Rules

TERMS AND CONDITIONS OF THE ONLINE SHOP

MOTOKEY

www.motokey.pl

 

§ 1 Introductory provisions

1. These terms and conditions define the principles of making purchases in the MOTOKEY Internet Store operated by the Seller at www.motokey.pl.
2. The Seller is IT SERWIS Łukasz Paszek, 8D Podkarpacka Street, 38-400 Krosno, registered under NIP: 684-238-52-68, Regon: 180883310, hereinafter referred to as "Seller".
3. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph in point. 4.
4. The Seller may be contacted by:

  • a. Telephone number of the Seller: +48507821981 (from 8:00 a.m. to 4:00 p.m.).
  • b. By using the e-mail address: sale@motokey.pl; hurt@motokey.pl.
  • c. By correspondence addressed to the postal address: 1 Łąki St., skr. 32, 38-450 Dukla
  • d. Bank account number of the Seller:

Mbank PLN: 28 1140 2004 0000 3602 7804 9968
Mbank EUR: PL60 1140 2004 0000 3712 0399 9703

5. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
6. These Terms and Conditions are addressed to Entrepreneurs using the Store and sets out the rules for the use of the Online Store and the principles and procedures for concluding Distance Sales Agreements with the Customer through the Store.

§ 2 Definitions

1. Regulations - these Regulations. As far as services provided electronically are concerned, these Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of 18 July 2002 on provision of services electronically (Journal of Laws of 2002, No. 144, item 1204, as amended, Polish Law), and the Seller is a service provider within the meaning of this Act. These Terms and Conditions are only addressed to entrepreneurs and do not apply to consumers within the meaning of Article 221 of the Civil Code. 2 of Polish Law.

2. Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business or professional activities on its own behalf. 3) Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing business or professional activities.

3. Customer - Entrepreneur who, under the terms of these Terms and Conditions, places an Order at the Online Store.

4. Seller - an entity providing sales services through the Online Store under the terms of these Regulations.

5. Object of transaction - Goods listed and described on the website of the Online Store.

6. Goods - movable item presented in the Internet Shop, to which the Sales Agreement applies.

7. Account - Customer's account in the Store, in which data provided by the Customer and information about Orders placed by him/her in the Store are collected.

8. Registration form - a form available in the Store which enables the creation of an Account.

9. Order form - interactive form available in the Store which allows for placing an Order, in particular by adding Products to the Basket and defining terms of the Sales Agreement, including manner of delivery and payment.

10. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order data, in particular the quantity of products.

11. Sales Agreement - a contract of sale of Goods within the meaning of the Civil Code of Polish Law, concluded between the Seller and the Customer, using the website of the Store.

12. Distance contract - a contract concluded with the Customer within an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

13. Online Shop (also referred to as: the Shop) - the website available at www.motokey.pl through which the Customer may place an Order.

14. Order - Customer's declaration of intent specifying unambiguously the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.

15. Information and communication system - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks by means of an appropriate terminal device for a given type of network.

§ 3 General principles

1.  These Regulations set out the principles for the use of the Online shop available at www.motokey.pl.

2. The Online shop may be used only by Entrepreneurs - natural persons, operating in an industry that is substantially related to the profile of the Shop.

3. To the fullest extent permitted by Polish law, the Seller is not responsible for disruptions, including interruption to the operation of the Shop caused by force majeure, unauthorised action of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

4. Browsing the range of products in the Store does not require creating an Account.

5. Placing orders by the Customer for products in the Shop's range of products is possible after creating an Account in accordance with the provisions of § 4 of the Regulations.

6.  Placing an Order in the Online Store by the Customer shall be conditional on reading the these Rules and accepting its provisions before placing an Order.

7. The MOTOKEY Online Shop conducts wholesale via the Internet.

8.  All Goods offered at the MOTOKEY Online Store are originally packaged, free from legal defects and have been legally introduced to the Polish market.

