The Online Shop www.offroad-express.com is committed to respecting consumer rights. The consumers may not waive the rights conferred on them by the Consumer Rights Act. The provisions of the sales contracts concluded over the online store, which deem less favourable to the consumer than the provisions of the Consumer Rights Act, shall be considered null and void, and they shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on the consumer by the mandatory provisions of law, and any possible doubt shall be explained for the benefit of the consumer. In the event of any inconsistencies between these Terms and Conditions and the above regulations of the Consumer Rights Act, priority shall be given to these regulations, and they shall be applied accordingly.

1. General Provision

   1. These Rules set out the principles of sales through the Online Shop available at the Internet address www.offroad-express.com.

   2. The Online Shop available at the Internet address www.offroad-express.com is run by company under the name of Asports Spółka z ograniczoną odpowiedzialnością in Kraków, with an address at ul. Józefa Marcika 4, 30-443 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście, XI Commercial Division of the National Court Register under the number 0000769031, with Tax Identification Number (NIP) 6793179906 and share capital in the amount of PLN 5,000.00.

   3. These Terms and conditions are addressed to both consumers and entrepreneurs using the Online Shop (with the exception of pt. 9 of the Terms and conditions, which is addressed exclusively to entrepreneurs).

   4. All products offered in the Online Shop available at the Internet address www.offroad-express.com are brand new, free from physical and legal defects, and have been legally introduced into the Polish market. This information is tantamount to the Seller's commitment to provide the Customer with products without defects.

   5. The Terms and conditions are an integral part of the Transaction between the Client and the Seller and are made available in accordance with the requirements of Article 8(1) of the Act on Providing Services by Electronic Means (Journal of Laws No. 144 of 2002, item 1204, as amended) and at the same time (along with other documents drawn up at the conclusion of the Transaction) constitutes the fulfillment of the information obligation provided for in the content of Article 12(1) and Article 18 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827).

   6. The administrator of personal data processed in connection with the implementation of the provisions of these Terms and conditions is the Service Provider. Personal data are processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the pages of the Online Store. Provision of personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

   7. Definitions:

      1. WORKING DAY – is any day from Monday to Friday, excluding public holidays.

      2. REGISTRATION FORM – is a form available at the Online Shop which allows the Customers to create their an account.

      3. ORDER FORM – Electronic Service, an interactive form available on the Online Shop website which allows the Customer to submit their Orders, in particular by adding Products to their electronic shopping basket and by determining the conditions of the Sales Contract, including the payment options and delivery methods.

      4. CUSTOMER – an entity or person who has concluded or intends to conclude a Sales Contract with the Seller.

      5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).

      6. CONSUMER

         1. (1) a natural person making ordinary purchases

         2. (2) a natural person conducting a sole proprietorship, with respect to the application of abusive clauses, the rights available in the event of non-conformity of goods with the contract, and with respect to the right to withdraw from a contract concluded at a distance or off-premises, if the contract concluded is not of a professional nature

      7. ACCOUNT – Electronic Service, a set of resources in the ICT system of the Service Provider in which the data provided by the Customer and any information on their Orders placed at the Online Shop are collected. The account is protected by a username (login) and a password provided by the Customer.

      8. NEWSLETTER – Electronic Service, an electronic information delivery service rendered by the Service Provider via email. It allows all Service Users to automatically receive subsequent editions of the Newsletter containing information on Products, new offers and promotions at the Online Shop from the Service Providers.

      9. PRODUCT – a movable good available at the Online Shop and the subject of any Sales Contract between the Customer and the Seller.

      10. TERMS AND CONDITIONS – are all the listed Terms and Conditions of this Online Shop service as described in this document.

      11. ONLINE SHOP - the online shop run by the Service Provider at the Internet address: www.offroad-express.com.

      12. SELLER; SERVICE PROVIDER – identified as a business entity that operates as a company under the name Asports Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, at ul. Józefa Marcika 4, 30-443 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków - Śródmieście, XI Commercial Division of the National Court Register under KRS number 0000769031, NIP (Tax Identification Number): 6793179906, with a share capital of PLN 5000.00.

      13. SALES CONTRACT – a contract sale of a product concluded or entered between the Customer and the Seller via the Online Shop.

