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. §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 a company under the name of Asports Spółka z ograniczoną odpowiedzialnością in Kraków, with the address 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 number 0000769031, with a 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 §9 of the Terms and Conditions, which is addressed exclusively to entrepreneurs).

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

   5. The Terms and Conditions are an integral part of the Transaction between the Customer and the Seller, 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 Seller is the administrator of personal data processed in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, to the extent and based on the principles indicated in the privacy policy published on the Online Store. Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to inspect their content and the right to update and correct them.

   7. Definitions:

      1. WORKING DAY – one day from Monday to Friday, excluding public holidays in the territory of the Republic of Poland.

      2. REGISTRATION FORM – a form available in the Online Shop that allows you to create an Account.

      3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.

      4. CUSTOMER – an entity or a person who has concluded or intends to conclude a Sales Agreement with the Seller and, respectively, an entity or a person using or intending to use the Electronic Service.

      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. a natural person performing a legal act not directly related to their business or professional activity,

         2. or a sole proprietor entering into an agreement unrelated to the professional nature of their business activity, within the scope defined in Article 38a of the Consumer Rights Act and Article 385⁵ of the Civil Code.

      7. ACCOUNT – Electronic Service, a set of resources in the Seller's ICT system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about the Orders placed by the Customer in the Online Shop are collected.

      8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Seller via e-mail, which enables all non-consumer Customers using it to automatically receive from the Seller cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

      9. PRODUCT – a movable item available in the Online Shop, which is the subject of the Sales Agreement between the Customer and the Seller.

      10. TERMS AND CONDITIONS – these terms and conditions of the Online Shop.

      11. ONLINE SHOP - the Seller's online store available at the following internet address: www.offroad-express.com.

      12. SELLER – a company under the name of Asports Spółka z ograniczoną odpowiedzialnością in Kraków, with the address ul. Józefa Marcika 4, 30-443 Kraków, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Krakow-Śródmieście, XI Commercial Division of the National Court Register under the number 0000769031, with the Tax Identification Number 6793179906 and the share capital in the amount of PLN 5,000.00, which can be contacted by phone: 12 312 53 86 and e-mail address: sales@offroad-express.com.

      13. SALES AGREEMENT – a contract for the sale of the Product concluded or entered between the Customer and the Seller via the Online Store.

      14. ELECTRONIC SERVICE – a service provided electronically by the Seller to the Customer via the Online Shop.

      15. CONSUMER RIGHTS – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)

      16. ORDER – a declaration of intent of the Customer submitted by means of the Order Form and aimed at concluding a Product Sale Agreement with the Seller.

   8. The Seller, as a provider of information society services, designates an electronic point of contact in accordance with Article 11 of Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act), available at: admin@offroad-express.com. This point of contact is intended for direct and effective communication with the authorities of Member States, the European Commission, the Digital Services Board, as well as with the Seller. Communication may take place in Polish or English.

2. §2 Electronic Services Provided By The Online Store

   1. The Seller provides the following Electronic Services in the Online Store: Account, Order Form, and Newsletter. The rules for moderation and restrictions regarding content submitted by Users, including reviews, are defined in a separate set of terms and conditions available at: https://offroad-express.com/en/content/30-regulations-of-the-opinion. The provisions contained therein form an integral part of these Terms and Conditions.

   2. Account – the use of the Account is possible after completing a total of two subsequent steps by the Customer – (1) filling in the Registration Form and (2) clicking the "Register" field. In the Registration Form, it is necessary for the Customer to provide the following Customer data: name and surname, address (street, house/apartment number, postal code, city, province, country), e-mail address, contact phone number and password. The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving a reason, delete the Account (resignation from the Account) by sending an appropriate request to the Seller, in particular via e-mail to the following address: sales@offroad-express.com or in writing to the following address: Asports Sp. z o.o., ul. Józefa Marcika 4, 30 -443 Kraków, POLAND.

   3. Order Form– the use of the Order Form begins at the moment when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer has completed a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form the "Confirm purchase" field – until this point, it is possible to modify the entered data on their own (for this purpose, please follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide the name of the company and the tax identification number. The Order Form Electronic Service is provided free of charge and is of a one-time nature and is terminated at the time of placing an Order through it or at the time of earlier cessation of placing an Order through it by the Customer.