9. As part of the technical requirements necessary to cooperate with the IT system used by the Seller to make purchases, the Customer should have an active e-mail account and a device connected to the Internet.

a. up-to-date version of any web browser.
b. an active electronic mail (e-mail) account,
c. cookies are enabled,

10. It is forbidden for the Customer to provide content that is prohibited by applicable Polish and international law, in particular content that is defamatory or infringes personal rights and other rights of third parties, pornographic content, content associated with the promotion of violence and hatred, drastic content, as well as content generally regarded as offensive, morally reprehensible, socially inappropriate, offending religious feelings, violating copyright or the rights of others.

11. The Online Shop is available in the following language versions:

  • Polish
  • English
  • Ukrainian
  • German

§ 4 Creating an Account in the Store

1. In order to set up an Account in the Store, it is necessary to send completed Registration Form, available in Online Store www.motokey.pl . It is necessary to provide the following data:

a. Company name or first and last name of the Customer;
b. Street and apartment number;
c. Postal code, town and country;
d. Tax Identification Number (NIP);
e. Telephone number;
f. Electronic mail address (e-mail), which is also the Customer's login.

2.  After the data is accepted by the Seller and entered into Motokey's ICT system, an e-mail will be sent to the e-mail address provided by the Customer confirming the creation of a Customer Account in the Store.

3. The creation of an Account in the Shop is free of charge.

4. The Customer shall ensure that the data provided by him/her is correct.

5. Logging into the Account shall take place by providing the login and password established during the registration process.

6. The Customer may at any time, without giving any reason and without incurring any fees for this, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 1.

7. Account will be activated after verification and approval of the shop administrator.

8. The shop is intended exclusively for key fusion and encryption companies, locksmith companies and all other companies in the related industry.

9. In the event that a user, after activation of the account, does not place orders at least once a month, the shop administrator reserves the right to delete such an account.

§ 5 Placing orders

1. All prices shown on the web pages of the Motokey shop at www.motokey.pl are gross prices in Polish zloty and include VAT. The prices given do not include shipping costs.

2. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Shop when placing an Order, including when expressing the wish to be bound by the Sales Contract.

3. Orders are accepted through the website.

4. Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year.

5. To place an Order it is necessary to:

a. Log in to the Shop;
b. Select the Goods which are the subject of the Order and then click the "Add to basket" button,
c. Enter and confirm the data for shipment of the purchased Goods, and then click the "Next" button;
d. Select the delivery method of the purchased Goods, and then click the "Next" button,
e. Click the button "Confirm purchase with obligation to pay",
f. Pay for the order within the specified time.

6. The order is effective if the Customer correctly fills in the order form and correctly provides contact details, including the exact address to which the Goods are to be sent and telephone number and e-mail address.

7. In the event that the data provided is not complete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller has the right to cancel the Order.

8. The Customer, in the process of placing the order, may express the wish to receive a VAT invoice, which may be attached to the shipment or sent electronically, to the indicated e-mail address in the form of an electronic image of billing documents, in particular such as:

a. VAT invoices with attachments,

b. Corrective VAT invoices with annexes and forms.

This consent also authorises the Seller to issue and send VAT invoices in electronic form in accordance with the Act of 11 March 2004 on Value Added Tax (Journal of Laws of 2011, No. 177, Item 1054, as amended – in accordance to Polish law). 9.

9. When placing an Order, the Customer consents to the processing of personal data in connection with the fulfilment of the Order, pursuant to the principles specified in § 11 of the Terms and Conditions.

10. The Customer may use the option of storing his/her data by the system in order to facilitate the process of placing another Order. For this purpose, the Customer should provide the login and password necessary to access his/her account. The Customer's login is the e-mail address provided by the Customer. The password is a string of characters set by the Customer. The Customer's password shall not be known to the Seller and the Customer is obliged to keep it secret and protect it from unauthorised access by third parties.

11. After the Customer has successfully placed an Order, the Customer will receive an automatic response from the Store confirming receipt of the Order.