      14. ELECTRONIC SERVICE – a service provided online to the Service User by the Service Provider via the Online Shop.

      15. SERVICE USER – an entity or person using or intending to use an Electronic Service.

      16. CONSUMER RIGHTS ACT, ACT – the legal act established on May 30, 2014 (Journal of Laws of 2014, item 827, with further amendments).

      17. ORDER – a declaration of intent submitted by the Customer using the Order Form with the aim of entering into a Sales Contract with the Seller.

2. Electronic Services Provided By The Online Store

   1. The Online Shop provides the following Electronic Services: Account, Order Form, and Newsletter.

      1. Account – the Service User is authorised to use the account only after completing two consecutive steps required by the Service Provider: (1) by filling in the Registration Form and (2) clicking on the “Register” button. The Service User is required to provide the following information in the Registration Form: full name, address (including street, house/apartment number, postcode, city, province, country), email address, contact phone number, and password.

         1. The Electronic Account Service shall be provided free of charge and for an indefinite period of time. The Service User may delete the Account (cancel the Account) at any time and without providing any reason by making a suitable request to the Service Provider, in particular via email sent to the following address: sales@offroad-express.com, or by post sent to the following address: OFFROAD EXPRESS ul. Józefa Marcika 4, 30-443 Kraków POLAND.

      2. Order Form– the Customer begins using the Order Form by entering their first Product selected at the Online Store to the electronic shopping basket. The Customer places the Order by completing a total of two consecutive steps: (1) by filling in the Order Form, and (2) clicking on the “Confirm Your Order” button at the Online Shop. Until then, the Customer may modify the Order details (in order to do this, the Customer needs to follow the prompts and information available at the Online Shop). The Customer is required to provide the following information in the Order Form: full name, address (including street, house/apartment number, postcode, city, province, country), email address, contact phone number and password and the Sales Contract details: Products, total count of the Products, delivery address, shipping option, and the payment method. A Customer who is not a consumer is additionally required to provide the name of their company and their Tax Identification Number.

         1. The Electronic Order Form Service shall be provided free of charge and on one-off basis. The order form is considered as completed once the Order has been placed with the use of the Order Form

      3. Newsletter – the Service User may use the Newsletter service as soon as they have provided their email address, at which to receive subsequent editions of the Newsletter, and clicked the button in the Newsletter section displayed on the Online Shop's website. The Service User may also subscribe to the Newsletter by ticking a suitable checkbox when registering the Account or when placing the Order. Therefore, the Service User shall subscribe to the Newsletter when registering the Account or placing the Order.

         1. The Electronic Newsletter Service shall be provided free of charge and for an indefinite period of time. The Service User may unsubscribe from the service (cancel the service) at any time and without providing any reason by making a suitable request to the Service Provider, in particular via email sent to the following address: sales@offroad-express.com, or by post sent to the following address: OFFROAD EXPRESS ul. Józefa Marcika 4, 30-443 Kraków POLAND.

   2. The following technical requirements have to be met in order to access and use the ICT system offered by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) a Web browser: Mozilla Firefox 17.0 or higher, Microsoft Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher; (4) the minimum recommended screen resolution: 1024x768; (5) both cookies and Javascript must be enabled in the browser.

   3. The Service User is obliged to use the Online Shop in a manner that is consistent with the law and reflective of shared community values while respecting the moral rights and copyright of the Service Provider and any third parties associated. The Service User is obliged to provide true information about themselves. The Service User is prohibited to provide any content which might be considered as unlawful or offensive.

   4. Complaints procedure:

      1. Complaints related to the provision of Electronic Services that are offered by the Service Provider and other complaints related to the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and conditions) may be submitted to the Service Provider any time by the Service User, for example:

         1. In writing to the following address: OFFROAD EXPRESS ul. Józefa Marcika 4, 30 – 443 Kraków POLAND;

         2. By email to the following email address: sales@offroad-express.com;

      2. It is recommended that the Service User provides the following details in the complaint: (1) information and facts concerning the subject of the complaint, in particular the type of irregularities and the date of their occurrence; (2) their claim; and (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation purposes only and do not affect complaints submitted without the aforestated details.

      3. The Service Provider shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission.

3. Terms And Conditions Of The Sales Contract

   1. The conclusion of the Sales Contract between the Customer and the Seller shall take effect once the Order has been placed by the Customer using the Order Form that is available at the Online Shop, pursuant to Point 2.1.2 of the Terms and Conditions.

