulation of the European Parliament and Council (EU) No. 524/2013 of May 21, 2013 on the Online Dispute Resolution for consumer disputes and amendment to the Regulation (EC) No. 2006/2004 and the Directive 2009/22/(CE), the Store has been obliged to make information on the platform of Online Dispute Resolution available for resolution of the disputes between consumers and entrepreneurs at EU level (hereinafter: ODR Platform). On the basis of the foregoing we provide an electronic link to the ODR Platform. ec.europa.eu/odr, where information on the methods of out-of-court dispute resolution can be found, and in particular the Consumer has the possibility to submit a complaint in the event of a will of using these methods. However, this method is voluntary, which means that in case of submitting the complaint by the Consumer via the ODR Platform, the Service shall not be obliged to use the alternative methods of settling it. The refusal of the Service is possible despite the Consumer’s submitted complaint on the issue resolving through the above mentioned manner.”

II DEFINITIONS

TERMS & CONDITIONS – these Terms & Conditions together with the attachments, informing about obligations and powers of both Parties of the Contract

PARTY – the Party to the Contract is the Buyer or the Seller; the Buyer and the Seller are jointly referred to as Parties

DISTANT CONTRACT – a Contract concluded between the Parties at a distance when both Parties to the Contract are not present together; the Contract is entered into by means of distant Communication Channels, available at the Store;

COMMUNICATION CHANNELS – stipulated in 10 I of the GENERAL PROVISIONS forms of placing orders at a distance;

STORE – the online Store available at: www.eskatepoint.com

SELLER and the SERVICE PROVIDER – ESKATEPOINT Tomasz Marut name with a registered office in Kolbuszowa, at the address: ul. Gancarza 9, 36 – 100 Kolbuszowa, NIP [Tax Identification Number]: PL 9452274700 REGON number: 525615880 entered into the CEIDG (Business Activity Register).

CLIENT – a natural or legal person or an organizational unit without legal personality that purchases items through the online Store available at www.eskatepoint.com and by means of telephone or email and has the capacity to acquire rights according to the Act;

COSNUMER – a natural person that purchases the items through the eskatepoint.com online Store, by means of telephone or email for any purposes not directly related with his/her business or professional activity

BUYER – the Client and the Consumer jointly;

SERVICE RECIPIENT – a natural or legal person or an organizational unit without legal personality that purchases items through the online Store available at www.eskatepoint.com and uses the Newsletter subscription; has the capacity to acquire rights according to the Act;

ORDER – an offer of sales contract conclusion placed by the Buyer through the eskatepoint.com online Store;

USER – each entity that uses the online Store;

ACCOUNT – an individual administration panel of an User, available after the registration and logging into the eskatepoint.com online Store, specified by a login and a password, used in order to conclude the sales contracts;

REGISTRATION – a process consisting in the creation of an Account by an User at the eskatepoint.com online Store;

SALES CONTRACT – a contract of sale of the goods entered into between the Seller and the Buyer through the online Store;

ITEM – each item sold through the eskatepoint.com online Store;

NEWSLETTER – electronically supplied service consisting in forwarding the commercial information to the Service Recipients relating to the Store’s own items;

PAYMENT METHOD – a method of payment for ordered items, selected from the Store’s offered methods by the Buyer while placing an Order or as a result of individual arrangement with the Store by means of other payment method than those presented on the website;

DELIVERY METHOD – a method of the ordered item delivery, selected from the Store’s offered methods by the Buyer or as a result of individual arrangement with the Store by means of other delivery method than those presented at the website;

SALES DOCUMENT – VAT invoice or Receipt, depending on Buyer’s indication;

ATTACHMENTS – information on the right of backing out of a contract and the model withdrawal;

CODE OF GOOD PRACTICE – a set of principles of conduct applied by the Seller, adopted to the generally applicable law as ethical and professional standards aiming at the prevention of unfair market practices;

INFORMATION – item information located by the item description, constituting a description of the most important terms and characteristics of the given item, allowing the Buyer to become acquainted with its features;

SHOPPING CART – a method of storage of the Customer’s selected items for the later purchase;

ITEM RELEASE PLACE – a place pointed by the Buyer in the placed order, to which the item purchased by the Buyer is to be delivered;

TEM RELEASE TIME – a time in which the Buyer or other authorized person for the item reception takes possession of the contractual item;

COMPLAINT AND BACKING OUT OF THE CONTRACT SUBMISSION ADDRESS – the address or addresses indicated by the Seller as addresses for submission of certain declarations, acting as the mailing address;

ITEM OF THE CONTRACT OR SUBJECT OF THE PROVISION – the Buyer’s selected items or services that are the subject of the Contract or subject of the Provision; the provision of shipment by the Seller in case the Buyer chooses one of the Seller’s offered delivery method is also included in the subject of the Contract;

ELECTRONICALLY SUPPLIED SERVICES – functionalities of the ICT and information system enabling the Service Provider to offer certain technical solutions, such as: possibility to register and run an Account at the online Store, provision of the Newsletter service and enabling one time Order placement through the Order Form available at the online Store; without the simultaneous physical presence of the parties (at a distance), through the data transmission on an individual request of the Service Recipient, sent and received with the use of equipment for electronic processing, including digital compression, and data that is fully broadcast, received or transmitted storing with the aid of an ICT network within the meaning of the Act of July 16, 2004 – telecommunications law

