Change to the Terms and Conditions – Points 25 to 30 have been added and Point 23 has been removed in the Account Terms and Conditions under § 4 – August 6, 2025.

Terms and Conditions Update – A provision has been added regarding the possibility of replacing a part with an equivalent substitute in the event of an accepted complaint, if the original part is no longer available. June 15, 2025

Terms and Conditions Update – New items have been added to the list of products excluded from discounts. March 25, 2025

Terms and Conditions Update – Adjustments made in line with new regulations. March 19, 2025

We inform you that our Terms and Conditions have been updated in connection with changes to the rules regarding the ODR (Online Dispute Resolution) platform.

Terms and Conditions of the RMD Bike Shop Online Store

This document outlines the terms under which contracts are concluded in the Store. It also provides important information about the Seller, the Store, and the rights of Consumers.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
Appendix 1: Template Withdrawal Form

§ 1 DEFINITIONS

Business Days – Monday through Friday, excluding public holidays in Poland.
Consumer – A Buyer who is a natural person purchasing in the Store or taking steps to make a purchase, without direct relation to their business or professional activity.
Account – A digital service governed by a separate regulation under the Consumer Rights Act, allowing the Buyer to use additional features of the Store free of charge.
Buyer – Any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – A Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – A Buyer who is a natural person entering into or intending to enter into a contract with the Seller under the Terms and Conditions, directly related to their business activity but not of a professional nature for them.
Terms and Conditions – These terms and conditions.
Store – The RMD Bike Shop online store operated by the Seller at https://www.rmdbike.com.
Seller –ARM Robert Maczyński sp. z o.o. (LLC, Poland), based at Usługowa 17, 15-521 Zaścianki, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number 0001037907, NIP 9662177937, REGON 525401758, share capital: PLN 500,000.00; BDO registration number: 000059138.
Digital Content – Data created and delivered in digital form.
Consumer Rights Act – The Polish Act of 30 May 2014 on Consumer Rights.

The provisions of the Terms and Conditions concerning products apply to both tangible goods and Digital Content.

§ 2 CONTACT DETAILS

1. Postal address: Usługowa 17, 15-521 Zaścianki
2. E-mail address: [email protected]
3. Phone number: +48 535 590 590
4. Return address (for withdrawal from the contract): Usługowa 17, 15-521 Zaścianki
5. Address for returning defective goods (complaints): Usługowa 17, 15-521 Zaścianki
6. The cost of a phone call or data transmission made by the Buyer depends on the basic rate of the telecommunications or internet service provider used by the Buyer. Please note that the cost of international calls or data transmission may be higher than domestic ones, depending on the rates set by the relevant provider.

§ 3 TECHNICAL REQUIREMENTS

1. To use the Shop properly, the following are required:
   • a device with Internet access,
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Shop, in addition to the above, an active e-mail account is required.

§ 4 PURCHASES IN THE SHOP

1. The prices of products displayed in the Shop are total prices for the product.
2. Please note that the total order price consists of the product price and, if applicable, the shipping costs specified in the Shop.
3. To purchase a selected product, it must be added to the shopping cart.
4. The Buyer then selects the method of delivery and payment from the available options in the Shop and provides the information necessary to complete the order.
5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
6. Placing an order by the Buyer does not constitute the conclusion of a sales contract.
7. The sales contract is concluded when the Buyer receives an email from the Seller confirming the acceptance of the order for processing.
8. The Seller reserves the right to cancel the order in the event of an error resulting in a grossly underestimated price, i.e. a price that does not cover the purchase cost and the justified expenses incurred by the Seller in connection with the acquisition and sale of the product.
9. If the order is canceled, the Seller will promptly refund all payments made by the Buyer.
10. The Buyer may register in the Shop, i.e. create an Account, or make purchases without registration by providing their data with each order.
11. Discount coupons – the Buyer may use discount coupons under the following conditions:
    1. Discount coupons do not apply to products from the following brands:
       • Dartmoor
       • NS Bikes
       • RMD Bike Co.
       • RMD Bike Shop
       • SUPER SOCO
       • Selected Mafiabikes products
    2. Received coupons are valid for a specified period indicated in the email message, on-page popup, from cooperating third parties, or in the conditions of the given promotional campaign.
    3. Coupons may be combined with other discounts, promotions, and clearance sales unless stated otherwise in the rules of the given promotion.
    4. The Organizer reserves the right to change the rules for issuing coupons and their conditions without prior notice.

§ 5 PAYMENTS

1. The following payment methods are available in the Shop:
   1. regular bank transfer to the Seller’s bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via payment platforms:
      • Płatności Shoper
      • eCard
      • dotpay
      • PayPal
      • PayU
      • Przelewy24
      • TPay.com
      • Sofort
      • PayPo
      • Google Pay
      • Apple Pay
   4. cash on delivery – by card or cash upon delivery to the Buyer;
   5. by card or cash when collecting the goods in person.
2. If the Buyer selects the Płatności Shoper platform, the entity providing online payment services is Autopay S.A.
3. If the Buyer chooses to pay in advance, the payment must be made within 3 Business Days from placing the order.
4. By making a purchase in the Shop, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILLMENT

1. The order processing time is indicated in the Shop.
2. If the Buyer has selected prepayment, the Seller will begin processing the order once payment is received.
3. If the Buyer purchases products with different delivery times within one order, the order will be fulfilled according to the longest indicated delivery time.
4. Countries to which delivery is available:
   • Poland
   • Germany
   • Lithuania
   • Czech Republic
   • Austria
   • Russia
   • France
   • Belgium
   • Latvia
   • Estonia
   • Ukraine
   • Italy
   • Spain
   • Netherlands
   • Slovakia
   • Hungary
   • Switzerland
   • Slovenia
   • Croatia
5. The following delivery methods are available in the Shop:
   1. via courier service;
   2. via Poczta Polska (Polish Post);
   3. via ORLEN Paczka;
   4. to InPost parcel lockers;
   5. electronically, to the email address provided by the Buyer when placing the order – in the case of Digital Content.
6. The Buyer may collect the goods in person at the company’s registered office during its business hours.
7. If the Buyer chooses personal pickup, the goods will be ready for collection within the indicated order processing time.