   4. Newsletter – subscribing to the Newsletter requires prior consent to receive commercial information by electronic means. The Newsletter is used by ticking the appropriate checkbox when creating an Account or placing an Order – at the moment of creating an Account or placing an Order, the Customer is subscribed to the Newsletter. The Electronic Newsletter service is provided to Customers who are not consumers. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving a reason, to unsubscribe from the Newsletter via an active link placed in the footer of the message sent as part of the Newsletter and by sending an appropriate request to the Seller, in particular via e-mail to the following address: sales@offroad-express.com or in writing to the following address: Asports Sp. z o.o., ul. Józefa Marcika 4a, 30-443 Kraków, POLAND.

   5. Technical requirements necessary to cooperate with the ICT system used by the Seller: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 or higher or Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the possibility of saving cookies and Javascript in the web browser.

   6. The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice, taking into account the respect for personal rights as well as copyrights and intellectual property of the Seller and third parties. The Customer is obliged to enter data consistent with the actual state. The Customer is prohibited from providing illegal content. In particular, it is prohibited to transmit content that is unlawful, incites hatred, or infringes the rights of third parties.

   7. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Shop (with the exception of the Product complaint procedure, which is indicated in §6 of the Terms and Conditions) may be submitted by the Customer, for example:

      1. in writing to the following address: Asports Sp. z o.o., ul. Józefa Marcika 4, 30–443 Kraków POLAND;

      2. in electronic form via e-mail to the following address: sales@offroad-express.com.

   8. 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.

   9. The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission.

   10. By sending, as part of any functionality offered by the Seller, works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022.2509), in particular by sending questions, comments and opinions (hereinafter referred to as the Works), the Customer simultaneously grants the Seller a free, territorially, temporarily unlimited and irrevocable license to use the Works.

   11. The Customer shall grant a license to the Works in particular in the following fields of exploitation:

       1. recording and multiplication, using all available techniques, including printing, reprography, magnetic recording or digital technology;

       2. placing on the market using all available techniques and on the basis of lending, rental or lease agreements, including inserting computer networks into the memory of computers and servers, collecting profits;

       3. dissemination in all forms, including exhibition, display, reproduction, broadcasting, rebroadcasting, as well as making them available to the public in such a way that everyone can have access to them in a place and at a time of their choice using all available techniques, in particular using the Internet and other computer networks;

       4. modification, including in particular the right to correct, translate, adapt, make alterations and changes to the whole or individual elements;

       5. creation and dissemination of derivative works, including further works based on the works or their individual elements, which includes, in particular, translation, changes of graphic and colour elements, visual and spatial formats, as well as the use of such derivative works to the extent and in all fields of exploitation indicated above.

   12. By submitting Works to the Seller, the Customer confirms that it owns full and unlimited rights to the Works and is entitled to grant a license in accordance with the Terms and Conditions.

   13. In the event that the Customer is not entitled to grant a license to the Works, the Customer shall be fully responsible for any claims of third parties resulting from the infringement of copyright, proprietary or other rights in such Works. Customer agrees to indemnify and hold Seller harmless from any and all claims and liabilities in connection with such infringement. The Seller shall not be liable for the content of the Works uploaded by the Customer or for any claims of third parties arising from the content of these Works.

3. §3 Orders

   1. The Customer places an Order using the Order Form available in the Online Store, in accordance with §2 section 3 of the Terms and Conditions.

   2. The Product price displayed on the Online Store’s website is shown in Polish zloty (PLN) and includes all applicable taxes. The Customer is informed of the total gross price of the Product, as well as the delivery costs (including transport, delivery, and postal service charges) and any other applicable fees—or, if these cannot be determined in advance, the obligation to cover such costs—during the ordering process, including prior to making the declaration of conclusion of the Sales Agreement.

   3. All prices listed on the Online Store’s website are for informational purposes only and do not constitute an offer within the meaning of Article 66 §1 of the Polish Civil Code. The Store reserves the right to change Product prices, introduce new Products, carry out and cancel promotional campaigns, as well as make changes to them. Product availability is valid while supplies last. 

   4. The Parties shall be bound by the prices in force at the time of placing the Order by the Customer, even if they change after the Order has been placed and before the Payment has been made.