   2. The Product price displayed on the Online Shop's website is shown in Polish Zloty currency and it includes Value Added Tax. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

   3. The availability of the presented products is valid until stocks are exhausted, and the quoted prices do not constitute an offer according to commercial law. The Online Shop reserves the right to change prices of goods on offer, to introduce new goods to the offer of the online shop, to carry out and cancel promotional actions on the store's pages or to introduce changes in them.

   4. Binding on the Parties are the prices in effect at the time of placing the Order by the Customer, even if after placing the Order and before making the Payment they changed.

   5. The conclusion of the Sales Contract between the Customer and the Seller deems effective once the Order has been placed by the Customer at the Online Shop pursuant to Point 2.1.2 of the Terms and Conditions. Once the Order has been placed, the Seller shall immediately confirm the receipt and proceed to execute the Order. The Order confirmation and its subsequent execution shall take effect when the Customer is informed about this fact by the Seller via email. The email should contain at least a statement informing that the Order has been received, is accepted for execution, and that a confirmation that the Sales Contract has been concluded. Once the Customer has received the email, the Sales Contract between the Customer and the Seller shall be concluded.

   6. Recording, securing and making available to the Customer the content of the concluded Sales Contract shall take place through:

      1. making these Terms and conditions Regulations available on the website of the Online Shop;

      2. sending the Customer the e-mail message referred to in item. 3.5. letter a of the Terms and conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Online Shop.

   7. A limited number of goods is intended for promotional sales and sales. Execution of orders is carried out in the order of receipt of confirmed orders for the goods, until the stocks covered by this form of sale are exhausted.

   8. In the case of application of a promotion, the Seller shall inform the Customers on the website of the Online Shop about the lowest price of the Products in force in the period of 30 days before the introduction of the promotion.

4. Terms And Methods Of Payment

   1. The Seller provides the following methods of payment as part of the Sales Contract:

      1. Payment on delivery upon receipt of the shipment

      2. Payment in cash upon personal collection.

      3. Payment by wire transfer to the bank account of the Seller.

         Currency	Bank	Account number
         PLN	Bank Polska Kasa Opieki S.A	25 1240 4719 1111 0010 4307 7080
         EUR	Bank Polska Kasa Opieki S.A	PL 56 1240 5080 1978 0010 8876 3944 SWIFT: PKOPPLPWXXX

      4. Electronic payments and credit card payments via PayU.pl – the currently accepted methods of payment are set out on the Online Shop website in the Payment Options section and on the PayU website: http://www.payu.pl.

         1. Settlement of electronic payment and payment card transactions shall be carried out according to the Customer's choice via PayU.pl service.

         2. PayU.pl – The processing of electronic payment and payment card transactions shall be performed by PayU SA based in Poznań (address: ul. Grunwaldzka 182, 60-166 Poznań), registered in the Register of Entrepreneurs of the National Court Register, District Court for Poznań-Nowe Miasto and Wilda, under the National Court Register entry (KRS) Number 0000274399, with the share capital fully paid up of 4,000,000 PLN, NIP Number [Tax Identification Number] 779-23-08-495.

      5. Payment term:

      1. Where the Customer chooses to pay in cash upon personal collection, bank transfer, electronic payment or credit card payment, they are obliged to pay within 7 calendar days from the Sales Contract conclusion date.

      2. Where the Customer chooses payment on delivery, they are obliged to pay immediately upon delivery in order to receive the good(s).

5. Shipping Methods And Costs And Collection And Delivery Times

   1. The Seller shall charge the Customer for the delivery of the Product unless the Sales Contract provides otherwise. Shipping charges (including charges for transportation, delivery and postal services) are set out on the Online Shop's website in the Shipping section. These charges are also displayed to the Customer when they place their order or declare their intent to enter into a Sales Contract with the Seller.

   2. Personal collection of the Product by the Customer shall be free of charge.

   3. The Seller provides the following methods of Product collection and delivery to the Customer:

      1. Shipment by courier (pre in an upfront fashion or upon delivery).

      2. Pallet shipment.

      3. Personal collection available at the address: Kokotów 657, 32-002 Węgrzce Wielkie - on Business Days, from 08:00 to 16:00 - by appointment.

   4. The Product shall be delivered to the Customer within 3 Working Days unless a different time limit has been provided in the description of the Product or in the information displayed to the Customer as they place their Order. The lead time for the Product to be delivered to the Customer starts to run in the following situations:

      1. When the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.

      2. When the Customer chooses payment on delivery, the period starts to run from the day the Sales Contract has been concluded.

