I. General provisions

These Regulations define the general terms and conditions, the manner of providing Electronic Services and sales conducted via the internet store e-scooters.enbedden.com. The store is operated by FUNDACJA ROZWOJU PRZEDSIĘBIORCZOŚCI “TWÓJ STARTUP” with its registered office in Warsaw, at the address, ul. Żurawia 6/12 lok. 766, 00-503 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register, KRS 0000442857, NIP 5213641211, REGON 146433467, hereinafter referred to as the Seller.

Contact with the Seller is made through:

e-mail address: anna@embedden.com;

phone number: +48 575557015;

chat available on the store’s website.

These Terms and Conditions are continuously available on the website e-scooters.enbedden.com, in a way that allows you to obtain, reproduce and consolidate their content by printing or saving on a carrier at any time.

The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client’s ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and firewall.

II. Definitions

The terms used in the Regulations shall mean:

Working days – are days from Monday to Friday excluding public holidays;

Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;

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

Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

Entrepreneur – Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

Terms and Conditions – this document;

Goods – the product presented in the Online Store, the description of which is available next to each product presented;

Sales Agreement – Agreement for sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

Services – services provided by the Seller to Customers electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);

Act on Providing Services by Electronic Means – Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);

Order – a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

computer or mobile device with access to the Internet,

access to e-mail,

web browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,

inclusion of Cookies and Javascript in the web browser.

Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.

In particular, the Customer is obliged to:

not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,

use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,

not to undertake such actions as: sending or placing within the Internet Shop unsolicited commercial information (spam),

use the Online Store in a manner that is not onerous for other Customers and the Seller,

use of any content posted within the Internet Store only for their own personal use,

use the Internet Store in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of Internet use.

IV. Services

The Seller allows through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.

The Customer has the opportunity to contact the Seller via chat available on the Store’s website. The contract for the provision of the Service of providing an interactive chat room that allows Customers to contact the Seller is concluded for a fixed period of time and is terminated when the Customer closes the chat window or leaves the website of the Online Store.

The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the web pages of the Store. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.

In the event of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for conclusion of a Sales Contract

Information about the Goods given on the web pages of the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.

All Goods available in the Online Store are brand new and have been legally introduced into the Polish market.

The condition for placing an Order is having an active e-mail account.

In the case of placing an Order via the Order form available on the web site of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller’s acceptance of the Client’s offer and at the moment of its receipt by the Client a Contract of Sale is concluded.

Placing an Order on the Online Store by sending an electronic message takes place on the Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:

specify in the content of the electronic message addressed to the Seller the name of the Goods from among the Goods on the website of the Store and its quantity,

indicate the method of delivery and form of payment from among the methods of delivery and payment listed on the Store’s website

provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.

Information on the total value of the Order, referred to in the paragraph above, is given each time by the Seller by informing by e-mail along with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.

In the case of a Customer who is a Consumer, the Seller each time after placing an Order via e-mail sends the Customer a confirmation of the terms of the Order placed.

The Contract is concluded when the Customer, being a Consumer, sends (in response to confirmation of the terms of the Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the submitted Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms reading the instructions on withdrawal from the Contract.

The Contract of Sale is concluded in Polish or English, with the content in accordance with the Regulations.

VI. Delivery

Delivery of the Goods is limited to the territory of the European Union and the United Kingdom and is carried out to the address indicated by the Customer when placing the Order.

The Goods are delivered via a courier service.

The Seller shall inform the Customer on the web pages of the Store in the description of the Goods about the number of Working Days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

The time limit for delivery and fulfillment of the Order is calculated in Business Days in accordance with pt. VII subsection 2.

The Seller shall provide the Customer with a proof of purchase.

If different lead times are provided for the Goods covered by the Order, the longest period among those provided shall apply to the entire Order.

VII. Prices and payment methods

The prices of the Goods are quoted in EUR.

The Customer may choose the following methods of payment:

bank transfer to the Seller’s bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller’s bank account and completion of the Order);

electronic payment (in this case, execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, while shipment will be made immediately after completion of the Order).

The Seller shall inform the Customer on the Store’s website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. The right to withdraw from the Agreement

The Customer may withdraw from the Contract without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.

The Customer may formulate the statement himself or use the sample statement provided by the Seller on the Store’s website.

The 14-day period starts from the date on which the Goods were delivered or, in the case of a Service Contract, from the date of its conclusion.

Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send a confirmation of receipt of the statement of withdrawal to the Consumer’s e-mail address.

The Consumer’s right to withdraw from the Contract is excluded in the case of:

Provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller’s performance he will lose the right to withdraw from the Agreement;

Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Agreement;

A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer’s specifications or serving to meet his individualized needs;

Agreement in which the object of performance is Goods subject to rapid deterioration or having a short shelf life;

A contract in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;

A contract in which the subject of performance are products that after delivery, due to their nature, are inseparably combined with other things;

A contract in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

An Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or Goods;

A contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for a subscription contract;

A contract concluded through a public auction;

A contract for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;

Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.

In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.

The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.

If the Consumer has chosen a method of delivering the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

The Consumer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints regarding the Goods under warranty

The Seller undertakes to deliver the Goods without defects.

The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.

Complaints arising from violation of the Customer’s rights guaranteed by law or on the basis of these Regulations should be addressed to the FUNDACJA ROZWOJU PRZEDSIĘBIORCZOŚCI “TWÓJ STARTUP”, Skosna 12, biuro 228, 30-383, Krakow, Poland, to the e-mail address: anna@embedden.com, telephone number +48 575557015.

In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching to it the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 3.

The Seller undertakes to consider each complaint within 14 days.

In case of deficiencies in the complaint, the Seller shall call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

X. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address: FUNDACJA ROZWOJU PRZEDSIĘBIORCZOŚCI “TWÓJ STARTUP”, Skosna 12, biuro 228, 30-383, Krakow, Poland, to the e-mail address: anna@embedden.com, telephone number +48 575557015.

In the complaint, the Customer should provide his/her name, mailing address, type and description of the problem.

The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI. Warranties

The Goods may have manufacturer’s warranty.

In the case of Goods covered by a guarantee, the information on the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods on the web pages of the Store.

XII. Out-of-court methods of settling complaints and pursuing claims

A Customer who is a Consumer has, among other things, the following possibilities of using out-of-court ways to resolve complaints and pursue claims:

is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;

is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;

may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;

file your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

The Seller collects and processes personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Shop website.

XIV. Final provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to forms, logos belong to the Seller, and the use of them may be carried out only in the manner specified and in accordance with the Regulations.

The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court methods of settling complaints and pursuing claims do not apply.

Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to the competent court for the seat of the Seller.

In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.

Each Client will be informed of any changes to these Regulations through information on the main page of the Online Store containing a summary of the changes and their effective date. The effective date of the changes will not be shorter than 14 days from the date of their announcement.