ORDER FORM – a technical system enabling the Buyer to place an Order by the Buyer through the available form fields without a need of prior Registration at the online Store

INFORMATION SYSTEM – technical and informatics structures and transmission enabling software;

DEFECT – a legal or physical defect of the purchased item;

III REGISTRATION

1. The Registration at the eskatepoint.com online Store is voluntary and cost-free.
2. The User should fill in the registration form located on the Store website, giving his/her factual data in it in order to register at the Store.
3. The User shall be obliged to provide the following data in order to complete the registration process:
4. User Name
5. Email Address
6. Password
7. Confirm Password

4. Consent to receive Newsletter about the promotions and new releases at the store to the email address provided during registration can be optionally expressed at time of registration.
5. The User Account will be created the time the registration form fields are filled with the required data.
6. In the event of a change of the User’s data required for registration after the registration, the User is asked to update the data so it reflects the reality.
7. In the event of a change of the User’s data required for registration after the implementation of a contract, the User is asked to update it and inform the Store about such event.
8. In order to make a successful purchase in the store, the User shall be obliged to provide the following data:
9. Name
10. Surname
11. Email Address
12. Phone

Shipment details: natural person/company

1. Name /Company Name
2. Surname/NIP Number
3. Country
4. Voivodship
5. Street Name
6. House/Flat Number
7. City
8. Postal Code

9. Optionally, there is a possibility to provide payer data, according to the above-mentioned indications in subparagraph 3.
10. The shipment method shall be determined after the User fills the order form fields.
11. The Client may optionally enter his notes to the order he/she places.

IV ORDERS

1. The Client may place orders at the Store 24 hours per day and 7 days per week through website www.eskatepoint.com
2. The information about items presented on the Store websites shall not constitute an offer under provisions of the Civil Code; they shall mean an invitation to enter into the Contract.
3. Placing of an Order shall constitute an offer placed by the Client to the Seller under the Civil Code.
4. The Registration and setting-up of an Account shall not constitute a requirement for placing an order in the eskatepoint.com Store. The Buyer shall have the possibility to place an order through the online Store without prior registration using the order form.
5. The Buyer should add the item he/she wants to purchase to the “Cart” to place an order. Adding the item to the “Cart” shall not be equivalent of placing an order. The items can be freely added and removed from the “Cart”.
6. The “Cart” shall enable the Buyer to manage the ordered items and calculate the value of the order.
7. Chosen items should be added to the “Cart” to finalize the order. The next step shall be the selection of the options determining respectively: payment and delivery method. The buyer can place an order after logging into his/her Account or should they be unregistered, by providing the necessary data for the Seller to complete the contract into the form.
8. They Buyer while placing an order can optionally enter the notes to the order by allocating them in the given space. Other ship-to address than the billing data can be selected at this space.
9. Determination of the bill of sale form shall be the final stage (receipt or VAT invoice). After the necessary fields of the form are filled, the “acceptance” button shall be selected.
10. The Buyer shall be shown the purchaser and address data, as well as the order value and its realization method after placing the proper order. In the event of the acceptance of all the chosen elements, “Order and Pay” button should be selected in order to place an Order successfully. It shall be deemed that the time of contract conclusion is the time of confirmation by the online Store sent by e-mail.
11. The Buyer can make changes in the order or withdraw the order entirely by means of e-mail or telephone.
12. Ordered goods shall be shipped to the address indicated by the Buyer.

It shall be deemed that the time of contract full performance is the day of reception of the shipment by the Buyer.

V PAYMENT METHOD

1. All prices in the Store include tax.
2. The Store envisages the following payment methods:
3. prepayment – payment by bank transfer – payment of the full order value calculated in the calculation on company’s bank account prior to the ordered goods shipment,
4. online transfer – payment of the full order value calculated in the calculation on company’s bank account prior to the ordered goods shipment,
5. card payment – payment of the full value of the order calculated in the calculation to the company’s bank account before shipment of the ordered goods,
6. The Buyer shall do the shopping and order a service according to the prices and shipment costs valid at the time of the order placement.
7. The Seller shall reserve the right to change prices and shipment costs, in particular in the event of the amendments to the price lists of the entities making the deliveries. This provision shall not apply to the orders already under way.
8. Actual prices and shipment costs shall be present on the subpage of the online Store and visible at the Basket level.

VI IMPLEMENTATION OF A DELIVERY

1. The delivery shall be made to the address set out by the Buyer in the order.
2. Deliveries are made through various courier companies we cooperate with. The buyer chooses the form of shipping that interests him when placing the order. The goods are shipped immediately after the order is received and confirmed by the eskatepoint.com online store. The delivery time depends on the availability of the goods and the country to which the goods are shipped.
3. The Buyer is informed how long the delivery of his shipment will take at the level of placing the order. If it is to be extended, the buyer receives an e-mail with information.
4. The orders shall be realized within the working days from 9.00 – 21:00.
5. In the event of the above described situation in subparagraph 5, the information on the responsibility for the shipment shall be transferred to the Buyer by the Seller via email to the provided contact address after the order placement.
6. In case the Seller is not capable of making a performance due to the goods unavailability, immediately, and in 30 days from the Contract conclusion at the latest, he/she shall inform the Buyer who then will decide on the further proceedings about the placed order.