   5. When the Customer chooses personal collection, the Product shall be ready for the Customer to collect within 2 Working Days unless a different time limit has been provided in the description of the Product or in the information displayed to the Customer as they place their Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified. Once the Product is ready to be collected, the Customer shall be additionally notified by the Seller. The period for the Product to be collected by the Customer starts to run:

      1. When the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.

      2. When the Customer chooses to pay in cash upon personal collection, the period starts to run from the day the Sales Contract has been concluded.

6. Notice Of Defect

   1. The basis and scope of the Seller's liability to the Customer if the sold Product is inconsistent with the Sales Agreement (warranty) are defined by generally applicable laws, in particular the Civil Code (if the Customer is an entrepreneur) and the Consumer Rights Act (if the Customer is a consumer). For Sales Agreements, the basis and scope of the Seller's liability to the Customer who is a natural person, conducting business activity, who concludes a Sales Agreement directly related to his/her business, however, acquires the Product for the purpose not related to professional or business activity, for non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of November 4, 2022 amending the Act on Consumer Rights, the Act - Civil Code and the Act - Private International Law.

   2. The Seller shall provide the Customer with a Product without defects. Detailed information on the Seller's liability for defects in the Product and customer rights are provided on the Online Shop's website in the Notice of Defect section.

   3. The Seller shall not be liable for the lack of conformity of the Product with the Sales Contract, if the Customer, at the time of concluding the Sales Contract at the latest, has been explicitly informed that a specific feature of the Product deviates from the requirements of conformity with the Sales Contract and has explicitly and separately accepted the lack of a specific feature of the Product.

   4. The Customer may submit a notice of defect, for example:

      1. in writing to the following address: ul. Józefa Marcika 4, 30-443 Kraków POLAND;

      2. or by email to the following email address: sales@offroad-express.com;

   5. It is recommended that the Customer provides the following details in the notice:

      1. (1) information and facts concerning the subject of the complaint,

      2. (2) request for the method of bringing the Product into conformity with the Sales Agreement, through repair or replacement of the Product,

      3. (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation only and do not affect complaints submitted without the recommended details.

   6. The Seller shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission. If the Seller fails to respond to the complaint within the above deadline, the Complaint shall be considered valid.

   7. A Customer who exercises the rights under statutory warranty is obliged to deliver the defective product at the expense of the Seller to the following address: OFFROAD EXPRESS Kokotów 657, 32-002 Węgrzce Wielkie. If the Product is extremely difficult to deliver due to its type or the way it has been installed, the Customer is obliged to make the Product available to the Seller at the place where the product is located.

   8. The Customer shall be entitled to submit a statement of price reduction or withdrawal from the Sales Contract if:

      1. the Seller refused to bring the Product into conformity with the Sales Contract;

      2. the Seller failed to bring the Product into conformity with the Sales Contract;

      3. the Product's nonconformity with the Sales Contract continues even though the Seller has attempted to bring the Product into conformity with the Sales Contract;

      4. the lack of conformity of the Product with the Sales Contract is so significant that it justifies a reduction of the price or withdrawal from the Contract without prior use of the means of protection specified in item 6.5.2. 6.5.2.;

      5. it is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Sales Contract within a reasonable time or without excessive inconvenience for the Customer.6.9. In the event of withdrawal from the Sales Contract, the Customer shall immediately return the Product to the Seller at the Seller's expense. The Seller shall return the price to the Customer immediately, no later than within 14 days from the date of receipt of the Product or proof of its return.

7. Extrajudicial Ways To Handle Customer Complaints And Redress And Rules Of Access To These Procedures

   1. Detailed information on the extrajudicial ways to handle complaints and redress, together with the access rights to this type of information for a Customer, who is a consumer, are available at the premises and on the websites of the District (Municipal) Consumer Ombudsman Office, social organisations whose statutory tasks include consumer protection, Provincial Inspectorate Trade Offices, and the following Internet addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.

   2. A Customer who is a consumer may seek the following extrajudicial ways to handle their complaint and redress:

      1. The Customer is entitled to submit a request to the Permanent Consumer Arbitration Court referred to in Article 37 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to resolve a dispute resulting from the Sales Contract. The rules according to which permanent consumer arbitration courts operate and are organised are determined by the Order of the Minister of Justice of 25 September 2001 on the Rules of Organization and Operation of Permanent Consumer Arbitration Courts (Journal of Laws of 2001, No. 113, item 1214).