   5. The Sales Agreement is concluded upon the placement of an Order by the Customer in the Online Store, in accordance with §2 section 3 of the Terms and Conditions. After the Order has been placed, the Seller shall promptly confirm its receipt and accept the Order for processing by sending the Customer an email to the address provided. This message shall include, at a minimum: confirmation of Order receipt, acceptance of the Order for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is deemed concluded at the moment the Customer receives this message. 

   6. The content of the Sales Agreement is recorded, secured and made available to the Customer by:.

      1. making these Terms and Conditions available on the Online Shop's website;

      2. sending the Customer an e-mail referred to in §3 paragraph 2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

   7. A limited number of items are available for promotional sales and clearances. Orders are processed in the order in which confirmed orders for a given product are received, until the stocks covered by this form of sale are exhausted.

   8. In the case of a price reduction applied as part of a promotion, the Seller shall inform of the lowest price of the given Product that was in effect during the 30-day period preceding the introduction of the reduction, in accordance with Article 4(2) of the Act on the Provision of Information on the Prices of Goods and Services.

4. §4 Methods and Dates of Payment for the Product

   1. The Seller provides the Customer with the following methods of payment under the Contract of Sale:

      1. payment on delivery upon receipt of the shipment;

      2. payment in cash upon personal collection

      Currency	Bank	Account number
      PLN	Bank Polska Kasa Opieki S.A	94 1240 5080 1111 0010 8876 3348
      EUR	Bank Polska Kasa Opieki S.A	PL 56 1240 5080 1978 0010 8876 3944 SWIFT: PKOPPLPWXXX

   2. payment by bank transfer to the Seller's bank account:

   3. electronic payment or payment card through an external PayU.pl payment system, operated by PayU.pl – PayU S.A. with its registered office in Poznań (registered office address: 182 Grunwaldzka Street, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4,000,000 fully paid-up, NIP: 779-23-08-495.

   4. electronic payment through an external PayPal payment system, operated by PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349).

   5. If the Customer uses the payment method via PayPal, the Seller reserves the right to increase the price of the Product by the equivalent of the cost of handling the transaction by the above-mentioned entity. The Customer can check the current fees and charges on the PayPal website:

      1. - for Consumer: https://www.paypal.com/pl/webapps/mpp/paypal-fees

      2. - for Business Owners: https://www.paypal.com/pl/webapps/mpp/merchant-fees.

   6. Payment Term:

      1. If the Customer chooses to pay in cash on personal collection, payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.

      2. If the Customer chooses cash on delivery upon delivery, the Customer is obliged to make the payment upon receipt of the shipment.

5. §5 Cost, Methods and Date of Delivery and Receipt of the Product

   1. Delivery of the Product to the Customer is payable unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Shop in the "Delivery costs" tab and when placing an Order, including at the time of the Customer's willingness to be bound by the Sales Agreement.

   2. Personal collection of the Product by the Customer is free of charge.

   3. The Seller provides the Customer with the following methods of delivery or collection of the Product:

      1. shipment by courier, parcel labelled cash on delivery;

      2. pallet shipment;

      3. personal collection is available at: Asports Sp. z o.o., Kokotów 657, 32-002 Węgrzce Wielkie – on Business Days, from 08:00 to 16:00 - after prior arrangement of the collection date.

   4. The delivery time of the Product to the Customer is up to 3 Business Days unless a different date is specified in the description of the Product or when placing the Order. The beginning of the delivery date of the Product to the Customer is calculated as follows:

      1. in the case where the Customer selects payment by bank transfer, electronic payment, or payment card – from the date the Seller’s bank account or settlement account is credited;

      2. in the case where the Customer selects cash on delivery – from the date of conclusion of the Sales Agreement, i.e., from the moment the Customer receives an email confirming the acceptance of the Order for processing, in accordance with §3 section 5 of the Terms and Conditions. 

   5. Date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a different date is specified in the description of the Product or when placing the Order. For Products with different pick-up dates, the pick-up date is the longest stated date. The Customer will be additionally informed about the readiness of the Product for collection by the Seller. The beginning of the Product readiness period for collection by the Customer is calculated as follows:

      1. in the case where the Customer selects payment by bank transfer, electronic payment, or payment card – from the date on which the Seller’s bank account or settlement account is credited;

      2. in the case where the Customer selects payment in cash upon personal collection – from the date of conclusion of the Sales Agreement, i.e., from the moment the Customer receives an email confirming acceptance of the Order for processing, in accordance with §3 section 5 of the Terms and Conditions. 