§ 6 Product delivery time

The Product delivery term consists of the time for completion of the Product and the time for delivery of the Product by the carrier:

1. The time for completion of the Products is one working day from the moment of acceptance of the Order for processing by the Seller.

2. The delivery of the Products being movable items by the carrier takes place within the time declared by the carrier, i.e. from one to two working days from the moment of sending the parcel (the delivery takes place only on working days, excluding Saturdays, Sundays and holidays).

§ 7 Ways of collecting the Goods

1. The Customer may receive the purchased Goods by delivery to the address indicated by the Customer via the carrier indicated by the Customer in the delivery form;

2. Within the territory of the Republic of Poland, as well as outside its borders, the delivery is carried out through a courier company or other transport company proposed to the Client by the Seller.

§ 8 Costs and date of shipment

1. Goods are dispatched to the address indicated in the Order Form or given by telephone or e-mail, taking into account the principles contained in § 6 of these Regulations.

2. The Shop will inform the Customer immediately if the Order Form is incorrectly filled in, which prevents or delays shipment.

3. The shipment is delivered in accordance with the date specified for each Goods on the pages of the pages of the website. This is an approximate delivery time. The time indicated on the website should be time of crediting the funds to the Store's bank account should be added to the time given on the website (usually 1-2 working days).

4. The customer is charged for delivery (shipping).

5. The cost of delivery is fixed, regardless of the weight and dimensions of the package or pallet.

§ 9 Payments

1. A proof of purchase shall be issued for each Goods sold.

2 The Customer may use the following payment methods:

a. Payment on delivery
b. Payment by bank transfer to the Seller's account
c. Electronic payment
d. Payment by credit card.

§ 10 Conclusion and performance of the Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order at the Online Store in accordance with § 5 of the Terms and Conditions.

2.  After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment, in accordance with § 5.12 above.

3. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for execution. Upon receipt by the Customer of the above-mentioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3. In the event that the Customer chooses:

a. Payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment immediately - otherwise the order will be cancelled.
b. Cash on delivery, the Customer is obliged to make payment on delivery.
c. Payment in cash on delivery, the Customer is obliged to make payment on delivery immediately.

4. When ordering Products with different delivery dates, the delivery date is the longest date given.

5. The start of the delivery period for the Product to the Customer is calculated as follows:

a. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date the Seller's bank account is credited.

b. In case the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,

6. Delivery of the Product takes place on the territory of Poland, Europe and other countries indicated, located outside Europe,

7. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop under "Delivery Costs" and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

8. Personal collection of the Product by the Customer is not possible.

§ 11 Complaint procedure

1. The Sales Agreement covers new Goods.

2. The Seller is obliged to provide the Customer with the Goods free from defects.

3. The Products have a manufacturer's, importer's or seller's guarantee valid in Poland.

4. In case of defects of the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code of Polish Law.

5. The complaint should be submitted in writing or electronically to the Seller's addresses specified in these Terms and Conditions, specified in § 1 hereof.

6. It is recommended that the complaint should include, inter alia, a brief description of the defect, the circumstances (including date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.

7. When making a complaint, the Customer should provide the Seller with the advertised product together with proof of purchase and completed complaint form via Email specified in § 1 hereof.

8. Goods returned under the complaint procedure should be sent to the address specified in § 1 of these Regulations.

9. The Seller shall consider the complaint within 14 days from the date of complaint. In the case of considering the complaint in favour of the Customer, the Seller shall repair or replace the Goods complained about with new, full-value ones or refund the value of the purchased Goods. 13.

10. The Customer loses his/her warranty rights if he/she failed to examine the Goods at the time and in the manner acceptable for such Goods and failed to notify the Seller about the defect immediately, and if the defect became apparent only later - if he/she failed to notify the Seller immediately after discovering the defect. Sending notice of the defect before the expiry of the aforementioned time limit shall be sufficient to meet the deadline.

§ 12 Privacy policy and personal data protection

1. The administrator of the personal data provided by the Customers of the Online Shop within the meaning of the Act of 29 August 1997 on the protection of personal data (i.e. Journal of Laws of 2016, item 922 as amended of Polish law) is the Seller.

