STORE REGULATIONS OF DEMIURGE CYCLES
Shop's Policy
§ 1. GENERAL PROVISIONS
The online store operating at www.demiurgecycles.com (hereinafter referred to as the “Store”) is the property of Bogusław Małajowicz (hereinafter referred to as the “Seller”), conducting business activity under the name “Motorcycles Performance Demiurge Cycles Bogusław Małajowicz”, with its registered office at Koźmica Wielkie 701, 32-020 Wieliczka, Poland, Tax Identification Number (NIP): 683-110-30-71, REGON: 351054917, entered into the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs (www.firma.gov.pl), entered into the business register under No. EWID. 3425/93. The authority issuing the certificate is the Mayor of the City and Municipality of Wieliczka. Customers may contact the Seller via email at biuro@demiurgecycles.pl or by phone at +48 123 456 789.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.
These Regulations define the rules for using the Store, in particular the rights and obligations of the Seller and the Customer, the rules for placing orders and concluding and terminating sales contracts for products offered by the Seller, as well as the rules for performance of such contracts, complaint procedures, and personal data protection. These Regulations also define the rules for providing services by electronic means, which are provided solely to the extent necessary to enable Customers to make purchases via the Store.
Customers may obtain free access to these Regulations at any time via the website www.demiurgecycles.pl, including the possibility to download and store the content of the Regulations in electronic form (PDF format) or to print them. The Regulations are also made available to Customers during the order placement process and are delivered to Customers as an attachment to the email confirming the conclusion of the contract referred to in section 3.4 of the Regulations.
These Regulations are addressed both to consumers and to entrepreneurs using the Store, with the exception of sections 7 and 8 of the Regulations, which are addressed exclusively to Customers who are consumers, as well as those provisions of the Regulations that explicitly refer to consumers.
Customers may communicate with the Seller via email, as well as by telephone, fax, and in writing (contact details as indicated in section 1.1 of the Regulations). Orders, however, are placed by Customers using the order form, in accordance with the procedure set out in section 3 of these Regulations.
All announcements, advertisements, price lists, and other information posted on the website www.demiurgecycles.plrelating to the products offered therein do not constitute an offer within the meaning of the provisions of the Civil Code, but rather an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
§ 2. ELECTRONIC SERVICES
The Seller provides electronic services consisting of enabling Customers to create a user account on the Store’s website and providing Customers with an order form on the Store’s website.
The user account service consists of enabling Customers to use the Store’s resources after logging in. Creating a user account requires completing and submitting a registration form containing the following data: first and last name, permanent residence address, correspondence address (if different from the permanent residence address), and an email address. The user account service is provided free of charge for an indefinite period. The Customer may at any time, without stating a reason and without incurring any costs, delete their user account by submitting a request to the Seller for account deletion in writing, by fax, or by email (contact details specified in section 1.1 of the Regulations).
The order form service consists of enabling Customers to place orders (declarations of intent) for goods offered by the Seller via the Store’s website, in accordance with the procedure set out in section 3 of the Regulations. This service is provided free of charge and is of a one-time nature. The service is completed immediately after the order is placed.
To browse the Store’s assortment and place orders, a computer or other multimedia device with Internet access is required, equipped with an operating system that allows the use of an internet browser (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Opera), with a recommended screen resolution of 1024 × 768 pixels or higher, with JavaScript enabled, as well as an active email account.
- Contact details including your name, address, billing address, shipping address, phone number, and email address.
- Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
- Account information including your username, password, security questions, preferences and settings.
- Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
- Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
- Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
- Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
The Seller informs that the basic risks related to the use of services provided electronically via the Internet include, in particular, interference by third parties (so-called hackers), computer viruses, Trojan horses, and spam (unsolicited electronic messages sent simultaneously to multiple recipients). It is in the interest of every user of Internet-based services to install legal and up-to-date software protecting the user’s device against the above-mentioned threats.
Customers using the Store are obliged to refrain from any activities that are unlawful, including in particular providing unlawful content and interfering with the content of the Store or its technical elements.
Complaints regarding services provided electronically may be submitted in writing or by email (contact details indicated in section 1.1 of the Regulations). Complaints will be reviewed by the Seller within 14 days.
