§1
TERMS

The terms used in this Regulation have the following meanings:

1. Seller - the entity providing goods through the Service.
   Company: Kagam Gabriel Marcinów
   Address: Aleja Mikołaja Kopernika 1B 34-400 Nowy Targ
   Tax Identification Number (NIP): 735 259 93 18
   Tel: 508 396 315
   Email: biuro@trialsklep.pl
2. User - anyone who purchases goods made available through the Service by the Seller. Service - a system of internet applications consisting of a collection of static and dynamic documents, including files, graphics, scripts, and other elements connected by mutual relationships, made available under the domain www.trialsklep.pl.
3. Order Confirmation - a notification sent by the Seller to the User's provided email address, confirming the acceptance of the offer and the execution of the order, containing the confirmation of the offer (contract), including the price, details regarding the goods, and delivery details.
4. Delivery of Products - the sale of goods.
5. Email - electronic mail address.
6. Parties - the Seller and the User.

§2
GENERAL PROVISIONS

1. The owner of the Service is the Seller. The Regulations define the types and conditions of the delivery of goods through the Service by the Seller, as well as the rules for using the Service, the conditions for concluding and terminating contracts, and the procedure for handling complaints. The Regulations are available on the Service in a form that allows for downloading, recording, saving, and printing. In the event of a need to change the Regulations, the Seller will make the new version of the Regulations available on the Service, and will notify the User by posting the content of the Regulations and the provisions that have changed on the main page of the Service. The amended version of the Regulations will come into effect no earlier than 14 days after the new version is made available and the information about the change is posted on the Service. Registered Users of the Service will also be notified by email about the change in the Regulations at least 14 days before the change takes effect. A User who does not accept the changes in the Regulations is required to inform the Seller of their non-acceptance within 14 days from the date on which the information was introduced into the electronic communications system in a way that allows the person to become acquainted with its content. The Regulations in force on the date of the conclusion of the agreement shall apply to the delivery of goods.
2. The User is prohibited from providing content that is other than specified in the Regulations, advertising, or of an unlawful nature, as well as taking actions that may cause the malfunction of the Service. In the event that the Seller receives a notification or credible information regarding the unlawful nature of the data provided by the User, the Seller may prevent access to such data.

§3
TYPE AND SCOPE OF ACTIVITY

The Seller conducts business consisting of the delivery (sale) of goods in the form of clothing, parts, motorcycles, and motorcycle accessories.

§4
CONCLUSION OF THE AGREEMENT

1. The information posted on the Service does not constitute an offer to conclude an agreement regarding the goods offered therein; it is an invitation to make offers.
2. Acceptance of the invitation to enter into an agreement occurs by placing an order, as specified in §5.
3. By correctly placing an order, the User submits an offer to the Seller to conclude an agreement. The offer binds the User for 7 days from the moment of receiving the order confirmation to the email address specified by the User.
4. The confirmation referred to in paragraph 3 does not constitute acceptance of the offer; acceptance occurs only with the Order Confirmation, which should be sent promptly. If the Seller does not send the Order Confirmation to the email address specified by the User within 5 days of receiving the User's confirmation of receipt of the offer, the offer expires.
5. The moment of conclusion of the Agreement is when the User receives the Order Confirmation.
6. The Agreement is concluded at the prices and under the conditions that were in effect at the time the User submitted the offer, which was subsequently accepted by the Seller.

§5
PLACING AN ORDER

1. Placing an order is done by:
   1. creating an account on the Service - registering the User, and if the User is already registered - logging into the Service;
   2. selecting the goods offered on the Service;
   3. when making a purchase without registration, by correctly filling out the order form, indicating the buyer's information, and confirming and choosing the delivery method.

§6
ORDER FULFILLMENT

1. The order will be fulfilled within 14 days from the date of conclusion of the agreement, unless the Regulations specify otherwise.
2. If it is not possible to fulfill the order within the time specified in this Regulation due to the unavailability of the goods, the Seller shall notify the User immediately by telephone or by email. If the User does not accept the changed order fulfillment time, everything that the Parties have provided up to that point will be refunded, and neither of the Parties will make any claims against each other for failure to fulfill the order.

§7
DELIVERY OF GOODS

1. The ordered goods will be delivered as indicated in the order form, as specified in § 5, paragraph 1.
2. In the event that the User has chosen delivery of the Goods through a postal operator, the estimated delivery time within Poland is from 1 to 5 business days from the day of sending the goods.
3. The costs of various delivery methods are provided at the link https://trialsklep.pl/dostawa-i-platnosc/
4. Users of the Service have the option of personal pickup of the order at the company's registered office at the address specified in § 1, paragraph 1.