2. The Seller shall be entitled to process (including collecting, recording, storing and using) the Customer's personal data for the following purposes:

a. Providing Customer service, including setting up and managing a Customer Account;
b. Processing of the Order, conclusion and execution of the Sales Agreement;
c. Contacting the Customer, through the available communication channels, including for the purposes related to the execution of the Sales Agreement, Customer service;
d. Handling complaints;
e. For marketing purposes - in the event of the Customer's consent.

3. Data is provided voluntarily.

4. In particular, the Seller may process the following personal data:

a. Name and surname;

b. Business name;

c. Residence/site address or correspondence address;

d. telephone number;

e. electronic mail address (e-mail).

5. Customers have the right to access and correct their data.

6. Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude a Sales Agreement.

7. Personal data is processed for the purpose of Sales Agreement implementation, and therefore may be transferred to entities responsible for delivery of purchased Goods to the Customer.

8. Recipients of personal data of the Customers of the Internet Shop may be:

a. in the case of a Customer who uses the Internet Shop's delivery method by mail or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator;

b. in case of a Customer who uses electronic or credit card payment method in the Internet Shop, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the aforementioned payments in the Internet Shop.

9. Information on methods and technical means used to detect and correct errors in data input:

a. during the placement of the Order, until the moment of pressing the "Place Order" button, Customers who have an Account in the Internet Shop have the possibility of self-correcting the entered data by editing their Account profile;

b. it is also possible to verify the data or correct the Order by sending an e-mail to the Seller at sale@motokey.pl;

c. the customer may change the data entered during Account creation at any time within the options provided.

10. Information on the principles and methods of recording, securing and making available by the Seller to the other party the content of the concluded contract:

a. Recording, protecting and making available the content of the concluded Sales Agreement shall take place by sending the Customer an appropriate e-mail message, pursuant to § 9 section 3 of these Terms and Conditions.

b. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by sending the content of the concluded Sales Agreement to the provided e-mail address or by providing the Customer with the Order specification and the proof of purchase.

c. The content of the concluded Sales Agreement is additionally recorded and secured in the Seller's ICT system and made available at each request of the Customer.

§ 13 Cookie Policy

(1) "Cookies" shall mean IT data stored on the users' terminal equipment for the use of websites. In particular, these are text files containing the name of the website from which they originate, the time of their storage on the end device and a unique number.

2. The shop does not collect any information by automatic means, except for the information contained in cookies.

3. The "cookies" files are intended for the use of the Shop website located at www.motokey.pl. The Operator uses these files for:

a. The ability to log in and maintain the user's session on each subsequent page of the website.
b. To adapt the content of the website to the user's individual preferences, primarily these files recognise the user's device in order to display the site according to his preferences.
c. To create anonymous statistics excluding the possibility of identifying the user.

4. Cookies used by partners of the website operator, including in particular website users, are subject to their own privacy policy.

5. for the sake of the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent data from being made available to unauthorised persons. We monitor their implementation and continuously check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on the Provision of Electronic Services, as well as all kinds of implementing acts and Community legislation.

6. By default, web browsing software allows cookies to be placed on the Customer's terminal equipment. These settings can be changed by the Customer in such a way as to block the automatic handling of "cookies" in the settings of the web browser or inform about their transmission to the Customer's device each time.

7. Store users may change their cookie settings at any time. Detailed information on the possibility and methods of handling cookies is available in the settings of your software (web browser). Examples of editing options in popular browsers:

a. Mozilla Firefox:www.support.mozilla.org/pl/kb/ciasteczka
b. Internet Explorer:www.support.microsoft.com/kb/278835/pl
c. Google Chrome:www.support.google.com/chrome/bin/answer.py?hl=pl&answer=95647

(8) The Operator of the Store informs that changes in the settings of the Customer's Internet browser may prevent the proper operation of the websites.

