TERMS AND CONDITIONS OF THE ONLINE SHOP
WWW.HELIOSMOTOTRAILERS.COM
1. GENERAL PROVISIONS
1.1. The online shop at www.heliosmototrailers.com is operated by HMT-Helios Moto Trailers
e.K. with its registered office in Bexbach/Frankenholz 66450, Banatstr 47, NIP: DE 303985114.
1.2. The terms used in these Regulations shall mean:
• HMT – HMT-Helios Moto Trailers e.K.
• Seller – HMT-Helios Moto Trailers e.K.
• Customer – a natural person, a legal person or an organisational unit without legal personality who intends to place an order, or who has placed an order, indicated in the order and in the VAT invoice
• Online shop, Shop, Service – the online shop operated by HMT-Helios Moto Trailers e.K., at www.heliosmototrailers.com,
• User – user of www.heliosmototrailers.com Service,
• Contract – the contract for the sale of Products concluded between the Customer and HMT-Helios Moto Trailers e.K.,
• Order – an order for the purchase of a specific Product placed by a Customer using theorder form available on the website of the Online Shop,
• Product – trailers and accessories offered for sale by the Seller in the Online Shop,
• Working days – all days of the week from Monday to Friday, excluding public holidays.
1.3. With regard to services provided by electronic means, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2019, item 123 as amended). The Customer is obliged to read and comply with all provisions of these Regulations. The Customer must first accept the provisions of these Terms and Conditions in order to place an Order.
2. PLACING ORDERS
2.1. In order to use the Online Shop, the Customer should meet the following technical requirements necessary for the cooperation with the Seller’s ICT system:
• have a personal computer (PC) or other electronic device with web browsing software and which accepts cookies,
• have active access to the Internet,
• having an electronic mail (e-mail) account.
2.2. When placing an order for a specific Product, the Customer completes and sends an order form, via the Online Shop.
2.3. The customer is obliged to provide factually correct and up-to-date data, whereby the seller is entitled to verify the data provided by the customer and if the customer provides false or out-of-date data, the order will not be accepted by the seller for execution.
2.4. The customer is prohibited from providing unlawful content.
2.5. The Customer may place Orders 24 hours a day, on all days of the week, not excluding public holidays.
2.6. In the order form, the customer specifies:
• the Product ordered and its quantity,
• billing address,
• the address to which the Product is to be delivered,
• method of delivery,
• form of payment.
2.7. The Ordering procedure ends when the Customer activates the link hidden under the “Buy and pay” box.
2.8. The Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer when placing the order. As soon as the Customer receives the confirmation of the Order execution, the contract of sale of the ordered Products is concluded.
2.9. The customer has the right to cancel the Order until receipt of the Seller’s confirmation of acceptance of the Order for processing, without incurring any costs.
3. PRICES
3.1. The prices of the Products listed on the Online Shop are in Euros and include VAT. These prices do not include delivery costs.
3.2. HMT has the right to make changes to the prices of Products, to introduce new Products and to withdraw Products in its offer, as well as to introduce and cancel promotional actions and sales.
3.3. Any change in the price of a particular Product, promotion or sale after the Order has been placed shall not affect the previously placed Order, subject to the price of the Products referred to above in point. 1 of the Regulations
3.4. The Seller has the possibility to issue discount codes for selected Products. The Seller shall inform which Products or which categories of Products the discount code applies to.
4. PRODUCT DELIVERY AND LEAD TIMES
4.1. The costs of delivery of the Product to the address indicated in the Order shall be borne by the Customer.
4.2. The lead time for the Order is indicated for each Product individually in the Online Shop.
4.3. Each Order is accompanied by a receipt or VAT invoice specifying the selling price of the Product and the shipping cost.
5. METHODS OF PAYMENT
5.1. The forms of payment for the ordered Products are:
• bank transfer,
• payment through the electronic payment system – credit card and mobile payment transactions are settled.
5.2. If the Customer fails to pay (i.e. credit the Seller’s bank account) for the Products ordered by the Customer within 3 working days from the date the Seller sends the Customer a confirmation of acceptance of the Order for processing, the Order will be cancelled by the Seller.
6. WARRANTY CONDITIONS
6.1. The Seller has included detailed warranty terms in the Product description available on the Website www.heliosmototrailers.com.
6.2. At the same time, the Seller stipulates that the Consumer wishing to make a claim under the guarantee is obliged to deliver the Product to the Seller together with the proof of conclusion of the purchase agreement.
7. CUSTOMER’S RIGHT OF WITHDRAWAL
7.1. The Customer has the right, without giving any reason, to withdraw from a contract concluded through the Online Shop by making a declaration to that effect. The deadline for withdrawal from this contract expires within 14 days from the day the Customer came into possession of the Product. In order to exercise this right, the Customer shall send a declaration of withdrawal to the e-mail address: info@heliosmototrailers.com.
7.2. In the case of withdrawal from the contract, the Seller shall return to the Customer all payments received from the Customer, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the Customer’s decision to exercise the right of withdrawal. The Seller will refund the payment using the same means of payment that were used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution. In any event, the Customer will not incur any charges in connection with this return.
7.3. The Seller may withhold the refund until the Product is received. The Product should be returned by courier or in person to the address indicated by the Seller.
7.4. In the case of withdrawal, the consumer shall bear the direct costs of returning the Product(s) to the Seller. Accordingly, the Seller will not collect the Product(s) sent by the Customer on receipt of these costs.
7.5. The Customer shall be liable for any diminution in the value of the Product resulting from the use of the Product other than that which was necessary to establish the nature, characteristics and functioning of the Product.
8. NON-CONFORMITY OF THE PURCHASED PRODUCT WITH THE CONTRACT
8.1. The Seller is obliged to provide the Customer with a defect-free Product and is therefore liable to the Customer if the Product has a physical defect or a legal defect.
8.2. The complaint should be submitted electronically and delivered to the e-mail address: info@heliosmototrailers.com.
8.3. The complaint will be dealt with by the Seller within 14 days from the date of delivery of the complaint.
8.4. If the complaint is resolved in favour of the Customer, the Seller shall repair or replace the Product complained of with a new full-value Product or refund the value of the Product purchased.
9. PERSONAL DATA
9.1. The controller of your personal data will be HMT-Helios Moto Trailers e.K., contact for data protection matters at: info@heliosmototrailers.com. You will find detailed information about the processing of your personal data in the Privacy Policy. Up-to-date information on the function and purpose of the software or data not included in the content of the Service, which is entered into the ICT system used by the service user (Cookies), is contained in the Cookies Policy. The Privacy Policy and the Cookies Policy are available on the website www.heliosmototrailers.com.
10. FINAL PROVISIONS
10.1. In matters not regulated in these Terms and Conditions, generally applicable provisions shall apply, including in particular the Civil Code (i.e. Journal of Laws of 2019, item 1145 as amended), the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2019, item 124 as amended) and the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2019, item 123 as amended).
10.2. Alternative dispute resolution: in accordance with the provisions of the European Commission, every Consumer making an online purchase has the possibility to use the platform provided by the European Commission for out-of-court dispute resolution. This platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
10.3. The Seller shall not be liable for transactions carried out by unauthorised third parties who have gained unauthorised access to the Customer’s account.
10.4. The Seller reserves the right to amend these Terms and Conditions at any time. If the Terms and Conditions are changed, Orders placed before the date of the change will be fulfilled on the basis of the rules in force before the change.