VII COMPLAINT – WARRANTY

1. In case of the contracts concluded with the Consumers under the art. 22¹ of the Civil Code, the Seller shall be liable towards the Consumer on principles set out in art. 556 and further of the Civil Code for the physical or legal defects (warranty).
2. The Seller shall remain liable under warranty in case the physical defect is discovered before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale performance was a used item – before one year has elapsed from the moment of the item release to the Consumer.
3. Consumer’s claim for the defect removal or the replacement of an item into the free of defects one, shall terminate once one year has elapsed, starting from the day of the defect discovery, however not before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale was a used item – before one year has elapsed from the moment of the item release to the Consumer.
4. In case the date of shelf-life set out by the Seller or producer elapses after two years have elapsed from the moment of the item release to the Consumer, the Seller shall remain liable under warranty for physical defects of the said item discovered before this term termination.
5. Physical defect shall mean discrepancy between the item sold and the Contract. In particular, sold item is discrepant with the Contract in case:

a) some features of the given item are missing, regarding the features pointed out in the aim of the Contract that is stipulated or arises from the conditions or destination;

b) some features of the given item are missing, regarding the features of which the Seller assured the Buyer, including giving a sample or a model;

c) the item is not suitable for the purpose of which the Seller was informed by the Buyer at time of the Contract conclusion, and the Seller has not raised any objections regarding such purpose;

d) the item was released in the incomplete state to the Buyer

6. The public assurance of a producer or its representative or that of a person who places the item on the market within his/her business activity, and of a person who by putting his/her business name, trademark or other distinguishing feature on the item presents himself as its producer shall be equally treated with the Seller’s assurance.

7. The Seller shall be discharged from his liability stipulated in 7c only when:

a) he will prove that he has not been or could not reasonably have been au fait with these assurances;

b) he will show that the assurance could not have an effect on the Consumer’s decision;

c) the assurance content was corrected prior to the conclusion of the Contract with the Seller

8. The sold item shall have defect also in case of its inappropriate installation and commissioning if those activities were performed by the Seller or a third party for which the Seller is liable or by the Buyer who complied with the manual given by the Seller.

9. In the event of a Contract with the Consumer, when the physical defect was discovered before one year from the moment of the item release, it shall be deemed that it existed by the time of the risk transfer to the Consumer. The Consumer shall be liable for indication that the defect existed at the time of the purchase in case the defect was discovered after the year from the moment of the item release.

10. If the sold item has a defect, the Consumer can:

a) make a statement on price reductions request;

b) make a statement on backing out of the Contract;

c) request the item replacement for the one that is free from defects;

d) request defect removal

11. The Consumer shall not be liable to back out of a Contract in case the defect is insignificant.

12. The Consumer that exercises his/her powers under statutory warranty shall be obliged to provide the defective item to the Complaint Address at the Seller’s expense, and in case that due to the item kind or the method of its installation the delivery by the Consumer would be excessively difficult, Consumer shall be obliged to make the item available for the Seller at the place where the said item is located. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to return the item at the expense and risk of the Seller.

13. The Seller kindly asks to attach the description of the discrepancy between the item and the Contract aiming at the complaint process facilitation.

14. The Seller in 14 (fourteen) days shall take a position to the Client’s notification.

Otherwise, it shall be considered that the Seller acknowledged the Client’s statement or request reasoned.