      2. The Customer is entitled to submit a request to the Provincial Trade Inspectorate Office pursuant to Article 36 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to initiate a mediation procedure to bring to an end by amicable settlement the dispute between the Customer and the Seller. Information on mediation rules and procedures carried out by the Provincial Trade Inspectorate Office is available at the premises and on the websites of the local branches of the Provincial Trade Inspectorate Office.

      3. The Customer may receive free assistance to settle the dispute between the Customer and the Seller by using the services of the District (Municipal) Consumer Ombudsman Office and social organisations whose statutory tasks include consumer protection (including the Consumer Federation and Polish Consumers Association). Relevant advice is provided by the Consumer Federation at porady@dlakonsumentow.pl and by the Polish Consumers Association at a toll-free consumer hotline number 800 889 866.

8. Right Of Withdrawal (Concerning Sales Contracts Concluded By 25 December 2014)

   1. A Customer who has entered into a distance contract may withdraw from it within 14 calendar days without providing any reason and at no cost, with the exception of the costs referred to in Point 8.8 of the Terms and Conditions. The period for withdrawal shall be deemed to have been observed if the Customer sends a withdrawal form before its expiry. The declaration of withdrawal may be submitted:

      1. in writing to the following address: OFFROAD EXPRESS ul. Józefa Marcika 4, 30-443 Kraków POLAND;

      2. by email to the following email address: sales@offroad-express.com;

   2. A model withdrawal form is attached to these Terms and conditions.

   3. The period for the withdrawal procedure starts to run as follows:

      1. for the contract which stipulates that, by providing the Product, the Seller is obliged to transfer its ownership (e.g Sales Contract), the period starts to run from taking possession of the Product by the consumer or a person designated by the third party other than the carrier, and in the case of contracts which: include a number of products which are delivered separately, in batches or in parts, the period starts to run from taking possession of the last Product, batch or piece; or (2) provide for the regular delivery of the Products for a definite period of time, the period starts to run from taking possession of the first of the Products.

      2. for other contracts, the period starts to run from the day the contract has been concluded.

   4. If the Customer withdraws from a distance contract, the contract shall be considered null and void.

   5. At the time of withdrawal by the Consumer from the remote contract, the related ancillary contracts concluded by the consumer shall expire, if on the basis of them the performance is provided by the trader or a third party on the basis of an agreement with the trader. The seller shall inform this person of the Consumer's withdrawal from the contract. The Consumer shall not bear the costs associated with the termination of these contracts, with the exception of the costs specified in sec. 8.10 of the Terms and conditions.

   6. The Seller is obliged to immediately return all payments made by the consumer, which is no later than 14 calendar days from the date of receipt of the consumer's declaration to withdraw from the contract, including the shipping costs (with the exception of the additional costs resulting from the shipping method selected by the Customer which is other than the cheapest shipping method offered by the Online Shop). The Seller shall refund the payment using the same method of payment as that used by the consumer unless the Consumer has expressly agreed otherwise and the return does not incur any additional costs on the part of the Consumer. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product has been returned by the consumer or the consumer has supplied the evidence of its return, whichever is the earliest.

   7. The Consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it no later than 14 calendar days from the date on which they withdraw from the contract, unless the Seller has offered to receive the Product themselves. The Product return deadline shall be deemed to have been observed if the Customer returns the Product before its expiry. The consumer may return the Product to the following address: OFFROAD EXPRESS Kokotów 657, 32-002 Węgrzce Wielkie.

   8. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

   9. Possible costs related to the consumer's withdrawal from the contract shall be incurred by the consumer:

      1. If the consumer chooses a shipping method other than the cheapest shipping method available at the Online Shop, the Seller shall not be required to reimburse additional costs incurred by the consumer.

      2. The consumer shall incur the direct cost of returning the Product.

      3. When the Product is a service which provision, at the express request of the consumer, began prior to the deadline of the withdrawal from the contract, the consumer who exercises the right of withdrawal, once they have filed such a request, is required to pay for the services provided prior to the withdrawal. The amount payable shall be calculated in proportion to the extent of the services provided, including the price or remuneration stipulated in the contract. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.

   10. The right of withdrawal from a contract concluded remotely does not apply to the consumer with respect to the contracts listed in Article 38 of the Law on Consumer Rights.