§ 7 RIGHT OF WITHDRAWAL

1. The privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Shop, subject to § 8 of the Terms and Conditions, within 365 days without giving any reason. Returned goods must be unused and in their original condition.
2. The withdrawal period expires after 365 days from:
   1. the day the privileged Buyer or a third party other than the carrier and indicated by the privileged Buyer acquires physical possession of the goods;
   2. the day the privileged Buyer or a third party other than the carrier and indicated by the privileged Buyer acquires physical possession of the last good, batch, or part – in the case of a contract for multiple goods delivered separately, in batches, or in parts;
   3. the day the contract is concluded – in the case of digital content delivery.
3. To exercise the right of withdrawal, the privileged Buyer must inform the Seller, using the contact details provided in § 2, of their decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or email).
4. The privileged Buyer may use the model withdrawal form included at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the privileged Buyer to send information regarding the exercise of the right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL

1. If the Buyer withdraws from the contract, the Seller shall reimburse all payments received from the Buyer, including the costs of delivery (except for additional costs resulting from the Buyer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and in any event no later than 14 days from the day the Seller was informed of the Buyer’s decision to withdraw from the contract.
2. The refund shall be made using the same payment method that the privileged Buyer used in the original transaction, unless the Buyer has expressly agreed otherwise; in any case, the Buyer shall not incur any fees as a result of the refund.
3. If the Seller has not offered to collect the goods from the privileged Buyer, the Seller may withhold the refund until it has received the goods back or until the Buyer has supplied evidence of having sent back the goods, whichever occurs earlier.
4. The Seller requests that the goods be returned to the following address: Usługowa 17, 15-521 Zaścianki, without undue delay and in any event no later than 14 days from the day the Buyer communicated the withdrawal from the contract. The deadline is met if the goods are sent back before the 14-day period has expired.
5. The privileged Buyer bears the direct cost of returning the goods.
6. The Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7. If the goods, due to their nature, cannot be returned by regular postal means, the Buyer will also bear the direct cost of returning them. An estimate of these costs will be provided by the Seller in the product description or during the ordering process.
8. If a refund is required for a transaction made by the privileged Buyer using a payment card, the Seller will make the refund to the bank account linked to that card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply to contracts:
   1. for the supply of non-prefabricated goods made to the privileged Buyer’s specifications or clearly personalized. This includes scooters and bicycles assembled at the customer’s request (the assembly fee is non-refundable), handlebars cut to custom length (the cutting fee is also non-refundable);
   2. for the supply of goods which are liable to deteriorate or expire rapidly;
   3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
   4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
   5. for the supply of sealed audio or video recordings or computer software which were unsealed after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control and which may occur before the withdrawal period expires;
   8. for the supply of Digital Content for which the privileged Buyer is obliged to pay the price, if all of the following conditions are met:
      • the Seller began performance with the prior express consent of the privileged Buyer;
      • the privileged Buyer was informed before the performance began that they would lose the right to withdraw after the performance is completed, and acknowledged this;
      • the Seller provided the privileged Buyer with confirmation of the contract concluded at a distance, including the information on the above consent, on a durable medium within a reasonable time after the conclusion of the contract, and no later than before the start of the performance.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the privileged Buyer for conformity of the performance with the contract, as provided by applicable law, in particular by the Consumer Rights Act.
2. The Seller requests that complaints (including those concerning the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If a product is covered by a warranty, information about it and its terms is available in the Store.
4. The Seller will respond to a complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any lack of conformity of the goods existing at the time of delivery and revealed within two years of that time, unless a longer usability period has been specified by the Seller, its legal predecessors, or parties acting on their behalf.
   3. Under the Consumer Rights Act, in the event of non-conformity, the privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the privileged Buyer may submit a statement:
      1. to reduce the price,
      2. to withdraw from the contract
      in situations where:
      • the Seller has refused to bring the goods into conformity as per Article 43d(2) of the Consumer Rights Act;
      • the Seller has not brought the goods into conformity as per Article 43d(4–6);
      • the lack of conformity persists despite attempts to restore it;
      • the lack of conformity is substantial enough to justify a price reduction or withdrawal without prior attempts to remedy the issue;
      • it is clear from the Seller's statement or circumstances that conformity will not be restored within a reasonable time or without significant inconvenience to the privileged Buyer.
   5. In the case of goods subject to repair or replacement, the privileged Buyer shall make them available to the Seller. The Seller will collect them at its own expense.
   6. The privileged Buyer may not withdraw from the contract if the lack of conformity is insignificant.
   7. In case of withdrawal, the privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense to: Usługowa 17, 15-521 Zaścianki. The Seller will refund the price promptly and no later than 14 days after receiving the goods or proof of return.
   8. The Seller will also refund amounts due following a price reduction promptly, and no later than 14 days from receiving the Buyer’s price reduction statement.
   9. Exchange under warranty/complaint:
      • If a complaint is accepted but it is not possible to deliver an identical part (e.g. due to production being discontinued), the manufacturer or seller reserves the right to provide a part with equivalent technical and functional properties.
      • A replacement may differ in appearance (e.g. color or design details), but its functionality, quality, and intended use will remain unchanged. Such replacement is compliant with applicable warranty or statutory liability provisions.
      • The seller or manufacturer also reserves the right to modify the technical specification due to technological advancement, component supplier changes, or structural optimization. These changes will not negatively affect the product’s quality, functionality, or conformity.
      • If there are any doubts about the proposed replacement or updated specification, the customer may contact us for clarification or propose an alternative solution, in accordance with the Consumer Rights Act and Civil Code.
2. Digital Content
   1. In case of improper performance of a contract for the supply of digital content, the privileged Buyer may exercise the rights defined in Chapter 5b of the Consumer Rights Act.
   2. If the Seller fails to deliver the digital content, the privileged Buyer may demand delivery. If the Seller still fails to do so, the Buyer may withdraw from the contract.
   3. The privileged Buyer may withdraw from the contract without such a demand if:
      • it is clear from the Seller’s statement or circumstances that the digital content will not be delivered, or
      • the delivery date was essential and the Seller failed to meet it.
   4. The Seller is liable for any non-conformity that existed at the time of delivery and appeared within two years thereafter.
   5. If the digital content is non-conforming, the Buyer may demand that it be brought into conformity.
   6. To assess whether the non-conformity is due to the digital environment, the privileged Buyer must reasonably cooperate with the Seller using the least burdensome technical means.
   7. If digital content is non-conforming, the Buyer may declare:
      1. price reduction,
      2. withdrawal from the contract
      if:
      • bringing the content into conformity is impossible or unreasonably costly (Art. 43m(2–3));
      • the Seller did not restore conformity within a reasonable time after being notified;
      • the lack of conformity persists despite attempts to resolve it;
      • the non-conformity is significant enough to justify termination without prior remedy attempts;
      • the Seller made it clear that the issue won’t be resolved in time or without significant inconvenience.
   8. The Buyer may not withdraw if the digital content was paid and the non-conformity is minor.
   9. The Seller is obliged to refund the amount paid due to withdrawal or price reduction promptly, no later than 14 days from receipt of the relevant declaration.
   10. Refunds are made using the same method of payment used by the Buyer, unless another method was expressly agreed without cost to the Buyer.
3. Out-of-court complaint handling and redress
   1. The Seller informs the Consumer about the possibility of using out-of-court means of handling complaints and redress. Information about these procedures is available at the premises or on the websites of authorized entities. These include:
      • the European Consumer Centres Network, which provides advice and cross-border dispute resolution. Their assistance is generally free of charge. A list of ECCs is available at: https://konsument.gov.pl/eck-w-europie/
      • the Online Dispute Resolution (ODR) platform provided by the European Commission: https://ec.europa.eu/consumers/odr (note: complaints via the ODR platform can only be submitted until March 20, 2025)
      Additional support available in Poland:
      • mediation via the Provincial Inspectorate of Trade Inspection. A request must be submitted, and the procedure is generally free. List available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • settlement by a permanent consumer arbitration court operating at the relevant Provincial Inspectorate of Trade Inspection. A request must be filed. This is also usually free of charge.
   2. This section is informational and does not oblige the Seller to participate in out-of-court procedures.
   3. Participation in such procedures is voluntary for both the Seller and the Consumer.
   4. The Consumer may also seek free assistance from a local or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. To avoid doubt, the Seller points out that its liability to Buyers other than privileged Buyers regarding complaints is governed by § 11 sec. 7 of these Terms and Conditions.