15. The Seller in the event of the Consumer’s request defined in subparagraph 10 a or b can replace the defective item into the free of defects one or remove a defect, provided it is done immediately and without significant inconvenience for the Consumer.
16. However, when the item has been already replaced or fixed by the Seller or the Seller has not complied with his obligation to replace an item into the free of defects or remove the defect, he shall not have the right to replace or fix the item.
17. The Consumer can, instead of the Seller’s proposed defect removal, request the replacement of the item into the free of defects one or instead of replacement, request the defect removal, unless bringing the item into line with the Contract in the way selected by the Consumer is impossible or this would require excessive costs compared to the way proposed by the Seller, whereas by the evaluation of the excessive costs the value of the free of defects item, its kind and meaning of the discovered defect, as well as inconvenience on which the Client could be exposed to by other way of adjustment of claims shall be included.
18. The Seller can refuse the Consumer’s request reimbursement when bringing the defective item into line with the Contract in the way chosen by the Consumer is impossible or compared to the other possible way requires excessive costs.
19. In the event of the price reduction, the reduced price should remain in such proportion to the price, resulting from the Contract, in which the defective item value remains to the defect free item.
20. The Seller shall be obliged to replace the defective item into the free of defects one or remove the defect at any reasonable time without excessive inconvenience to the Consumer.
21. In the situation when the defective item was installed, the Consumer may request dismantlement from the Seller and re-installation after the replacement into the free of defects item or defect removal. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to do these actions at the expense and risk of the Seller.
22. The Seller can refuse the dismantlement or re-installation provided that the cost of such actions overpasses the value of the item sold.
23. The Consumer, in the case referred to in above, may request dismantlement and re-installation from the Seller, however he/she shall be obliged to bear part of the costs related to it at the value overpassing the sold item price or may request payment of the part of the costs of the dismantlement or re-installation from the Seller up to the sold item price.
24. In case of the contracts concluded between the Client, not being the consumer under the art. 22¹ of the Civil Code, pursuant to art. 558 section 1 of the Civil Code, the Seller’s liability under warranty shall be excluded.
25. In compliance with the terms set out in subparagraph 2,3 and 4 of this section of the Terms & Conditions the Consumer may make a statement concerning his/her backing out of the contract or price reduction due to the physical defect of the sold item, and when the Consumer requested the replacement of the item into the free of defects one or the defect removal, the time limits to the submission of the statement on backing out of the contract or price reduction run with the moment of the ineffective expiry of a term to the item replacement or defect removal.
26. In the event of judicial proceedings before the arbitration court of one of the warranty rights, due date of other rights, provided for by law, to which the Consumer is entitled pursuant to this shall be suspended until final termination of proceedings thereupon. These regulations are respectively applied for the mediation proceedings, whereas due date of other warranty rights, to which the Consumer is entitled, begins from the day of settlement agreed before a mediator acceptance refusal by court or ineffective mediation termination.
27. Time limits to the execution of warranty rights for the legal defects of item sold run from the day on which the Consumer discovered the defect and in case the Consumer discovered the defect only as a result of a third party complaint – from the day on which the predicate or other decision of the authority issued within a dispute with the third party became legally binding.
28. When due to of the sold item defect the Consumer submitted a statement on backing out of the contract or price reduction, he/she can request redressing of a damage incurred as a result of the Contract conclusion without being aware of the defect, even if the damage results from the circumstances of which the Seller is not liable for, and in particular he/she can request reimbursement of the costs of conclusion of Contract, collection, proceedings, items insurance storage, return of expenditures made to the extent to which he/she benefited and not received the aforementioned from a third party.
29. The foregoing shall not prejudice the generally applicable laws on duty to redress the damage under relevant laws and regulations.
30. Should the Seller conceal a defect, end of the term shall not exclude warranty rights.
31. The complaint address shall be: ESKATEPOINT Tomasz Marut
32. Gancarza 9, 36 – 100 Kolbuszowa, Poland
33. The Store shall not accept cash on delivery shipments. All the costs of justified complaint shall be returned to the client to the bank account specified by the client.

VIII GUARANTEE

1. Goods sold through the online Store eskatepoint.com shall be covered by the Seller’s and Producer’s guarantee. Both the Producer and the Seller shall provide a one year guarantee for the purchased item. The Seller shall be liable for the item inconformity with the contract under warranty stipulated in section VII Complaint – Warranty.
2. Detailed conditions of the guarantee shall be determined in a guarantee card issued by the guarantor.

IX REPLACEMENT

1. The Buyer shall be entitled to replace the given item for a different size or model within 30 days upon item reception.
2. Forwarding costs both directions shall be borne by the Buyer.
3. Returned item cannot show traces of use, it should have factory packaging and labels, in other case the item will be sent back on Buyer’s expense.
4. Replacement shall be done immediately upon the shipment reception by the Store not later than within 14 days from the reception.
5. We kindly ask you to arrange the replacements with the online Store eskatepoint.com service.

X BACKING OUT OF THE CONTRACT– ITEM RETURNS

1. Under the art. 27 of the Act on consumer rights the Consumer who concluded a distant contract shall be entitled to back out of it without providing reasons and bearing costs, excluding the costs set out in art. 33, 34 and 35 of the Act on consumer rights by submission of relevant statement in writing within fourteen days upon the item of the contract reception date. In order to meet this due date, sending of a statement before its expiry shall be sufficient. Statement can be sent by electronic means to the address: eskatepoint@gmail.com or by letter to the address:

eskatepoint@gmail.com

ESKATEPOINT Tomasz Marut

Gancarza 9

36-100 Kolbuszowa

Poland

2. Statement can be submitted on the form constituting Attachment to these Terms & Conditions and which was forwarded to the Consumer together with the item, also available at www.eskatepoint.com or in a different form, in accordance with the act on consumer rights.
3. Alongside the statement referred to in subparagraph 1. Client shall be also asked to provide information on the current bank account for reimbursement.
4. The Seller shall confirm reception of the statement on backing out of the contract

to the Consumer immediately upon reception. Such confirmation shall be forwarded to the e-mail address, given alongside the Order or indicated as contact on the submitted statement on backing out of the contract.

