TERMS AND CONDITIONS TERMS AND CONDITIONS & PRIVACY POLICY

TERMS AND CONDITIONS

I. GLOSSARY OF TERMS

• Seller, Data Controller – PRZEMYSŁAW SZOPA, with registered office in Rzeszów, ul. Św. Rocha 99, 35-330 Rzeszów, NIP (VAT ID): 8133723575, REGON: 364806110, phone: +48 575108055, email: hello@raccooncycles.com.
• Store, Online Store – the online service owned by the Seller, available under the domain www.raccooncycles.com, through which the Buyer may place Orders.
• Buyer, Customer – any entity placing an Order in the Store (Consumer or an entity without Consumer status).
• Consumer – a Buyer who is a natural person executing a legal transaction (sales agreement via the Store) not directly related to their business or professional activity (Art. 22(1) of the Polish Civil Code).
• Terms and Conditions – these Terms and Conditions.
• Goods – movable items available for sale in the Store.
• Order – the Buyer’s declaration of intent directly aimed at concluding a distance sales agreement for Goods via the Store, specifying at least the type and quantity of Goods.

1. Order placement procedure and conclusion of sales agreements,
2. Order modifications and fulfillment timelines,
3. Right of withdrawal from the agreement,
4. Payment methods and pricing,
5. Delivery terms for Goods,
6. Other rights and obligations of the parties to the sales agreement,
7. Complaint submission procedure,
8. Personal data protection rules,
9. Registration rules in the Store,
10. Technical requirements,
11. Final provisions.

II. ORDER PLACEMENT AND SALES AGREEMENT CONCLUSION

1. Listing a specific item with its price on the Online Store website does not constitute an offer of sale, but merely an invitation for Buyers to submit offers.
2. An Order is placed electronically by the Buyer and constitutes an offer to conclude a sales agreement for the Item listed on the Store’s website at the specified price. Placing an order requires clicking the button labeled “Buy and Pay”.
3. Immediately after placing an Order, the Customer receives a confirmation email acknowledging receipt of the order (pursuant to Art. 66(1) §1 of the Polish Civil Code). Receipt confirmation does not yet constitute acceptance of the Order by the Seller.
4. The Seller, promptly and no later than within 5 (five) business days of receiving the Order, verifies the feasibility of fulfilling the Order—specifically product availability—and notifies the Buyer whether the Order is accepted. Upon acceptance, a sales agreement is concluded between the Seller and the Buyer, subject to section VII.
5. If the period specified in section 4 proves insufficient, the Seller may request an extension from the Buyer.
6. Technical steps related to placing an order—including product selection, adding items to the cart, selecting payment methods, correcting order errors, etc.—are specified on www.raccooncycles.com.

III. ORDER MODIFICATIONS AND FULFILLMENT TIMELINES

1. The Buyer may modify an Order until the Seller dispatches the package. Modifications can be made by phone or by emailing hello@raccooncycles.com.
2. Availability information is displayed next to each product.
3. Order fulfillment time is the sum of the time required for the Seller to dispatch the shipment to the carrier and the carrier’s delivery time to the Customer. This timeframe is specified in individual product descriptions and will not exceed 30 days from the sales agreement date.
4. In exceptional, unforeseeable cases, the fulfillment period may be extended up to 30 days, of which the Buyer will be notified immediately. The Buyer may cancel the Order (withdraw from the agreement) under Section IV terms.
5. Unpaid placed Orders turn into temporary reservations for up to 2 business days. If the customer does not make payment within this period, the order is automatically canceled.
6. Orders containing items with different dispatch times are shipped once all items are assembled. The fulfillment time equals the item with the longest lead time.
7. For payments via bank transfer or credit/debit card, fulfillment begins upon crediting the Seller’s bank account.