§ 10 PERSONAL DATA

1. The controller of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – is provided in the Store’s privacy policy, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and the Council (EU) – GDPR.
2. The purpose of processing the Buyer’s data by the Seller, provided in connection with purchases made in the Store, is the execution of orders. The legal bases for processing personal data in this case are:
   • a contract or actions taken at the Buyer’s request prior to entering into the contract (Art. 6(1)(b) GDPR),
   • a legal obligation to which the Seller is subject, especially related to accounting and product safety (Art. 6(1)(c) GDPR), and
   • the Seller’s legitimate interest in processing data for the establishment, exercise, or defence of potential claims (Art. 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract between the Buyer and the Seller expires;
   2. the Seller is no longer legally obliged to process the Buyer’s data;
   3. the possibility of pursuing claims by either party arising from the contract expires;
   4. the Buyer submits a valid objection to the processing of their personal data – if the basis for processing was the Seller’s legitimate interest
   – whichever is applicable in a given case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller,
      as well as the right to:
   6. object at any time, on grounds relating to their particular situation, to the processing of personal data based on Art. 6(1)(f) GDPR (i.e. legitimate interests pursued by the Seller).
6. To exercise their rights, the Buyer should contact the Seller using the contact details provided in § 2 of these Terms and Conditions.
7. If the Buyer believes that their personal data is being processed unlawfully, they may lodge a complaint with the relevant data protection authority. In Poland, this is the President of the Personal Data Protection Office (UODO).

§ 11 RESERVATIONS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate contract and requires individual acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of fulfilling the order.
3. All contracts concluded under these Terms and Conditions are governed by Polish law, subject to paragraph 4.
4. The choice of Polish law for contracts concluded with a Consumer under these Terms and Conditions does not waive or limit the rights of that Buyer arising from mandatory provisions of law applicable to the Consumer in cases where no choice of law has been made. This means, in particular, that if the national laws applicable to the Consumer provide broader protection than that offered under these Terms and Conditions or Polish law, such broader protection shall apply.
5. Contracts concluded under these Terms and Conditions are concluded in the Polish language.
6. In the event of a dispute with a Buyer who is not a privileged Buyer, related to a contract concluded via the Store, the competent court shall be the court having jurisdiction over the Seller's registered office.
7. Any liability of the Seller towards a Buyer who is not a privileged Buyer, arising from a contract concluded via the Store, is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a sample withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not required to, use:

WITHDRAWAL FORM TEMPLATE
(this form should be completed and returned only if you wish to withdraw from the contract)

ARM ROBERT MACZYŃSKI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Usługowa 17, 15-521 Zaścianki
email address: [email protected]

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform you of my/our withdrawal from the contract for the sale of the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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- Date of contract conclusion^(*)/receipt^(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Name(s) of the Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Address of the Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted in paper version)

Date: . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

Terms of Use of the RMD Bike Shop Online Store

regarding content added by Users (DSA)

Contact Point

You can contact us using the following forms of electronic communication:

Email: [email protected]

In addition to electronic communication, you can also reach us by phone at: +48 535 590 590

Languages of Communication

You can contact us in the following languages:

• Polish,
• English,
• Czech,
• Lithuanian,
• German.