5. The Contract shall be considered not concluded in case of backing out of the contract.
6. The Consumer shall be obliged to return the item or items immediately, not later than within 14 days of his/her backing out of the contract
7. The Consumer shall return the item or items of the Contract of which he/she has backed out on their own risk and expense.
8. The Consumer shall be liable for the contractual item or items value reduction, resulting from the use of the item or items in the way extending beyond the ordinary item management in order to determine features, functionalities and the nature of the item.
9. The Seller shall immediately, not later than within 14 days from the statement on Consumer’s backing out of the contract reception reimburse all payments that the Consumer executed, including the cost of delivery of the item, provided that:

a) the Seller shall reimburse the payments by using the same payment method as used by the Consumer, unless the Consumer expressly agreed a different way of reimbursement that is not connected with extra expenses for him/her;

b) should the Consumer choose different item delivery method than the cheapest usual method offered by the Seller, the Seller shall not be obliged to reimburse to the Consumer the incurred extra expenses;

c) the Consumer shall be liable for the item value reduction, resulting from the use in the way beyond the necessary to determine its nature, features, functionalities as described in subparagraph 8 above;

10. In the event of backing out of the distant contract for the services commenced under the Consumer’s consent prior to the deadline of backing out of the Contract, the Consumer shall be obliged to pay the performance executed by the time of backing out of the Contract.

11. The payment amount shall be calculated proportionally to the extent of executed performance, including the price or remuneration included in the Contract. In case the price or remuneration is excessive, the basis for calculation of this amount shall be the market value of the performance executed.

12. The Consumer shall not bear expenses of the supply of digital content which is not saved on a tangible medium provided that he/she has not approved the performance execution prior to the deadline for backing out of the Contract expiry or has not been informed about the loss of the deadline of his/her right to back out of the Contract by the time of such approval or the entrepreneur has not provided confirmation under art. 15 para. 1 and art. 21 para 1 of the Act on consumer rights.

13. The Seller can withhold the reimbursement of the payment received from the Consumer until the item is returned or the evidence of shipping it back is provided, whichever is sooner.

14. The Consumer shall not be entitled to back out of the contract in cases indicated in art. 38 of the Act on consumer rights.

XI PROVISION OF ELECTRONICALLY SUPPLIED SERVICES

1. The Service Provider through the online Store available at eskatepoint.com shall provide the following Electronic Services:
2. establishment and operation of an Account at the online Store
3. allowing to place an order through the relevant Form
4. Newsletter
5. Provision of electronic Services by the Service Provider shall be cost-free.
6. Electronic Service contract for Account operation at the online Store and provision of the Newsletter Service shall be concluded for an indefinite duration.
7. Electronic service contract for allowing to place an order through the relevant Form shall be concluded for a definite period of time and shall be terminated as soon as the order is placed or order placement is ceased by the Service Recipient.
8. Recommended technical requirements of the cooperation with the ICT system are: computer with Internet access, email access, Internet browser: Internet Explorer version 7.0 or later, each shall support JavaScript and cookies, Mozilla Firefox version 4.0 or later, each shall support JavaScript and cookies or Google Chrome version 8 or later. Recommended screen with resolution of 1024×768 pixels.
9. The Service Recipient shall be obliged to use the online Store lawfully and in accordance with good practice having regard to respect of personal goods and intellectual property rights of third parties. The Service Recipient shall be bound not to supply content of an unlawful nature. The use of electronic Services in the way that unlawfully disturbs the functioning of the online Store through the use of specified software or devices or distribution or location of unsolicited commercial communication at the online Store shall not be allowed.
10. The Service Provider can submit complaints regarding the provision of electronic service through the online Store eskatepoint.com by mailing the Store to the following e-mail address: eskatepoint@gmail.com or in writing to the address: ESKATEPOINT Tomasz Marut, ul. Gancarza 9, 36-100 Kolbuszowa, Poland

The Service Provider shall review the complaint, not later than within 14 days from the date of the complaint submission. eskatepoint.com

eskatepoint@gmail.com

8. The Service Recipient can terminate the service not limited by time on provision of electronic Service of a continuous nature at any time and without indicating the reasons by sending appropriate statement by e-mail to the address: eskatepoint@gmail.com or in writing to the address: ESKATEPOINT Tomasz Marut, ul. Gancarza 9, 36-100 Kolbuszowa, Poland
9. The Service Provider can terminate the contract on provision of electronic Service not limited by time in case the Service Recipient infringes the Terms & Conditions objectively and persistently, and in particular supplies content of an unlawful nature, after ineffective, one-time call to stop with the relevant date determination. In this case, the contract shall come to an end after 7 days upon the submission of a statement of will of termination.
10. The Service Provider and Service Recipient may terminate the Contract on provision of electronic Service at any time by common agreement between the parties.
11. Termination of the Contract on provision of electronic service concluded for an indefinite period by the Service Provider and Service Recipient shall not prejudice rights or performances obtained by the Parties during the course of the contract.
12. The Service Provider shall respond in case of a Complaint to the e-mail address given by the Service Recipient, or other agreed-upon manner.