9. Provisions Applicable to Entrepreneurs

   1. This section of the Terms and conditions and the provisions therein apply only to those Customers and Service Users who are not consumers.

   2. The Seller has the right to terminate the Sales Contract concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. In this case, the withdrawal from the Sales Contract may be effected without providing any reason and shall not lead to any claims being made against the Seller.

   3. The Seller has the right to restrict the methods of payment available to Customers who are not consumers. This includes a requirement to prepay their Orders in whole or in part, regardless of the method of payment selected by the Customer together with the Seller’s ability to recognize the fact that the Sales Contract has been concluded.

   4. As soon as the Seller gives out the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall be transferred to a Customer who is not a consumer. In this case, the Seller shall not incur any liability for loss, defect or damage that may arise after the dispatch acceptance, its delivery to the Customer, and for any shipment delay.

   5. If the Product is shipped to the Customer via the carrier, a Customer who is not a consumer is required to examine the shipment in time and in a manner generally accepted for deliveries of this kind. If the Customer finds that a loss of or damage to the Product has occurred during transport, they are obliged to make all actions necessary to establish the liability of the carrier.

   6. Pursuant to Article 558, Paragraph 1 of the Civil Code, the Seller's liability under the warranty for the Product to a Customer who is not a consumer shall be excluded.

   7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying reasons by sending a suitable statement to the Customer.

   8. The Service Provider's/Seller's liability to a Service User/Customer who is not a consumer, regardless of its legal basis, shall be limited both with regard to a single claim as well as for a sum total of claims up to the price paid and the shipping cost stipulated in the Sales Contract that does not exceed the amount of 1,000 PLN. The Service Provider/Seller must not incur any liability to a Service User/Customer who is not a consumer for typical damage foreseeable at the time of the conclusion of the contract, but they shall incur a liability for profits lost by a Service User/Customer who is not a consumer.

   9. Any dispute arising between the Seller/Service Provider and the Customer/Service User shall be referred for determination to the court having territorial jurisdiction over the Seller's/Service Provider's registered office.

10. Final Provisions

    1. Contracts concluded by the Online Shop shall be concluded in Polish.

    2. Amendments to the Terms and Conditions:

       1. The Service Provider reserves the right to make amendments to these Terms and Conditions.

       2. When a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Provision of Electronic Services: Account), the amendments to these Terms and Conditions shall be binding upon the Service User if the requirements stipulated in Article 384 and 384 [1] of the Civil Code have been preserved, i.e. if the Service User has been suitably informed of the amendments and has not terminated the contract within 14 calendar days from the date of notification. When an amendment to these Terms and Conditions entails any new fees or an increase in the existing fess, a Client who is a consumer shall be granted the right to withdraw from the contract.

       3. When a contract other than a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Sales Contract), the amendments to these Terms and Conditions shall in no way affect the rights acquired by a Service User/Customer who is a consumer before the amendments to the Terms and Conditions take effect; in particular, the amendments to the Terms and Condition shall in no way affect Orders which are already submitted or are being submitted and Sales Contracts which are concluded, executed or completed.

    3. For any matters that are not included in the aforestated Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item. 1204, as amended); for sales contracts concluded by 24 December 2014 with Customers who are consumers, the Act on Protection of Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws of 2000, No. 22, item. 271, as amended) and the Act on Special Conditions for Consumer Sales and the Amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for sales contracts concluded from 25 December 2014 with Customers who are consumers, the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014. item 827, as amended); and other relevant provisions of applicable law.

11. Model withdrawal form

    1. Model withdrawal form - (Attachment 2 To The Consumer Right Act)

       
       
       

       
       Model withdrawal form
       (the form must be completed and returned only if the Customer wishes to withdraw from the contract)

       –    Recipient:

       ASPORTS SP. Z O.O.
       ul. Józefa Marcika 4, 30-443 Kraków
       sales@offroad-express.com
       www.offroad-express.com

       –    I/we(*) hereby inform that I/we(*) would like to withdraw from a contract for the sale of the following items(*), a contract for the delivery of the following items(*), a contract for a specific work to produce the following items(*) and/or provide the following services(*).

        

       –    Date of the contract (*)/reception(*)

       –    Consumer's name

       –    Consumer's address

       –    Consumer's signature (only if the form is submitted in writing)

       –    Date

       (*) Delete as appropriate.