User-Generated Content

The online store allows you to submit content that is stored on our website.

Such content includes:

• product reviews (including services),
• comments,
• ratings,
• photos,
• videos,
• audio recordings,
• other content submitted by you.

We ensure that product reviews come from individuals who have used or purchased the given product. For this purpose, we only send review requests to those who have purchased a product from us.

Restrictions on User-Generated Content

Please note that when using our website, you are not allowed to post illegal content (especially content such as hate speech, terrorist content, and unlawful discriminatory content), or content that becomes illegal under applicable law due to its association with unlawful activity. Examples of illegal content include actions such as:

• sharing images depicting the sexual abuse of children,
• unlawfully sharing private images without consent,
• cyberstalking,
• unauthorized use of copyrighted material,
• illegally offering accommodation services,
• illegal sale of live animals.

You should also avoid posting content that violates public decency or our terms of service, including rules, policies, terms, and conditions applicable to our website—insofar as they relate to user-submitted content.

In particular, the following types of content are prohibited on our website:

• Humiliating, offensive, or degrading content: any material that could be considered offensive, degrading, or defamatory.
• Erotic content: pornographic material or any content with an explicit sexual nature.
• False information and disinformation: spreading false or misleading content, especially related to medical or scientific knowledge.
• Propaganda and totalitarian ideologies: content promoting ideologies or actions considered illegal or contrary to the values of a democratic state governed by law in Poland.
• Spam and unsolicited advertising: sending or posting unsolicited promotional or marketing materials.
• Intellectual property infringement: publishing content without appropriate rights or licenses, infringing copyrights or industrial property rights.
• Impersonation: pretending to be another user or posting content on behalf of someone else without their consent.
• Irrelevant content: publishing material unrelated to the subject or purpose of the website.
• Generally offensive content: including vulgar language.

Reporting Illegal Content

If you wish to report illegal content, please contact us through the Contact Point listed at the beginning of these terms.

Please include the following in your report:

• A sufficiently substantiated explanation of the reasons why you allege the information in question constitutes illegal content.
• A clear indication of the exact electronic location of that information, such as the precise URL or URLs, and, where applicable, additional information that allows us to identify the illegal content according to the type of content and the hosting service.
• Your name or company name and email address – except for reports relating to offences referred to in Articles 3–7 of Directive 2011/93/EU (i.e. offences concerning child sexual abuse and child pornography).
• A declaration confirming your good faith belief that the information and allegations in the report are accurate and complete.

You may simply include this information in your message. If you prefer, you can use the sample report form provided at the end of this document.

We collect this information in accordance with Article 16(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act – DSA).

If your report is submitted by email or includes your electronic contact details, we will confirm receipt of your report.

We will also inform you about the actions we take regarding the reported illegal content and your options to appeal our decision.

Content Moderation

User-generated content in our Online Store is moderated based on user reports. We may also take moderation action on our own initiative.

We respond to all reports concerning potential violations of the law, public decency, or any rules, policies, or terms of service associated with our website. We take appropriate action to remove or restrict access to illegal content as soon as we become aware of its existence.

Please note that we are not obliged to proactively search for illegal content.

However, in good faith and with due diligence, we use automated mechanisms to detect potentially illegal content. Content may also be reviewed manually without the use of automated tools.

Content moderation is carried out in accordance with applicable laws, in particular the Digital Services Act (DSA).

Justification of Actions Taken Regarding User Content

If we take action against illegal content or content that violates the rules described in this document, we will inform all affected recipients — if we have their relevant electronic contact details — of the restrictions applied to the content or the user responsible for it, provided that such communication applies due to the nature of the service or provisions of binding agreements. These actions may include:

• Restricting the visibility of certain information provided by us, including removing content, disabling access to content, or deprioritizing it.
• Suspending, terminating, or otherwise limiting financial payments.
• Suspending or terminating the provision of the service in whole or in part.
• Suspending or closing the service recipient’s account.

Each action taken by us will be justified.

We may refrain from providing such notification if the content consists of high-volume commercial content that is misleading.

SAMPLE REPORT OF ILLEGAL INFORMATION

To streamline the process of reporting illegal content, we encourage you to submit information in accordance with the following template. Using this form is NOT mandatory.

Reporter’s full name: ………………………….

Reporter’s email address: …………………………

(This section does not apply to reports related to offences referred to in Articles 3–7 of Directive 2011/93/EU, i.e. offences concerning child sexual abuse and child pornography)

URL(s) of the reported content: ………………………………………………………………………………………………………………

Any additional information to help identify the reported content: ………………………………………………………………

Reasoned explanation of why the reported content is considered illegal:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

I declare in good faith that I believe the information and claims in my report are accurate and complete.