XII FINAL PROVISIONS

1. Amendments to this Terms & Conditions can be made upon prior notification of the Users about the scope of the envisaged amendments not later than within 14 days before the date of their entry into force.
2. Orders placed during the term of the previous Terms & Conditions version shall be realized according to its provisions. The User can remove his/her Account in case of his disagreement with the amendments to the Terms & Conditions to be implemented.
3. Any disputes between the Seller and the Client who is a Consumer under the art. 22¹ of the Civil Code shall be settled before the common court competent in compliance with provisions of the Code of Civil Procedure.
4. Any disputes between the Seller and the Client who is not a Consumer under the art. 22¹ of the Civil Code shall be settled before the common court competent over the seat of the Store.
5. Users can contact the Seller in the following ways:
6. by telephone: +48 537 286 850
7. by e-mail: eskatepoint@gmail.com
8. using contact form
9. in writing at the address: ESKATEPOINT Tomasz Marut, ul. Gancarza 9, 36-100 Kolbuszowa, Poland
10. Clients can gain access to this Terms & Conditions at any time through the link placed on the main page of the eskatepoint.com online Store.
11. The Terms & Conditions can be consolidated, obtained and reproduced by printing or saving on appropriate data carrier.
12. Name of the eskatepoint.com online Store, address where it may be found: www.eskatepoint.com and all other materials included there are object of copyrights and are subject to legal protection. The use and distribution of them without the Store owner’s consent is forbidden.
13. This Terms & Conditions shall apply from 22.07.2022

TERMS & CONDITIONS 2^ST PART

SALES REGULATIONS – DROPSHIPPING

§1 Definitions

The terms used in the Terms and Conditions shall mean:

1. Price – the amount due from the Customer to the Supplier in respect of a concluded Sales Contract transferred with the intermediation of the Intermediary.
2. Personal data – any information concerning an identified or identifiable natural person within the meaning of Article 6 of the Personal Data Protection Act.

3. Supplier – an entity which is a party to the Contract of Sale of the Goods presented in the online offer concluded with the Customer, obliged to deliver the Goods to the Customer together with the invoice.

4. Dropshipping – a logistic model of sales through the Internet Offer consisting in transferring the process of dispatching the Goods to the Supplier. The Intermediary’s role in this logistical model is limited to collecting Orders and sending them to the Supplier, who carries out the shipment of the Goods to the Customer. In addition, the Intermediary collects the receivables and transfers them in the Customer’s name to the Supplier’s bank account, with a retention of the Commission due. The Intermediary is not a party of the Sales Contract concluded by the Customer.

5. Customer – a natural person with full legal capacity, acting as a consumer within the meaning of Article 221 of the Civil Code, who, within the scope of the Internet Offer, obliges the Intermediary to send an Order in order to conclude a Sales Contract with the Supplier.
6. the Civil Code – the Act of 23 April 1964 of the Civil Code (i.e. Journal of Laws of 2016, item 380, as amended).
7. online offer – any offer relating to the Goods in question, managed by the Intermediary through the eskatepoint.com shop and aimed at associating the Customer with the Supplier on a Dropshipping basis.
8. third country – a country outside the territory of the European Union (“third country territory” within the meaning of Article 2(5) of the VAT Act). 
9. EU country – a country from the “territory of the European Union” within the meaning of Article 2(3) of the VAT Act.

10. Intermediary – entrepreneur who manages the eskatepoint.com online shop and auctions on the eskatepoint.com website, mediating in the Sales Contract on the principles of Dropshipping. Dropshipping principles.

11.Commission – remuneration due to the Intermediary from the Supplier for collecting Orders from Customers and forwarding them to the Supplier. The commission is due only if the Sales Agreement between the Customer and the Supplier is concluded. Sales Agreement between the Customer and the Supplier.

12.Regulations – these Regulations for the provision of electronic services.

13.Regulation No. 1186/2009 – Council Regulation (EC) No. 1186/2009 of 16 November 2009 establishing a Community system of customs exemptions (Official Journal of the EU.L of 2009. No. 324 p. 23).

14.Goods – movables owned by the Supplier presented in the Online Offer.

15.Dropshipping Agreement – agreement for the provision of Dropshipping services concluded between the Broker and the Customer.

16.Sales contract – contract of sale of Goods in the meaning of Article 535 of the Civil Code, concluded between the Supplier as a seller and the Customer as a buyer.

17.Act on personal data protection – the Act of 29 August 1997 on personal data protection Personal Data Protection Act (i.e. Journal of Laws 2016, item 922, as amended).

18.Consumer Rights Act – the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws 2014, item 827, as amended).

19.Act on provision of services by electronic means – Act of 18 July 2002 on provision of services by electronic means (i.e. Journal of Laws of 2016, item 1030 as amended).

20.VAT Act – the Act of 11 March 2004 on tax on goods and services (i.e. Journal of Laws of 2016, item 710 as amended).

21.Order – the Customer’s declaration of intent communicated by the Intermediary to the Supplier, containing, in particular, information regarding the quantity of Goods and the place of delivery and other data enabling the conclusion of a Sales Contract between the Customer and the Supplier.

§2 General provisions

1.Before participating in the Online Offer, the Customer should read the provisions of the provisions of these Terms and Conditions. Taking part in the Internet Offer means:

1. acceptance of the provisions of the Regulations;
2. consent of the Customer to the processing of personal data to the extent necessary to service and execution of the Order and the exercise of rights and obligations in connection with the concluded or future Sales Agreement, in accordance with the Terms and Conditions of the Order. future Sales Agreement, in accordance with the Personal Data Protection Act;
3. the Customer’s consent to the execution of the Dropshipping Agreement by the Intermediary.