       
       
       
    Ready model withdrawal form: download

12. Terms and Conditions of the "Free Delivery" Promotion

    1. Subject of the Terms and Conditions

       These terms and conditions define the terms of the Free delivery promotion, organized by:

       1. the company Asports Sp. z o. o. based in Kraków, with the registered office at Józefa Marcika 4, 30-443 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków - Śródmieście, 11th Commercial Division of the National Court Register under KRS number 0000769031, NIP (Tax Identification Number): 6793179906
          - i.e. the entities running an Offroad Express store (hereinafter referred to as – respectively – Promotion, Organizers and Store).

    2. Territorial coverage of the Promotion

       1. The Promotion covers deliveries to continental European Union member states as well as Andorra, Gibraltar, Ireland, Luxembourg and the Vatican.

       2. For the avoidance of any doubts, the Promotion does not cover deliveries to islands located in the territory of the European Union Member States – which should be understood both as island states that are members of the European Union (excluding Ireland) and sea islands constituting the territory of the countries referred to in item 1 above.

    3. Conditions of the Promotion

       1. As part of the Promotion, customers of the Store will be eligible for free delivery of the goods purchased in the Store.

       2. Each customer who purchases in the Store is eligible for the Promotion – both using the website available at the address offroad-express.com, as well as placing an order via e-mail or by phone, who:

          1. will concurrently purchase goods for a total minimum amount of PLN 999.00 or EUR 250.00;

          2. will order goods with delivery to the address in accordance with §2 of these terms and conditions;

          3. will choose the delivery methods specified by the Organizers as free delivery;

          4. will accept the provisions of these terms and regulations.

       3. Wholesale orders are excluded from participation in the Promotion. Terms and conditions for free delivery for wholesale orders are governed by §13 of these terms and conditions. Wholesale orders are considered by the Organizers as all orders placed by entities that benefit from the discounts for wholesalers provided by the Organizers.

       4. The Organizer reserves the right to limit the Promotion to only some shipping methods. Information on the shipping methods included in the Promotion will be displayed each time as part of the Store's functionality and it may be also provided on request by the Organizers' customer support.

       5. In the event of the customer's partial withdrawal from a distance contract (the so-called return of part of the purchased goods) as a result of which the final value of the ordered goods will be lower than that indicated in item 2 letter a above, the Organizers are entitled to deduct the cost of the shipping method selected by the customer from the amount due to the customer for the goods he returned.

    4. Duration of the Promotion, amendments to the Terms and Conditions

       1. The promotion starts on 1 October 2021 and lasts until 31 December 2023.

       2. The Organizer reserves the right to terminate the Promotion earlier.

       3. The Organizer reserves the right to change the content of these terms and conditions at any time during the Promotion.

       4. The end of the Promotion and changes to these terms and conditions shall enter into force upon their announcement at the address indicated in §6 item 2 of these Terms and regulations. The information referred to in the previous sentence will be also sent via e-mail to those customers who have agreed to receive correspondence from the Organizer (registered users, newsletter subscribers).

    5. Complaints

       1. Complaints regarding the Promotion can be submitted in writing to the address of the selected Organizer, with a note "Complaint – Free Delivery Promotion."

       2. A complaint notification form should contain a detailed description of the event justifying the notice of complaint, name and surname and an e-mail address of the customer.

       3. The Organizers will process the complaint within 14 days from the date of receipt of the notification unless it is necessary to provide the Organizers with additional information to consider the complaint. In this case, the 14-day period is counted from the date of delivery of such information.

       4. The communication regarding the complaint will be directed by the Organizers to the customer's e-mail address provided in the complaint letter.

    6. Final provisions

       1. These terms and regulations shall constitute the exclusive document defining the rules of the Promotion, and any other information about the Promotion contained in any promotional and advertising materials shall be considered supplementary.

       2. The latest version of the Terms and Conditions is available on the website of the Store, at the address: https://offroad-express.com/en/terms/regulations-18.html.

       3. These terms and conditions shall enter into force on 1 October 2021.

13. Terms and Conditions of the "Free Delivery" Promotion in relations with the wholesale customer

    1. Subject of the Terms and Conditions

       1. These regulations define the terms and conditions provided for the wholesale customer for the promotion "Free delivery", organized by the company Asports Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, with the address 4 Józefa Marcika St, 30-443 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków - Śródmieście, 11th Commercial Division of the National Court Register under number 0000769031, with Tax Identification Number 6793179906;
          - i.e. the entities running an Offroad Express store (hereinafter referred to as – respectively – Promotion, Organizers and Store).