Oto tłumaczenie wprowadzenia oraz § 1 Regulaminu Konta na język angielski: ---

Account Terms and Conditions

at RMD Bike Shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms or Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – A Service User who is a natural person entering into the Account agreement under these Terms and Conditions or undertaking actions to conclude such agreement, not directly related to their business or professional activity.
Account – A digital service as defined by the Polish Consumer Rights Act, provided free of charge by the Service Provider via electronic means, enabling the User to access additional features in the Store.
Loyalty Program – A program operated by the Service Provider within the Store, under which a User with an Account may collect and use Points in accordance with the Terms.
Points – Points granted to the User under the Loyalty Program, allowing the User to purchase selected products in the Store at a discount.
Privileged Business User – A natural person who enters into the Account agreement (or undertakes actions to do so) in connection with their business activity, but the agreement is not of a professional nature for them.
Terms and Conditions – These Account Terms and Conditions.
Store – The RMD Bike Shop online store operated by the Service Provider at https://www.rmdbike.com
Service User – Any entity that has entered into an agreement for an Account or is undertaking actions to conclude such an agreement.
Privileged User – A User who is either a Consumer or a Privileged Business User.
Service Provider –ARM Robert Maczyński sp. z o.o. (LLC, Poland) based at Usługowa 17, 15-521 Zaścianki, entered in the National Court Register by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number 0001037907, NIP 9662177937, REGON 525401758, share capital of 500,000.00 PLN; BDO registration number 000059138.
Consumer Rights Act – The Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Usługowa 17, 15-521 Zaścianki, Poland
2. Email address: [email protected]
3. Phone: +48 535 590 590
4. The cost of a phone call or data transmission initiated by the User depends on the basic tariff of the telecommunications or internet service provider used by the User. The Service Provider notes that the cost of an international call or international data transmission may be higher than that of a domestic connection or transmission – depending on the tariff applied by the User’s provider.

§ 3 TECHNICAL REQUIREMENTS

1. To properly operate and create an Account, the following are required:
   • an active email account,
   • a device with Internet access,
   • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends solely on the User's decision.
2. The Account offers additional features to the User, such as: viewing order history, checking order status, editing user data, and participating in the Loyalty Program.
3. To create an Account, the User must fill out the appropriate form on the Store website.
4. Upon Account creation, an indefinite-term agreement for maintaining the Account is concluded between the User and the Service Provider, under the terms set out in these Terms and Conditions.
5. The Service Provider begins providing the Account maintenance service as specified in the Terms and Conditions immediately upon conclusion of the Account agreement.
6. The User may cancel the Account at any time without incurring any costs.
7. Deleting the Account results in termination of the Account agreement. To delete the Account, the User must send a cancellation request to the Service Provider’s email address provided in § 2 of the Terms and Conditions. This will result in the immediate deletion of the Account and termination of the agreement.

LOYALTY PROGRAM

8. The Loyalty Program is available to Users who have an Account. Earning and redeeming Points is only possible via the Account.
9. Upon creating an Account, the User becomes a participant in the Loyalty Program and remains one for the duration of the Account agreement.
10. For every PLN 1 spent in the Store on a single order, the User receives 1 Point, subject to sections 11 and 12.
11. Points for an order will be granted only if a purchase agreement for the ordered products is concluded between the Service Provider and the User. Points are automatically granted at the time the order is fulfilled.
12. The calculation of Points is based solely on the amount paid by the User for products (excluding Points redemption) and excludes any additional order-related costs such as delivery fees.
13. If the User subscribes to the Store’s newsletter for the first time, they will receive 200 Points.
14. Points for newsletter subscription are awarded automatically within 7 days of signing up.
15. The User may receive 300 Points for each legally compliant and socially acceptable product review published in the Store through their Account.
16. Points for published reviews will be granted automatically within 7 days of the review submission.
17. All Points collected by the User are combined into a single pool.
18. The current Points balance will be visible in the User's Account. The Service Provider may also notify the User of changes in Points balance via the email address associated with their Account.
19. The User may redeem Points to reduce the price of a product included in the Loyalty Program so that the final price is PLN 1. Once Points are applied, the price will be automatically reduced to this amount.
20. The number of Points required to obtain the discount described above is displayed in the Store alongside the product.
21. Unless stated otherwise, Points expire 1095 days after being added to the Account, after which they are removed from the User's Points pool. The Service Provider may notify the User of upcoming expiration or expiration of Points via email.
22. The Service Provider has the right to cancel Points:
    1. awarded for orders for which the User received a refund; for privileged Users, this applies only if the refund was due to withdrawal from the contract under Chapter 4 of the Consumer Rights Act;
    2. granted despite unsuccessful payment (which does not preclude the possibility of earning Points again after successful payment);
    3. granted for repeated newsletter subscriptions.
23. Points collected in the Loyalty Program may only be used as described in this section. Points cannot be exchanged for cash, transferred, or sold to third parties.

24. The exchange rate for Points is as follows: 100 collected Points = 1 PLN discount.
    Example: A product priced at 45 PLN can be purchased for 4500 Points, with delivery costs to be paid separately. For certain products, the Point value may be determined individually – the current number of Points required to purchase a specific product is always indicated on the product page in the Store.

25. In the event of a partial return of an order for which Points were awarded, all Points granted for that order will be cancelled.

26. If the Service User returns a product for which they received Points and has already used those Points before the return, the refund amount will be reduced by the value of the product, calculated at the catalog (regular, non-discounted) price.

27. If, due to a system error, the Points are not cancelled after a product return and the Service User uses them to place a new order, the Service Provider reserves the right to refuse to fulfill such an order.

28. The Service Provider reserves the right to suspend or close the Account and cancel Points if a violation of the Terms is identified or if the Service User engages in activities intended to circumvent them, including placing fictitious orders to gain Points.

29. The Service Provider reserves the right to change the Points exchange rate; however, the new value will apply only to Points granted after the effective date of the change.

30. In the event of an incorrect Points allocation due to technical reasons, the Service Provider has the right to adjust the number of Points assigned to the Service User's Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address indicated in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint submission.