IV. RIGHT OF WITHDRAWAL AND ITEM EXCHANGE

1. Pursuant to the Polish Consumer Rights Act of May 30, 2014, a Consumer Buyer has the right to withdraw from a sales agreement without giving any reason within 14 calendar days from delivery. Sending the statement before the deadline suffices.
2. Consumers also have the right to withdraw from electronic services agreements within 14 calendar days from agreement conclusion without providing a reason.
3. Withdrawal is made by submitting a declaration (e.g., using the attached purchase form, scanned, and emailed to hello@raccooncycles.com or mailed with returned goods to VELOPOINT, Ul. Witolda 8B, 35-302 Rzeszów).
4. Declarations must include order number, order date, delivery date, and preferred refund method (bank account number required for wire transfers).
5. Orders paid via mBank payNow are refunded through mBank payNow.
6. Card payment refunds are credited back to the bank account linked to the payment card, or via the same payment method used by the consumer unless explicitly agreed otherwise at no extra cost.
7. Consumers must include proof of purchase (receipt/VAT invoice) or a signed statement explaining its absence sent to the service address.
8. The Seller promptly acknowledges receipt of the withdrawal statement via email.
9. Consumers may withdraw free of charge, except for extra delivery fees from choosing non-standard shipping, direct return shipping costs, or return costs for items unable to be returned via regular mail due to their nature.
10. The right of withdrawal does not apply to statutory exceptions under Art. 38 of the Consumer Rights Act (e.g., fully performed services, custom non-prefabricated goods, perishable items, unsealed hygienic products, inextricably mixed goods, or urgent repair/maintenance visits).
11. Returned items must be dispatched within 14 days of declaration to the Store address.
12. Consumers bear direct return shipping costs and must ensure safe packaging.
13. Consumers are liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
14. Refunds are issued within 14 days of receiving the withdrawal statement. Refunds may be withheld until goods are received back or proof of return shipping is provided.
15. Incomplete documentation (missing receipt/form) allows the Seller to withhold refunds until received. Cash-on-delivery returns are not accepted.
16. Exchanges for another item/model within 14 calendar days are allowed, subject to price difference adjustments and standard return rules.

V. PAYMENT METHODS AND PRICING

1. Available payment methods:
   • Prepayment: traditional bank transfer to account: Pekao 02 1240 1792 1111 0011 4686 3698.
   • Card Payments (processed by Blue Media S.A.): Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
2. Payment method availability (e.g., Cash on Delivery) depends on selected delivery methods.
3. Prepayment must be settled prior to delivery; Cash on Delivery is paid upon receipt.

VI. BICYCLE ORDERS WITH PICKUP AT AUTHORIZED SERVICE POINTS

1. Customers may order bicycles delivered to a selected Partner Service Point. Pickup requires entering into a separate paid assembly agreement with the Service Point based on their service price list.
2. The sales agreement covers bicycle purchase and delivery to the Service Point; assembly service is governed exclusively by the agreement between the Customer and the Service Point.
3. Customers select “Pickup at Point – Ready to Ride Bicycle” in the cart. Delivery to the Service Point is free of charge; assembly fees apply per Service Point rates.
4. Bicycles are assembled within three business days of arrival at the Service Point. Customers are notified via email/phone when ready for pickup and must collect within 7 days.
5. Assemblies strictly follow manufacturer specifications. Additional custom installations must be arranged separately. Cash on Delivery is unavailable for Service Point pickups.
6. Statutory returns must be shipped directly to the Seller’s address (not the Service Point). Warranty claims for product defects go to the Seller; assembly defects go to the Service Point.

VII. DELIVERY TERMS

1. Available delivery options: Courier shipment, InPost Paczkomaty 24/7, or Authorized Service Point Delivery.
2. Buyers should inspect packages upon receipt. Damaged shipments require a formal damage protocol drawn up with the courier/postal worker, photographed if possible, and forwarded to the Seller.
3. Deliveries are restricted exclusively to the territory of the Republic of Poland.

VIII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. Email notifications update Buyers on order status changes.
2. Invoices are provided electronically via a printable link sent within 14 days of delivery (paper copies available upon request).
3. Bicycles are sold as self-assembly, pre-assembled/adjusted, or fully assembled at Service Points. Self-assembly must follow included instructions; professional assembly is recommended.

IX. COMPLAINT PROCEDURE

1. The Seller must deliver defect-free goods and is liable under Civil Code warranty provisions (Art. 556 & 556(1)-556(3)).
2. Complaints can be submitted in writing or via website functionality. Buyers should contact Customer Support to arrange courier pickup at the Seller’s expense. Cash-on-delivery returns are rejected.
3. Claims must include proof of purchase copies, a filled complaint form, exact fault descriptions, and complete original equipment in protective packaging.
4. Business buyers automatically default to manufacturer warranties unless statutory warranty rights are explicitly claimed in writing.
5. Claims are processed within 14 days of receiving the package. Seller warranty liability lasts for 2 years from delivery.