6. §6 Product Complaint

   1. The basis and scope of the Seller's liability towards the Customer if the sold Product is inconsistent with the Sales Agreement (warranty) are defined by generally applicable law, in particular in the Civil Code (if the Customer is an Entrepreneur) and in the Act on Consumer Rights (if the Customer is a Consumer). For Sales Agreements, the basis and scope of the Seller's liability towards a Customer who is a natural person conducting business activity, who concludes a Sales Agreement directly related to his business, but purchases the Product for a purpose unrelated to professional or business activity, due to the non-compliance of the Product with the Sales Contract are determined by generally applicable laws, in particular the Act of 4 November 2022 amending the Consumer Rights Act, Civil Code and Private International Law.

   2. The Seller is obliged to provide the Customer with a Product in accordance with the Sales Agreement. Detailed information on the Seller's liability for non-compliance of the Product with the Sales Agreement and the Customer's rights are specified on the Online Shop website in the "Goods complaint" tab.

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

   4. A complaint may be filed by the Customer, for example:

      1. in writing to the following address: Asports Sp. z o.o., ul. Józefa Marcika 4, 30 – 443 Kraków;

      2. in electronic form via e-mail to the following address: sales@offroad-express.com;

   5. It is recommended that the Customer provide the following in the description of the complaint:

      1. information and circumstances relating to the subject matter of the complaint;

      2. request a way to bring the Product into conformity with the Contract of Sale, by repairing or replacing the Product;

      3. contact details of the complainant – this will facilitate and accelerate the consideration of the complaint by the Seller.

         The requirements set out in the previous sentence are only in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.

   6. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the above deadline means that the Seller considers the complaint to be justified.

   7. The Customer, who exercises the rights under the warranty, is obliged to deliver the defective Product at the expense of the Seller to the following address: Asports sp. z o. o., Kokotów 657, 32-002 Węgrzce Wielkie. If, due to the type of Product or the way it is mounted, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

   8. The Customer is entitled to submit a statement on price reduction or withdrawal from the Sales Agreement if:

      1. The Seller has refused to bring the Product into conformity with the Sales Agreement;

      2. The Seller has failed to bring the Product into conformity with the Sales Agreement;

      3. the non-compliance of the Product with the Sales Agreement continues even though the Seller has attempted to bring the Product into conformity with the Sales Agreement;

      4. the lack of conformity of the Product with the Sales Agreement is so significant that it justifies a reduction in the price or withdrawal from the contract without prior use of the protection measures specified in §6 paragraph 5 letter b;

      5. it is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Customer.

   9. In the event of a valid withdrawal from the Sales Agreement, the Customer shall return the Product without undue delay, at the Seller’s expense. The Seller shall reimburse the Customer for the price paid without undue delay, and no later than within 14 days from the date of receipt of the returned Product or the date the Customer provides proof of its return shipment—whichever occurs first. 

7. §7 Extrajudicial ways to handle Customer complaints and Redress Procedures and Rules of Access to these Procedures

   1. Detailed information on the possibility for the Customer who is a Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the headquarters and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Trade Protection. Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.

   2. A Customer, who is a Consumer, has the following extrajudicial ways to handle their complaint and redress procedures:

      1. The Customer is entitled to apply to the permanent consumer arbitration court referred to in Article 37 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) with a request to settle the dispute arising from the concluded Sales Agreement. The Rules of Organisation and Operation of Permanent Consumer Arbitration Courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the Rules of Organisation and Operation of Permanent Consumer Arbitration Courts (Journal of Laws of 2001, No. 113, item 1214).

      2. The Customer is entitled to apply to the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings to amicably settle the dispute between the Customer and the Seller. Information on the rules and procedures of mediation conducted by the Provincial Inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.

      3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the e-mail address porady@dlakonsumentow.pl and by the Association of Polish Consumers at the toll-free consumer hotline number 800 889 866.