At the same time, the Intermediary informs that upon fulfilment of the Dropshipping Agreement, the Customer loses the right to withdraw from the Dropshipping Agreement pursuant to Article 38 point 1 of the Act on Consumer Rights.

(2) The offer is addressed to natural persons making a legal transaction which is not directly related to their economic or professional activity, i.e. acting as a consumer within the meaning of Article 221 of the Civil Code. 3.

(3) The Broker is not a party to the Sales Agreement concluded by the Customer. The Intermediary offers an intermediary service for the purchase of Goods based on the Dropshipping model and provides assistance in its implementation, in particular by transferring the Order to the Supplier and transferring the Price on behalf of the Customer.

(4) The Supplier is solely responsible for the correct delivery of the Goods.

(5) All information contained in the Internet Offer, relating to the Goods (including prices), does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract with the Supplier within the meaning of Article 71 of the Civil Code.

(6) The conclusion of the Sales Agreement and effective completion of the Order is possible only when, when the Goods selected by the Customer are available in the Supplier’s warehouse. In the event of inconsistency between the information provided in the content of the Internet offer and the actual stock Supplier’s warehouse, the Customer is informed of this fact and has the possibility of amending the Order in whole or in part. Order in whole or in part.

(7) In the event that it is impossible to conclude a Sales Contract in the absence of the Goods covered by the Order, the Supplier reserves the right to withdraw from the Sales Contract in whole or in part, and the Order shall be cancelled in whole or in part, of which the Customer shall be notified by e-mail to the e-mail address provided by the Customer. The payment made by the Customer for the ordered Goods which could not be delivered shall be refunded by the Supplier immediately after the Customer has been effectively informed of the impossibility of fulfilling the Order.

(8) The images contained in the respective Internet Offer are for information purposes only. Slight differences between the actual colour and the colour shown in the photograph may slight differences in colour between the actual colour and the colour shown on the photograph may also result the Customer’s monitor settings.

(9) The Customer shall not be entitled to any claims against the Intermediary in connection with a concluded or future sales contract. The Supplier is a party to the Sales Contract. However, the Intermediary shall provide Customer, as far as possible, the necessary assistance both with regard to complaints about the Goods

submitted to the Supplier, as well as the Customer’s submission of a declaration of withdrawal from the Sales Agreement Sales Agreement. Such assistance consists in particular in the possibility of the Customer submitting directly to the Broker’s e-mail address with a complaint (§ 7 of the Terms and Conditions) and a declaration of withdrawal from the Sales Agreement

Sales Agreement (§ 6 of the Terms and Conditions), which will then be forwarded to the Supplier.

10.The Intermediary shall be liable to the Customer for non-performance or undue performance of its obligations in respect of transferring the Order to the Supplier and in respect of transferring to the Supplier the amounts paid by the Customer under the concluded Sales Contract, in particular the Price.

11.The Supplier shall be the sole owner of the proprietary and moral copyrights in the descriptions and images which make up the presentation of the Merchandise. are vested exclusively in the Supplier. The Supplier has granted the Intermediary a non-exclusive licence to use of photos and descriptions of the Goods, at the same time releasing him from any liability

against third parties for copyright infringement in respect of the photographs and descriptions of the Goods in question. All claims in this respect shall be directed to the Supplier.

§3 Placing orders

The performance of the Intermediary’s service of transmitting the content of the Order to the Supplier is initiated by the Customer by placing an Order in the shop.

(2) Orders may be placed 24 hours a day, 7 days a week.

(3) Placing an Order requires the provision of data enabling the Supplier to deliver the goods and other information required for the fulfilment of the Order. Such data include in particular: first and last name of a natural person, name of a legal person or name of an organisational unit, postal code, town, street, building number, flat or premise number, province, mobile phone number, e-mail address, possibly other data necessary to correct delivery.

§4 Payment – Prices

(1) The Intermediary mediates the transfer of the Price and possibly other amounts due under the Sales Contract to the Supplier from the Customer.

(2) All prices of the Goods displayed in the respective Internet Offers are total prices, in particular including information on delivery costs. Shipping costs given in the offer depend on the type of shipment chosen by the Customer.

(3) The price quoted for each Item is binding on the Supplier from the moment the Customer clicks the “Buy Now” button.

(4) The following payment methods are permitted:

1. bank transfer;
2. payment/credit card.
3. If the amount due for the Price is not credited to the Intermediary’s account within 10 (in words: ten) days of placing the Order, the Intermediary is released from the obligation to transmit the content of the Order to the Supplier (cancellation of the Order).

§5 Execution of Orders

(1) Provided that the Customer has paid the Price in full, the Intermediary shall transmit the Order to the Supplier for fulfilment, in particular to send the Goods to the place indicated by the Customer. The Intermediary shall also transfer the Price for the Goods due to the Supplier on behalf of the Customer.

(2) The Intermediary undertakes to transmit the Order together with the Price to the Supplier within 3 (in words: three) working days from the date of payment of the Price by the Customer, and the Supplier undertakes to dispatch the Goods within a period not exceeding the number of days stated on the advertisement.