§8
WITHDRAWAL

1. A User who is a buyer may withdraw from the concluded agreement without providing any reasons by submitting a written statement using the provided form in the Returns and Complaints section within 14 days since the day the goods were issued. To meet this deadline, it is sufficient to send the statement along with the returned goods and proof of purchase to the Seller's address specified in §1, paragraph 1, before it expires.
2. In the situation described in paragraph 1, the User returns the goods to the Seller. The returned goods must have the original labels permanently attached to them, any markings provided by the Seller at the time of sale. The markings must not show signs of removal and reattachment to the goods. The returned goods must not show any signs of use, and in particular, they must not be mechanically damaged or have any other, even minor, physical defects. The subject of return may not be goods whose price has been reduced due to physical defects, damage, or any other defects present in the goods.
3. The Seller shall promptly, no later than within 7 days from the day of receiving the User's statement of withdrawal from the agreement as described in paragraph 1, and the return of the purchased goods, return the funds paid in a manner specified by the User.

§9
TECHNICAL REQUIREMENTS

1. To use the Service, the following is required: a. An internet connection, b. An internet browser that allows for the correct display of the Service's content, c. Enabled support for Cookies and Java Script.
2. If the User uses hardware or software that does not meet the technical requirements specified in paragraph 1, the Seller does not guarantee the proper functioning of the Service.

§10
COOKIE POLICY

Detailed information is available at the link: https://trialsklep.pl/polityka-plikow-cookies/

§11
PAYMENT

1. The User is obliged to pay for the ordered goods.
2. Payment is possible in the following forms:
   1. Cash payment when selecting the cash on delivery option,
   2. Bank transfer to the account: Bank Millennium S.A. in Nowy Targ, account number: 85 1160 2202 0000 0002 6733 1856 c. Bank transfer using the PayU payment system.
   3. The price and other essential terms related to the goods are provided in the description published on the Service's pages. Prices include VAT. However, they do not include delivery costs.
3. The amounts provided on the Service are gross prices, which means they include Value Added Tax (VAT).
4. The User consents to and authorizes the Seller to issue a VAT invoice without the recipient's signature; the invoice will be sent electronically to the email address provided in the order form..

§12
COMPLAINT PROCEDURE

1. Users can file complaints regarding goods by completing the complaint form available on the Service's website in the Returns and Complaints section. Upon the Seller's request, Users will provide a photo of the complained item, indicating the defect, or return the item to the Seller's address.
2. A correctly filed complaint should include at least the following information:
   1. User's identification (including their name, email address, phone number, and in the case of legal entities, the name and contact details of the authorized person handling the complaint),
   2. Order number and a description of the problem that is the basis for the complaint.
3. The Seller will process complaints within 14 business days from the date of receiving them and will inform the complainant of the complaint's outcome..
4. If a complaint is accepted, the goods will be delivered free from defects. If re-delivery is not possible, the Seller will refund the price within 7 days. Re-delivery of the item will take place within 7 days from the date of accepting the complaint.

§13
PRIVACY POLICY

1. The administrator of personal data collected through the Service available at www.trialsklep.pl is Trial Sklep Firma Kagam Gabriel Marcinó, Al.Mikołaja Kopernika 1B, 34-400 Nowy Targ, NIP 735 259 93 18, hereinafter referred to as the Administrator.
2. Personal data is processed in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
3. Purpose of personal data processing – User's data is processed for the proper execution of the purchase-sale contract concluded through the www.trialsklep.pl website, in particular it is necessary for:
   1. registration in the Service,
   2. placing an order,
   3. settling transactions,
   4. delivering the goods ordered by the User by the company responsible for delivery,
   5. handling complaints,
   6. in case of newsletter subscription, for sending commercial information about current products, promotions, or sales. .
4. Type of data – The Administrator processes the following personal data, which are necessary for:
   1. logging in to the Service – email address
   2. placing an order in the Service:
      - first and last name or company name,
      - in the case of natural persons conducting business activity, the Tax Identification Number (NIP),
      - email address,
      - shipping address (country, province, postal code, city, street, house/apartment number),
      - phone number
      - bank account number in case of withdrawal from the contract or acceptance of a complaint for refunding the User's payment.
   3. . in case of using the contact form service:
      - first and last name,
      - email address.
5. Personal data is processed with the User's consent, given at the time of registration in the Service and when confirming a transaction made in the Service.
6. Giving consent to process personal data is completely voluntary. The data provided in item 3 is necessary for the proper execution of the order placed in the Service and the User's rights, such as withdrawal/complaint.
7. In connection with the processing of User's personal data, the Users have the following rights:
   