II PRIVILEGED USERS

3. The Service Provider is liable to the Privileged User for the conformity of the service with the contract, as provided by applicable law, including in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Account agreement by the Service Provider, the Privileged User may exercise the rights specified in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital service, the Privileged User may request its delivery. If the Service Provider still does not deliver the digital service promptly or within an additional expressly agreed period, the Privileged User may withdraw from the Account agreement.
6. The Privileged User may withdraw from the Account agreement without first requesting delivery of the digital service if:
   1. it is evident from the Service Provider’s statement or circumstances that the digital service will not be delivered, or
   2. the Privileged User and the Service Provider have agreed, or it is clear from the circumstances at the time of concluding the agreement, that a specific delivery date was essential for the Privileged User, and the Service Provider failed to deliver the service within that period.
7. The Service Provider is liable for any non-conformity of the continuous digital service with the Account agreement that occurred or became apparent during the agreed period of delivery.
8. If the digital service is non-conforming with the Account agreement, the Privileged User may request that it be brought into conformity with the agreement.
9. In the event of non-conformity of the digital service with the Account agreement, the Privileged User must reasonably cooperate with the Service Provider using the least burdensome technical means to determine whether the lack of conformity results from the digital environment of the Privileged User.
10. Additionally, if the digital service is non-conforming with the Account agreement, the Privileged User may declare withdrawal from the agreement if:
    1. bringing the service into conformity is impossible or involves excessive costs, pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity within a reasonable time after being informed of the non-conformity, and without significant inconvenience to the Privileged User, considering the nature and purpose of the digital service;
    3. the non-conformity persists despite the Service Provider's attempts to correct it;
    4. the non-conformity is so significant that it justifies immediate withdrawal without first requesting remedy under Article 43m of the Consumer Rights Act;
    5. it is evident from the Service Provider’s statement or circumstances that the service will not be brought into conformity within a reasonable time or without significant inconvenience to the Privileged User.

III OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS

11. The Service Provider informs Consumers of the possibility of using out-of-court complaint and redress mechanisms. Rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes out of court. Consumers may use, among others:
    • the relevant European Consumer Centre (ECC) from the European Consumer Centres Network. ECCs provide information about consumer rights and assist in resolving disputes in cross-border purchases. Assistance from ECCs is generally free of charge. A list of relevant ECCs can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      - please note that the ability to submit complaints via the ODR platform expires on March 20, 2025.
    Additionally, in Poland, the following support options are available:
    • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which a mediation request should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request for dispute resolution should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The above provision is for informational purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court complaint and redress mechanisms is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. A Privileged User has the right to withdraw from the Account agreement concluded with the Service Provider within 14 days without providing any reason.
2. The withdrawal period expires 14 days after the conclusion of the Account agreement.
3. To exercise the right of withdrawal, the Privileged User must inform the Service Provider—using the contact details provided in § 2 of the Terms and Conditions—of their decision to withdraw by means of a clear statement (for example, a letter sent by post or email).
4. The Privileged User may use the model withdrawal form attached at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged User to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the User in connection with the Account agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider—including other purposes and legal bases for processing, as well as data recipients—can be found in the Privacy Policy available on the Store website, in accordance with the principle of transparency under the General Data Protection Regulation (EU) – "GDPR".
2. The purpose of processing the User’s data is to maintain the Account. The legal basis for processing is the Account agreement or actions taken at the User’s request to conclude such an agreement (Article 6(1)(b) GDPR), as well as the Service Provider’s legitimate interest in processing the data for the establishment, exercise, or defence of potential claims (Article 6(1)(f) GDPR).
3. Providing data is voluntary but necessary to conclude the Account agreement and provide the related services. Failure to provide the data will make it impossible to conclude the Account agreement and deliver the services.
4. The User’s data will be processed until:
   1. the Account agreement is terminated;
   2. the limitation period for claims by either the User or the Service Provider related to the Account expires;
   3. the User’s objection to data processing is accepted—where the processing was based on the Service Provider’s legitimate interest
   – depending on which of the above occurs last in the given case.
5. The User has the right to request:
   1. access to their personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller,
      as well as the right to:
   6. object at any time—on grounds relating to their particular situation—to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. processing based on the legitimate interests pursued by the Service Provider).
6. To exercise these rights, the User should contact the Service Provider.
7. If the User believes that their personal data is being processed unlawfully, they may lodge a complaint with the data protection authority. In Poland, this is the President of the Personal Data Protection Office (PUODO).

§ 8 AMENDMENTS TO THE TERMS AND CONDITIONS OR ACCOUNT

1. The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason shall be understood as the necessity to amend the Terms and Conditions due to:
   1. a change in the Account functionality that requires modification of the Terms and Conditions, or
   2. a change in applicable law affecting the performance of the Account agreement by the Service Provider, or adaptation of the services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations, or instructions issued by competent public authorities, or
   3. a change in the Service Provider's contact or identification details.
2. Information about the planned amendment to the Terms and Conditions will be sent to the User’s email address associated with the Account at least one month before the changes take effect.
3. If the User does not object to the planned amendments before they take effect, it is considered that they accept them. This does not prevent termination of the agreement at a later date.
4. If the User does not accept the planned amendments, they should notify the Service Provider by email to the address provided in § 2 of the Terms and Conditions. This will result in the termination of the Account agreement upon the effective date of the planned changes.
5. The Service Provider may introduce changes to the Account that are not necessary to maintain compliance with the Account agreement, for the reason indicated in item 1(b) or due to a change in the functionality of the Account. Such changes will not result in any costs for the Privileged User. Provisions of items 2–4 apply accordingly.
6. If the change referred to in item 5 significantly and negatively affects the Privileged User’s access to or use of the Account, the Service Provider will send, in advance and on a durable medium, information to the Privileged User’s email address about the nature and date of the change, as well as the rights of the Privileged User in connection with that change.