       2. For the purposes of these Terms and Conditions, a wholesale customer shall be deemed to be a customer to whom the Organizer has granted the status of a wholesale customer and the related discounts to the aforementioned (hereinafter referred to as a Wholesale customer). For the avoidance of any doubt, the Organizer declares that the status of Wholesale customer is permanent, and the provisions of these Terms and Conditions shall also apply to orders placed by the Wholesale customer without taking advantage of the discount.

    2. Territorial coverage of the Promotion

       1. The Promotion covers deliveries made to the continental member states of the European Union, as well as Andorra, Gibraltar, Ireland, Luxembourg and Vatican.

       2. For the avoidance of any doubt, the Promotion does not cover deliveries to islands located in the territory of the European Union Member States - which shall be understood as both island states that are members of the European Union (excluding Ireland) and offshore islands that are the territory of the countries indicated in item 1 above.

    3. Conditions of the Promotion

       1. The Promotion includes deliveries made to the continental member states of the European Union as well as Andorra, Gibraltar, Ireland, Luxembourg and Vatican.

       2. Each Wholesale customer making purchases from the Store is eligible for the Promotion - both using the website available at offroad-express.com, as well as placing an order by e-mail or telephone, who:

          1. will make a concurrent purchase of goods for a price greater than or equal to 999.00 PLN or 250.00 Euro;

          2. will order goods with delivery to the address located in one of the countries listed in sec. 12.2. of these Terms and Conditions;

          3. will choose the delivery method marked by the Organizer as free delivery;

          4. will accept the provisions of these Terms and Conditions.

       3. Orders shipped using cash on delivery are excluded from participation from the Promotion.

       4. The Organizer reserves the right to limit the Promotion to only some shipping methods. Information about shipping methods included in the Promotion will be displayed each time within the functionality of the Store and may be also provided by the Organizer's customer service office upon request.

    4. Withdrawal from the contract and return of goods

       1. The provisions of this clause shall apply to a situation in which a Wholesale customer withdraws from a contract concluded at a distance under the rules of the Store or generally applicable laws.

       2. If the Wholesale customer withdraws from a contract concluded at a distance, the Organizer shall be entitled to deduct the shipping costs of the goods incurred by the Organizer. Thereby, the Organizer shall be entitled to return the price of goods paid by the Wholesale customer less the cost of shipping from the Organizer to the Wholesale customer, in the amount determined based on the table contained in the Appendix to these Terms and Conditions.

       3. If the Wholesale customer makes a partial withdrawal from the agreement concluded at a distance (the so-called return of part of the purchased goods), the Organizer shall be entitled to deduct the shipping costs of the entire order from the price of the aforementioned goods returned to the Wholesale customer, in an amount proportional to the share of the price of the returned goods in the total price of the order in question.

       4. In case of withdrawal from the contract referred to in this clause, the costs associated with the return of goods to the Organizer (in particular, but not limited to the cost of shipping and securing the goods) shall be incurred by the Wholesale customer.

       5. The provisions of this clause shall also apply to the withdrawal by the Wholesale customer from the contract concluded at a distance before the delivery of the goods to him. This is explicit to the fact that the Organizer will charge the Wholesale customer with the shipping costs of the goods incurred by him, in the amount determined based on the table contained in the Appendix to these Terms and Conditions.

    5. Duration of the Promotion, amendments to the Terms and Conditions

       1. The Promotion lasts from 01 August 2023 until 31 December 2023.

       2. The Organizer reserves the right to terminate the Promotion earlier.

       3. The Organizer reserves the right to change the content of these Terms and Conditions at any time during the Promotion.

       4. The end of the Promotion and changes to these Terms and Conditions shall enter into force as soon as they are announced at the address indicated in sec. 12.6.2 of these Terms and Conditions.

    6. Final Provisions

       1. These Terms and Conditions are the exclusive document defining the rules of the Promotion, and any information about the Promotion contained in any promotional and advertising materials shall be considered supplementary.

       2. The current version of the Terms and Conditions is available on the Store's website, at https://offroad-express.com/en/terms/regulations-18.html

       3. The Terms and Conditions shall become effective on 01 August 2023.