§ 14 Change of Terms and Conditions

1. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes to the law, changes to methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.

2. Customers who have an account with the Store will be informed of changes to the Terms and Conditions via e-mail correspondence, 7 working days before the changes to the Terms and Conditions come into effect.

3. When logging into the Store for the first time - after the changes to the Terms and Conditions have come into effect - the Customer will receive a message confirming that the changes to the Terms and Conditions have taken place and will be asked to accept the new content of the Terms and Conditions. If the Customer does not accept the changes to the Terms and Conditions, shopping at the Online Store will not be possible, and after 14 days from the date of refusal to accept the changes to the Terms and Conditions or after 14 days from the date of completion of the last order placed before the changes to the Terms and Conditions came into effect in the case of orders in progress, the Seller will be entitled to delete the Customer's Account at the Store.

4. Notwithstanding the wording of paragraph 3 above, a Customer who does not accept the changes introduced in the Terms and Conditions is entitled to delete the Account at any time.

5. Orders placed by Customers prior to the entry into force of changes to the Terms and Conditions shall be fulfilled in accordance with the previous provisions of the Terms and Conditions.

§ 15 Product complaints

1. Warranty claims.

1.  All Products offered in the Shop carry a manufacturer's guarantee valid in the Republic of Poland.

2. The warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer.

3. The document entitling to guarantee protection is the proof of purchase.

4. Notification of defects in the Product and the corresponding request can be made by e-mail to: hurt@motokey.pl or in writing to the address: ul. Podkarpacka 8D, 38-400 Krosno.

5. In the above-mentioned e-mail message, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type, date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller.

6. for the assessment of physical defects of the Product, it should be delivered to the address: 8D Podkarpacjka Street, 38-400 Krosno.

7. The response to the complaint is sent to the e-mail address provided by the Customer or in any other way indicated by the Customer.

8. The Seller shall respond to the request immediately, no later than within 14 days of receipt of the complaint by the Seller.

§ 16 Right of withdrawal

  1. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of order delivery. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
  2. Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party to the contract fails to perform its obligation within a strictly specified period.
  3. Notification of the return should be made by notifying the Seller of the return to the e-mail address: hurt@motokey.pl
    1. With attaching the order number or proof of purchase in the form of an invoice or receipt to the message. The transmission of an e-mail confirmation of the order, sent automatically by our service, during the purchase is also respected.
    2. Indicate the item(s) of the order to be returned or selected items to be returned.
  4. Please address the parcel with the indicated and returned goods to: IT Serwis Łukasz Paszek, 8D Podkarpacka Street, 38-400 Krosno.
  5. It is recommended to return the goods using the same means of transport used to deliver them to the Customer. However, it is up to the returning customer to prepare the goods properly for transport.
  6. The return shall be sent within 14 calendar days from the receipt of the returned goods at the Seller's warehouse - taking into account the condition of the returned item. 
  7. The method of the return is made by default to the same account from which the payment was made, except when the Customer specifies otherwise when submitting the information about the return of the goods in point. 3, - i.e. agreed individually.
  8. We stipulate that a product that is damaged and bears clear signs of use may not be eligible for return, as this may disqualify it for re-circulation as new, unused. If the condition of the product has been affected, we reserve the right to inform the customer with the continuity of the correspondence. The matter will then be resolved individually between the seller and the returning customer by e-mail or telephone.

§ 17 Final provisions

1. Contracts concluded through the Online Store are concluded in Polish or English, depending on the language version selected by the Customer during registration.

2. In matters not covered by these Terms and Conditions, the provisions of the Act of 23 April 1964 shall apply. - Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).

3. Any disputes arising from the application of these Regulations and in connection with the performance of contracts concluded between the Store and Customers shall be considered by the Court having jurisdiction under the provisions of the material and local jurisdiction in accordance with the Act of 17.11.1964 Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

4. The Rules and Regulations shall come into force upon their publication on the website of the Seller's Store at: www.motokey.pl.

5. Date of publication of the Rules: 07 March 2023.