X. PERSONAL DATA PROTECTION

1. Providing personal data is voluntary but necessary for order processing.
2. Buyers hold rights to access, rectify, erase, restrict, object to processing, data portability, and lodge complaints with the President of UODO.
3. Data is processed for order fulfillment, tax compliance, and until statutory limitation periods expire.
4. Detailed data protection rules are set out in the “Privacy Policy” tab.

XI. ELECTRONICALLY PROVIDED SERVICES

1. Services include: access to www.raccooncycles.com, Customer Account functionality, Contact Form, Product Reviews, and page browsing.
2. Customer Account: Optional registration requiring an active email. Allows order tracking, invoice access, newsletter subscription, and address updates. Accounts can be terminated upon email request.
3. Contact Form: Enables contact via phone callback or email response.
4. Product Reviews: Post-purchase feedback forms linked via email.
5. Terms & Termination: Website browsing contracts initiate on display and terminate on exit. Account contracts terminate upon user deletion requests. Terms changes require a 14-day notice via email or pop-up notification.

XII. TECHNICAL REQUIREMENTS

XIII. FINAL PROVISIONS

1. Effective date: May 25, 2018. Governed by Polish law in the Polish language.
2. Disputes are subject to common courts, out-of-court mediation, or consumer arbitrators. EU ODR platform available at http://ec.europa.eu/consumers/odr.

PRIVACY POLICY

• Part I explains terms used in the Policy, contact details, and rights;
• Part II contains detailed information on personal data processing per activity;
• Part III covers Social Media processing;
• Part IV covers Cookies.

I. GENERAL PROVISIONS

§ 1. Controller

1. Data Controller: PRZEMYSŁAW SZOPA, ul. Św. Rocha 99, 35-330 Rzeszów, Poland; tel: +48 575108055; NIP: 8133723575, REGON: 364806110.
2. Contact: Post (ul. Św. Rocha 99, 35-330 Rzeszów), Email (hello@raccooncycles.com), Phone (+48 575108055).

§ 2. Definitions

• “Website” – online store at www.raccooncycles.com;
• “Policy” – this Privacy Policy document;
• “GDPR” – Regulation (EU) 2016/679 (General Data Protection Regulation);
• “Social Media” – Facebook, YouTube, Instagram, and other official profiles.

§ 3. Data Security

§ 4. Your Rights

§ 5. Right to Object

§ 6. Supervisory Authority

§ 7. Publication Location

II. PROCESSING DETAILS BY ACTIVITY

§ 8. Contact (Form, Email, Phone)

• Purpose: Responding to messages and handling inquiries.
• Legal Basis: Art. 6(1)(f) GDPR (Legitimate interest).
• Recipients: Hosting providers, communication tool vendors.
• Retention: Time needed to resolve inquiries plus limitation periods. No transfers outside the EEA.

§ 9. Account Registration

• Purpose: Account contract performance, service delivery, direct marketing, newsletter distribution, and personalized ads.
• Legal Basis: Art. 6(1)(b) GDPR (Contract), Art. 6(1)(f) GDPR (Legitimate interest), and electronic consent statutes.
• Recipients: Pickup points, payment operators, couriers, marketing automation tools, hosting, legal counsel.
• Retention: Duration of account contract plus claim limitation periods / until consent withdrawal or objection.

§ 10. Orders Without Account

• Purpose: Order execution and marketing communications.
• Legal Basis: Art. 6(1)(b) GDPR & Art. 6(1)(f) GDPR.
• Recipients: Couriers, payment gateways, marketing tools, hosting providers.

§ 11. Customer Reviews (Google, Facebook, Website)

• Purpose: Customer satisfaction measurement.
• Legal Basis: Art. 6(1)(f) GDPR.
• Retention: Duration of published review or until objection.

§ 12. Newsletter

• Purpose: Commercial email communications and content interest analysis.
• Legal Basis: Art. 6(1)(b), Art. 6(1)(f) GDPR, and consent laws.

III. SOCIAL MEDIA PROFILES

§ 13. Social Media Interactions

• Purpose: Handling direct messages, post comments, displaying content, marketing, and reviewing aggregated statistics (Meta/Facebook Ireland Ltd, Instagram, Google).
• Legal Basis: Art. 6(1)(f) GDPR.

IV. COOKIES INFORMATION

§ 14. Uses of Cookies

§ 15. Types of Cookies

§ 16 & § 17. Managing Cookies

§ 18. Third-Party Analytics & USA Transfers