(3) After the expiry of 60 (in words: sixty) working days from the date of receipt of the Price by the Supplier the package with the Goods is deemed to have been lost. In this case, the Supplier shall either return the Price to the Customer or re-sends a new Goods.

(4) The Customer, on receiving the Goods, should check the condition of the parcel. In the event of finding damage or violation of packaging, a damage report should be drawn up in the presence of the Deliverer, which together with a possible claim damage, which, together with a possible complaint, should be immediately sent to the Intermediary. Intermediary.

§6 Entitlement to withdraw from the contract

(1) The Intermediary shall inform, on behalf of the Supplier, that each Customer who is a consumer within the meaning of Article 221 of the Civil Code shall have the right to withdraw from the concluded Sales Agreement, within 14 (in words: fourteen) days, without giving any reason and without incurring any costs, except for the costs referred to in Article 33, Article 34(2) and Article 35 of the Consumer Rights Act (costs of returning the goods).

(2) The Customer may withdraw from the Sales Agreement (concluded at a distance or off-premises) by submitting to the Supplier – through the Intermediary – a statement of withdrawal from the Sales Agreement.    The declaration of withdrawal should be sent by e-mail, distinguishing in the title of the e-mail the number of the Order to the e-mail address provided in the Contact tab.

(3) After the Customer has submitted a declaration of withdrawal from the Contract of Sale, the Intermediary shall immediately inform the Customer of the deadline, method and address to which the Customer is to send back the Goods. This deadline shall not be shorter than 14 (in words: fourteen) days.

(4) The Supplier shall be obliged to return to the Customer the payments made by the Customer for the Goods no later than 14 (in words: fourteen) days from the date of receipt of the Goods sent back by the Customer. The Supplier shall refund the payment using the same method of payment used by the

Customer, unless the Customer has expressly agreed to a different method of reimbursement that does not incur any any costs.

(5) The rights referred to in § 6 (1) to (4) of the Terms and Conditions shall apply to Sales Agreements concluded by the Customer with the Supplier established in an EU State. To Sales Agreements concluded by by the Customer with the Supplier having its registered office in a third country shall be governed by the provisions of law

applicable to the seat of the Supplier, which may differ from the laws applicable in the EU States.

(6) Due to the fact that the Intermediary has obtained the Customer’s express consent to conclude the Dropshipping Agreement (so § 2(1)(c) of the Terms and Conditions) and before the Intermediary’s performance the Customer has been informed that after the performance the Customer shall lose the right to withdraw from the Dropshipping Agreement, the Customer, pursuant to Article 38(1) of the Consumer Rights Act, shall not right to withdraw from the Dropshipping Agreement.

§7 Complaints concerning Goods

(1) The Supplier shall be liable under the warranty if a physical defect in the Goods is discovered before the the expiry of two years, and this under the terms of Articles 556-576 of the Civil Code, taking into account any changes in the law in this respect.

(2) Complaints arising from a breach of the Customer’s rights guaranteed by law should be directed to the e-mail address of the Intermediary given in the contact tab.  The Intermediary undertakes to provide the following assistance free of charge

Customer in forwarding a complaint to the Supplier. Complaints are dealt with within the time limits resulting from applicable legal regulations. 3.

The right referred to in § 7 section 1 of the Terms and Conditions applies to Sales Agreements concluded by the Customer with the Supplier established in an EU country. Sales Agreements concluded by by the Customer with the Supplier having its registered office in a third country shall be governed by the provisions of law

applicable to the seat of the Supplier, which may differ from the laws applicable in the EU States. EU STATES.

§8 Complaints regarding provision of services by electronic means

(1) The Intermediary shall take steps to ensure the correct operation of each Internet Offer to the extent resulting from the current technical knowledge and undertakes to rectify within a reasonable period of time any irregularities reported by the Customers.

(2) The Customer shall immediately notify the Intermediary of any irregularities or interruptions in the functioning of a given Internet Offer.

(3) In the complaint, the Customer should state his/her name, mailing address, type and date of the irregularity.

(4) The Intermediary undertakes to consider each complaint within 14 (in words: fourteen) days, and if this is not possible, to inform, before the expiry of this period, the Customer when the complaint will be considered.

§9 Duties and taxes

(1) If the Goods purchased from the Supplier via the Online Offer are shipped from a third country, they may be subject to additional customs, excise or other taxes as imported Goods (in particular value added or identity tax). The prices of the Goods are exclusive of the taxes or duties in question, if any,

The prices of the Goods are exclusive of the said taxes or duties, the payment of which shall be borne by the Customer. 2.

(2) The amount of the said duties or taxes, if any, may be based on the actual (market) value of the Goods (excluding discounts, rebates and promotions), the actual value of shipping (excluding discounts, rebates and promotions) and the cost of shipping insurance – and not the amounts paid by the Customer for the Price.

§10 Final provisions

(1) This Terms & Conditions shall apply from 22.07.2022

(2) In all matters not covered by these Regulations, the provisions of Polish provisions of universally binding Polish law shall apply. 3.

(3) Any disputes related to the Dropshipping Agreement shall be resolved by the competent Polish common courts.