   1. they can withdraw their consent at any time – without giving a reason. The request can concern a specified purpose of data processing, for example, withdrawing consent to receive commercial information. Withdrawing consent for all purposes of processing will result in the deletion of the User's account on the Service, and their data will not be processed by us. Withdrawing consent will not affect the activities carried out up to that point.
   2. they can request the deletion of their data at any time – without giving a reason. Requesting data deletion will not affect the activities carried out up to that point. Data deletion means the removal of the User's account on the Service, and their data will not be processed by us.
   3. they can object to the processing of their personal data both in its entirety and for a specified purpose. The objection will not affect the activities carried out up to that point. Raising an objection will result in the deletion of the User's account on the Service, and their data will not be processed by us.
   4. they can request us to restrict the processing of personal data, either for a certain period of time or in a specified scope. The request will not affect the activities carried out up to that point.
   5. they can request that we rectify or correct their personal data at any time.
   6. they can request us to provide information about the scope of personal data processing by us.
   7. In the event of submitting a request, not later than within 30 days of receiving the request, we will inform about the actions taken by us.
8. The User can consent to receiving commercial information electronically. With the User's consent, we may send newsletters to the email address provided by the User, containing information about promotions, contests, and news published on the Service.
9. The User can resign from receiving commercial information at any time by sending an email to biuro@trialsklep.pl, indicating their resignation from receiving commercial information. Resigning from the newsletter subscription does not entail the removal of the User's account.
10. Data processing assignment – The Administrator entrusts the processing of personal data to an operator providing postal and transport services responsible for delivering the shipment to execute the order placed by the User.
11. Personal data, apart from the purposes specified in this Privacy Policy, will not be made available to third parties in any way, including not being transferred to other entities for the purpose of sending marketing materials from third parties. The personal data of Service Users will not be transferred outside the European Union.
12. Personal data will not be processed in an automated manner, including profiling, which could lead to making any decisions, would have significant legal effects on the User.
13. Users' navigation data may be collected, including information about links and references to which they decide to click or other actions taken within our Service. Navigation data can be used to provide Users with better service, analyze statistical data, customize the Service to Users' preferences, and administer the Service.
14. In order to determine, pursue and defend claims in proceedings before courts and other state bodies, some personal data provided by the User while using the functionality on the Service, such as first and last name, data related to the use of services, if claims result from how the User uses services, other data necessary to prove the existence of a claim, including the size of the loss, may be processed.

§14
ODR PLATFORM (ONLINE DISPUTE RESOLUTION)

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), you can use the online dispute resolution platform (ODR) at https://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and businesses seeking an out-of-court resolution of a dispute related to contractual obligations arising from online sales contracts or service agreements. Our email address for initial contact: biuro@trialsklep.pl

§15
INTELLECTUAL PROPERTY

The User is obliged to comply with intellectual property laws. In particular, any copying, modification, or public reproduction of the content made available without the written consent of the Seller is prohibited, unless it is otherwise provided by separate agreements or mandatory provisions of the law.

§16
FINAL PROVISIONS

1. The Seller has the right to block access to the Service or its parts for valid reasons, including the identification of irregularities in using the Service or the occurrence of circumstances that could expose the User or the Seller to harm.
2. The User does not warrant that the use of the Service will proceed without defects.
3. The Seller is not liable for any consequences resulting from the User's improper completion of forms available on the Service, in particular providing incorrect or false information.
4. Any consequences arising from the improper completion of forms by the User, including providing incorrect or false data, are the User's responsibility..
5. The provisions of the Regulations do not affect the ability of Users who are consumers to invoke mandatory legal provisions governing consumer rights protection.
6. Matters not regulated by the Regulations shall be governed by the applicable Polish law, including the Civil Code of April 23, 1964, and the Act of July 18, 2002, on the provision of electronic services, as well as other applicable legal provisions.
7. Disputes arising from the interpretation or implementation of the Regulations shall be settled by the competent court under the applicable legal provisions.