§ 9 FINAL PROVISIONS

1. The User is prohibited from providing unlawful content.
2. The Account agreement is concluded in the Polish language.
3. The agreement concluded on the basis of these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for the agreement concluded with a Consumer under these Terms and Conditions does not waive or limit the Consumer’s rights under mandatory provisions of law applicable to the Consumer in the absence of a choice of law. This means, in particular, that if the relevant national laws applicable to the Consumer provide greater protection than that offered under these Terms and Conditions or Polish law, such greater protection shall apply.
5. Orders placed in the Store using Points are subject to the Store's terms and conditions.
6. In the event of a dispute with a User who is not a Privileged User, related to the Account agreement, the competent court shall be the court having jurisdiction over the Service Provider's registered office.
7. Any liability of the Service Provider in connection with the Account agreement towards a User who is not a Privileged User is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

ARM ROBERT MACZYŃSKI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Usługowa 17, 15-521 Zaścianki
email: [email protected]

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform you of my/our(*) withdrawal from the contract for the provision of the following service(*) / delivery of digital content in the form of(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Date of contract conclusion^(*)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Address of the Consumer(s) / Privileged Entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is sent on paper)

Date . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.

Newsletter Terms and Conditions

at RMD Bike Shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or the Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Usługowa 17, 15-521 Zaścianki
2. Email address: [email protected]
3. Phone: +48 535 590 590
4. The cost of a phone call or data transmission made by the User depends on the base rate of the telecommunications or internet service provider used by the User. The Service Provider notes that the cost of international calls or data transmission may be higher than domestic rates—depending on the rate plan adopted by the User’s provider.

§ 3 TECHNICAL REQUIREMENTS

1. To access the digital content covered by these Terms and Conditions, the following are required:
   • an active email account;
   • a device with internet access;
   • a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

1. The User may voluntarily subscribe to the Newsletter.
2. To receive the Newsletter, it is necessary to conclude an Agreement.
3. Emails sent under the Agreement will be delivered to the email address provided by the User at the time of concluding the Agreement.
4. To conclude the Agreement, the User must first enter their email address in the designated field on the Store website, to which the messages under the Agreement are to be sent. Upon subscribing to the Newsletter, an indefinite-term Agreement is concluded, and the Service Provider begins its performance—subject to section 5.
5. To ensure proper performance of the Agreement, the User must provide a valid email address.
6. The Newsletter is delivered promptly after the Service Provider creates the message intended for Users.
7. Each Newsletter message will include information about the option to unsubscribe and a link to do so.
8. The User may unsubscribe from the Newsletter at any time, without providing a reason and without incurring any cost, by using the option mentioned above or by sending a message to the Service Provider's email address provided in § 2 of the Terms and Conditions.
9. Using the unsubscribe link or sending a message requesting to unsubscribe from the Newsletter will result in immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding digital content covered by these Terms and Conditions be submitted to the postal or email address indicated in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days from the date of receiving the complaint.

II PRIVILEGED USERS

3. The Service Provider is liable to the Privileged User for the conformity of the service with the Agreement, as provided by applicable law, in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance of the Agreement by the Service Provider, the Privileged User may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital content covered by the Agreement, the Privileged User may request its delivery. If the Service Provider still fails to deliver it promptly or within an additional expressly agreed period, the Privileged User may withdraw from the Agreement.
6. The Privileged User may withdraw from the Agreement without requesting delivery of the digital content if:
   • it is clear from the Service Provider's statement or the circumstances that the digital content will not be delivered; or
   • the Privileged User and the Service Provider agreed, or the circumstances of concluding the Agreement clearly indicate, that a specific delivery date was essential for the Privileged User, and the Service Provider did not deliver it by that date.
7. The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement that occurred or became apparent while the Newsletter was to be delivered under the Agreement (as it is provided continuously).
8. If the digital content covered by the Terms and Conditions does not conform with the Agreement, the Privileged User may request that it be brought into conformity.
9. In the event of non-conformity of the digital content, the Privileged User must reasonably cooperate with the Service Provider, using the least burdensome technical means, to determine whether the non-conformity is due to the Privileged User’s digital environment.
10. Additionally, if the digital content covered by the Terms and Conditions does not conform with the Agreement, the Privileged User may withdraw from the Agreement if:
    • bringing the content into conformity is impossible or would involve excessive costs, as per Article 43m(2) and (3) of the Consumer Rights Act;
    • the Service Provider has not brought the digital content into conformity within a reasonable time after being informed of the lack of conformity, and without undue inconvenience to the Privileged User, taking into account the nature and purpose of the content;
    • the lack of conformity continues despite the Service Provider’s attempts to remedy it;
    • the lack of conformity is so significant as to justify immediate withdrawal without first requesting conformity as per Article 43m of the Consumer Rights Act;
    • it is evident from the Service Provider’s statement or circumstances that conformity will not be achieved within a reasonable time or without undue inconvenience to the Privileged User.

III OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS

11. The Service Provider informs Consumers of the possibility of using out-of-court complaint and redress mechanisms. The rules for accessing such procedures are available at the offices or websites of entities authorized to resolve disputes out of court. Consumers may, among others, use:
    • the assistance of the relevant European Consumer Centre (ECC) from the European Consumer Centres Network. ECCs provide information on consumer rights and help resolve disputes in cross-border purchases. Assistance from ECCs is generally free of charge. A list of relevant ECCs can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      – note that the possibility to submit complaints via the ODR platform expires on March 20, 2025.
    Additionally, in the territory of the Republic of Poland, the following forms of support are available:
    • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The above provision is for informational purposes only and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.
13. Use of out-of-court complaint and redress mechanisms is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also seek free assistance from the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. A Privileged User has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the date of conclusion of the Agreement.
3. To exercise the right of withdrawal from the Agreement, the Privileged User must inform the Service Provider—using the contact details provided in § 2 of the Terms and Conditions—of their decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email).
4. The Privileged User may use the model withdrawal form included at the end of the Terms and Conditions, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged User to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the User in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider—including other purposes and legal bases for data processing, as well as data recipients—is available in the Privacy Policy accessible on the Store website, in accordance with the principle of transparency under the General Data Protection Regulation (EU) – “GDPR”.
2. The purposes of processing the User’s data are:
   • performance of the Agreement; the legal basis for processing in this case is the Agreement or actions taken at the request of the User prior to its conclusion (Article 6(1)(b) GDPR);
   • analysis of the effectiveness of messages sent under the Agreement, in order to determine general principles for effective communication in the Service Provider's operations; the legal basis is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR);
   • establishment, exercise or defence of potential claims related to the Agreement; the legal basis is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR).
3. Providing personal data by the User is voluntary, but necessary for concluding the Agreement and delivering the digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement and deliver the digital content.
4. The User’s data will be processed until:
   1. the Agreement is no longer in force;
   2. the possibility of pursuing claims related to the Agreement by either the User or the Service Provider expires;
   3. an objection to processing is accepted—if the data processing was based on the Service Provider’s legitimate interest
   – depending on which occurs later in a given case.
5. The User has the right to request:
   1. access to their personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller,
      as well as the right to:
   6. object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. the legitimate interests pursued by the Service Provider).
6. To exercise their rights, the User should contact the Service Provider.
7. If the User believes that their data is being processed unlawfully, they may lodge a complaint with the supervisory authority for data protection. In Poland, this is the President of the Personal Data Protection Office (PUODO).

§ 8 AMENDMENTS TO THE TERMS AND CONDITIONS OR NEWSLETTER

1. The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason shall be understood as the necessity to amend the Terms and Conditions due to:
   1. a change in the functionality of the Newsletter requiring modification of the Terms and Conditions, or
   2. a change in legal regulations affecting the performance of the Agreement by the Service Provider, or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or instructions issued by competent public authorities, or
   3. a change in the contact or identification details of the Service Provider.
2. Information about the planned amendment to the Terms and Conditions will be sent to the User’s email address provided at the time of concluding the Agreement at least 7 days before the changes take effect.
3. If the User does not object to the planned changes before they take effect, it will be deemed that they accept them. This does not prevent the User from terminating the Agreement at any time in the future.
4. If the User does not accept the planned changes, they should send a message to the Service Provider’s email address provided in § 2 of the Terms and Conditions. This will result in the termination of the Agreement on the effective date of the planned changes.
5. The Service Provider may introduce changes to the Newsletter that are not necessary to maintain compliance with the Agreement, for the reason specified in item 1(b) or due to a change in the functionality of the Newsletter. Such changes will not involve any costs for the Privileged User. The provisions of items 2–4 apply accordingly.
6. If a change referred to in the previous item significantly and negatively affects the Privileged User’s access to or use of the Newsletter, the Service Provider will send—well in advance and on a durable medium—information to the Privileged User’s email address regarding the nature and effective date of the change and the rights available to the Privileged User in connection with the change.

§ 8 AMENDMENTS TO THE TERMS AND CONDITIONS OR NEWSLETTER

1. The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason shall be understood as the necessity to amend the Terms and Conditions due to:
   1. a change in the functionality of the Newsletter requiring modification of the Terms and Conditions, or
   2. a change in legal regulations affecting the performance of the Agreement by the Service Provider, or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or instructions issued by competent public authorities, or
   3. a change in the contact or identification details of the Service Provider.
2. Information about the planned amendment to the Terms and Conditions will be sent to the User’s email address provided at the time of concluding the Agreement at least 7 days before the changes take effect.
3. If the User does not object to the planned changes before they take effect, it will be deemed that they accept them. This does not prevent the User from terminating the Agreement at any time in the future.
4. If the User does not accept the planned changes, they should send a message to the Service Provider’s email address provided in § 2 of the Terms and Conditions. This will result in the termination of the Agreement on the effective date of the planned changes.
5. The Service Provider may introduce changes to the Newsletter that are not necessary to maintain compliance with the Agreement, for the reason specified in item 1(b) or due to a change in the functionality of the Newsletter. Such changes will not involve any costs for the Privileged User. The provisions of items 2–4 apply accordingly.
6. If a change referred to in the previous item significantly and negatively affects the Privileged User’s access to or use of the Newsletter, the Service Provider will send—well in advance and on a durable medium—information to the Privileged User’s email address regarding the nature and effective date of the change and the rights available to the Privileged User in connection with the change.

§ 9 FINAL PROVISIONS

1. The User is prohibited from providing unlawful content.
2. The Agreement is concluded in the Polish language.
3. The Agreement concluded under these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for the Agreement concluded with the Consumer under these Terms and Conditions does not waive or limit the rights of the Consumer under mandatory provisions of law applicable to that Consumer in the absence of a choice of law. This means, in particular, that if the national laws applicable to a given Consumer provide broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection shall apply.
5. In the event of a dispute with a User who is not a Privileged User and which relates to the Agreement, the competent court will be the court with jurisdiction over the registered office of the Service Provider.
6. Any liability of the Service Provider in connection with the Agreement towards a User who is not a Privileged User is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement)

ARM ROBERT MACZYŃSKI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Usługowa 17, 15-521 Zaścianki
email: [email protected]

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform you of my/our(*) withdrawal from the agreement for the provision of the following service(*) / for the delivery of digital content in the form of(*):

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- Date of agreement conclusion^(*)

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- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

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- Address of the Consumer(s) / Privileged Entrepreneur(s):

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Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is sent in paper version)

Date . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.