8. §8 Right of Withdrawal

   1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring any costs, except for the costs specified in §8 paragraph 8 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. A declaration of withdrawal from the agreement can be submitted in any way, however, it is recommended to use the following form:

      1. in writing to the following address: Asports Sp. z o.o., ul. Józefa Marcika 4, 30 – 443 Kraków;

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

   2. A sample withdrawal form is attached to these Terms and Conditions.

   3. The period for withdrawal begins:

      1. for an agreement under which the Seller delivers the Product and is obliged to transfer ownership of the Product (e.g. a Sales Agreement) – from the Consumer or a third party other than a carrier designated by the Consumer, and in the case of a contract that: (1) includes multiple Products that are delivered separately, in batches or in parts, from the time the last Product is taken into possession, lot or part, or (2) consists of the regular supply of Products for a specified period of time from the time of taking possession of the first Products;

      2. for other agreements – from the date of conclusion of the agreement.

   4. In the event of withdrawal from a distance agreement, the agreement shall be deemed not to have been concluded.

   5. At the moment of withdrawal by the Consumer from the distance agreement, the related additional agreements concluded by the Consumer expire if the service is performed on the basis of them by the entrepreneur or a third party on the basis of an agreement with the entrepreneur. The seller informs the person that the Consumer has withdrawn from the contract. The Consumer shall not bear the costs related to the expiry of these agreements, except for the costs specified in §8 paragraph 10 of the Terms and Conditions.

   6. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer's statement of withdrawal from the agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the Consumer unless the Consumer has expressly agreed to another method of reimbursement that does not involve any cost to the Consumer. If the Seller has not offered to collect the Product from the Consumer itself, the Seller may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, whichever occurs first.

   7. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before the deadline. The Consumer may return the Product to the following address : Asports Sp. z o.o., Kokotów 657, 32-002 Węgrzce Wielkie.

   8. The Consumer shall be liable for any reduction 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 agreement, which the Consumer is obliged to bear:

      1. if the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to reimburse the Consumer for any additional costs incurred;

      2. the Consumer bears the direct costs of returning the Product;

      3. in the case of a Product which is a service, the performance of which, at the express request of the Consumer, began before the expiry of the withdrawal period, the Consumer who exercises the right to withdraw from the contract after such a request is made is obliged to pay for the services provided until the withdrawal from the agreement. The amount of payment is calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance performed.

   10. The Consumer does not have the right to withdraw from a distance agreement with respect to the contracts listed in Article 38 of the Consumer Rights Act.

9. §9 Provisions concerning entrepreneurs

   1. This section of the Terms and Conditions and the provisions contained therein apply only to Customers who are not consumers.

   2. This provision may be considered an abuse of a subjective right if not appropriately limited (e.g., to justified cases or specific circumstances). Risk-mitigating proposal: The Seller reserves the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion, in particular in the event of an obvious error in the Product description, technical issues, or stock shortages. Such withdrawal shall not give rise to any claims against the Seller on the part of the Customer.

   3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

   4. Upon delivery of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product are transferred to the non-consumer Customer. In such a case, the Seller shall not be liable for any loss, depletion or damage to the Product occurring from its acceptance for carriage until it is delivered to the Customer and for any delay in the carriage of the shipment.

   5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner customary for shipments of this type. If it finds that the Product has been lost or damaged during transport, it is obliged to take all steps necessary to determine the carrier's liability.

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

   7. In the case of Customers who are not consumers, the Seller may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.

   8. The Seller's liability towards a Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand zlotys. The Seller shall be liable to the Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Customer who is not a consumer.

   9. Any disputes arising between the Seller and a Customer who is not a consumer shall be submitted to the court competent for the Seller's registered office.

   10. The obligations between the Seller and the Customer who is not a consumer under these Terms and Conditions shall be governed by Polish law.

10. §10 Model Withdrawal Form

    1. Model Withdrawal Form - (Appendix No. 2 to the Act on CONSUMER RIGHTS)

       
       
       

       
       Sample withdrawal form
       (this form must be completed and returned only if you wish to withdraw from the contract)

       –    Addressee:

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

       –    I/We(*) hereby inform/inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the supply of the following items(*) contract for specific work consisting in the performance of the following things(*)/for the provision of the following service(*)

       –    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

11. §11 Terms and Conditions of the "Free Delivery" Promotion

    1. These terms and conditions define the terms of the Free delivery promotion, organized by 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. The Promotion covers deliveries to continental European Union member states as well as Andorra, Gibraltar, Ireland, Luxembourg and the Vatican.

    3. 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 section 2 above.

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

    5. 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, and the minimum value of the order will be 1999 PLN for deliveries within Poland and 499 EUR for deliveries to other countries;

       2. will order goods with delivery to the address in accordance with section 2 of § 11 of this Regulation;

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

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

    6. Wholesale orders are excluded from participation in the Promotion. Terms and conditions for free delivery for wholesale orders are governed by §12 of this Regulation. Wholesale orders are considered by the Organizers as all orders placed by entities that benefit from the discounts for wholesalers provided by the Organizers.

    7. 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.

    8. 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 section 5 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.

    9. The promotion starts on 1 October 2021 and lasts until 31 December 2024.

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

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

    12. The end of the Promotion and changes to these terms and conditions shall enter into force upon their announcement at the address indicated in §11 section 18 of this Regulation. 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).

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

    14. 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.

    15. 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.

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

    17. 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.

    18. The latest version of the Terms and Conditions is available on the website of the Store, at the address: https://offroad-express.com/en/content/8-regulations

    19. § 11 of this Regulation shall enter into force on 1 October 2021.

12. §12 Terms and Conditions of the "Free Delivery" Promotion in relations with the wholesale customer

    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.

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

    4. 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 section 3 above.

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

    6. 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 concurrently purchase goods, and the minimum value of the order will be 1999 PLN for deliveries within Poland and 499 EUR for deliveries to other countries;

       2. will order goods with delivery to the address located in one of the countries listed in section 3 of §12  of this Regulation;

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

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

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

    8. 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.

    9. The provisions of this paragraph shall apply to situations in which a wholesale customer withdraws from a distance contract pursuant to the Store’s terms and conditions or generally applicable provisions of law.

    10. If the Wholesale Customer withdraws from a contract concluded remotely (pursuant to the Store Regulations or generally applicable laws), the Organizer is entitled to deduct the actual cost of shipment of goods incurred by the Organizer, but not higher than 300 PLN in case of deliveries within Poland and not higher than 300 Euro in case of deliveries to countries listed in paragraphs 3 and 4 § 12 of these Regulations. Thus, the Organizer is entitled to return the price of goods paid by the wholesale customer less the actual shipping cost.

    11. 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.

    12. 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.

    13. The provisions of this paragraph 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 corresponding to the actual transportation costs, but not higher than 300 PLN for deliveries in Poland and not higher than 300 Euros for deliveries to the countries listed in paragraphs 3 and 4 § 12 of these Regulations.

    14. The Promotion lasts from 01 August 2023 until 31 December 2024.

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

    16. The Organizer reserves the right to change the content of paragraph 12 of this Regulation at any time during the Promotion.

    17. 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 paragraph 12 of these Terms and Conditions.

    18. 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.

    19. The current version of the Terms and Conditions is available on the Store's website, at https://offroad-express.com/en/content/8-regulations.

    20. § 12 of this Regulation shall enter into force on 1 August 2023.

13. §13 Final provisions

    1. Contracts concluded via the Online Store are executed in the Polish language.

    2. The Seller reserves the right to amend the Terms and Conditions for valid reasons, in particular in the event of:

       1. changes in legal provisions affecting the performance of the Sales Agreement or the provision of Electronic Services,

       2. the imposition of public law obligations (e.g., administrative decisions, court judgments),

       3. significant technical changes in the operation of the Online Store,

       4. changes in the scope or form of the services provided (e.g., introduction of new functionalities),

       5. clarification of the Terms and Conditions in connection with the expansion of the offer or the need to protect Customers. 

    3. Agreements concluded before the amendment of the Terms and Conditions shall be governed by the Terms and Conditions in the version in force at the time of conclusion of the agreement.

       1. the amended terms and conditions are binding on the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in the existing ones, the Customer who is a consumer has the right to withdraw from the agreement.

    4. In matters not regulated by this Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:

       – the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended),
       – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended),
       – the Act of 4 November 2022 amending the Act on Consumer Rights and certain other acts (Journal of Laws of 2022, item 2581),
       – the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended),
       – and other applicable provisions of law.