§ 3. PROCEDURE FOR CONCLUDING A SALES CONTRACT
The Store accepts Customer orders via the website www.demiurgecycles.pl. Orders may be placed 24 hours a day, 7 days a week. The placement of an order by a Customer constitutes an offer to conclude a sales contract for the products covered by the order, within the meaning of Article 66 § 1 of the Civil Code.
Placing an order shall be understood as selecting the type and quantity of products on the website www.demiurgecycles.pl, clicking the “add to cart” icon, completing the order form, selecting the method of payment and delivery, and then approving and submitting the order by clicking the “Order with obligation to pay” button. Orders placed via the Store entail an obligation to pay.
After the Customer submits a correctly completed order form, the Store shall immediately confirm receipt of the order by sending the Customer an appropriate email message to the email address provided by the Customer. Upon receipt of the above email message by the Customer, a sales contract is concluded between the Customer and the Seller. Such an email message also constitutes confirmation of the conclusion of a distance contract. The email message shall include these Regulations as an attachment, together with the appendices specified in section 10.3 of the Regulations.
Contracts concluded via the Store are concluded in the Polish language.
§ 4. PRICES AND PAYMENT
The prices of products presented on the Store’s website are gross prices (i.e. they include all components such as duties and taxes, including VAT) and are expressed in Polish zloty (PLN).
The prices of goods displayed on the Store’s website do not include delivery costs. Delivery costs of the product (including transport, delivery, and postal services fees) are indicated to the Customer during the order placement process, including at the moment the Customer expresses their intention to be bound by the sales contract. The delivery cost depends on the delivery method selected when placing the order. The total cost of the order, including the product price and delivery costs, is visible in the order summary.
The binding and final price is the price applicable at the time the Customer places the order.
Payment for the ordered goods may be made in the following ways:
a) bank transfer – a payment method for Customers who prefer to log in to their online banking system independently or visit a bank branch. After placing an order, the Customer receives the bank account number by email to which the appropriate amount should be transferred within 7 days. Once the payment is credited to the bank account of Motorcycles Performance Demiurge Cycles, the order is forwarded for processing.
c) online transfer – an electronic payment method handled by Dotpay.pl. Full company name: Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, Poland, NIP: 6342661860, KRS: 0000296790.
d) additional payment options via third party services such as for ex. deferred payment.
For all goods ordered in the Store, fiscal receipts or VAT invoices are issued.
§ 5. DELIVERY
Delivery of the product to the Customer is subject to a fee, unless:
a) the Customer places an order with a gross value exceeding PLN 400,
b) the Customer arranges transport of the purchased goods independently,
Ordered products are delivered via a courier company or Poczta Polska, according to the Customer’s choice made when placing the order. Ordered goods are delivered to the Customer’s address specified in the order form.
The order processing time ranges from 2 to 14 business days, calculated from the date the Customer places the order, unless a shorter period is indicated in the product description or during the order placement process.
Upon receipt of the shipment, the Customer should, where possible, check the condition of the package in the presence of the delivery provider. If any damage to the shipment incurred during transport is found, it is recommended, where possible, that the Customer refuse acceptance of the shipment or prepare a damage report in the presence of the delivery provider describing the condition of the shipment and the circumstances of the damage, which will significantly facilitate any potential complaint procedure.
A detailed price list is available in users shopping cart after entering the designated delivery address.
§ 6. COMPLAINT HANDLING PROCEDURE
The Store is obliged to deliver goods sold to Customers free from physical and legal defects (statutory warranty – rękojmia). In the event that the purchased goods are defective, Customers are entitled to the rights provided for in the Act of 23 April 1964 – the Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the provisions relating to statutory warranty (Articles 556 et seq.).
If examination of the complaint requires the Seller to inspect the sold goods, the Customer exercising rights under the statutory warranty shall be obliged, at the Seller’s expense, to deliver the goods to the place specified in the sales contract, or—if no such place is specified—to the place where the goods were handed over to the Customer. If, due to the nature of the goods or the manner of their installation, delivery by the Customer would be excessively difficult, the Customer shall be obliged to make the goods available to the Seller at the place where they are located.
The Store shall respond to the Customer’s complaint within 14 days. If the Seller fails to respond to the Customer’s claim within 14 days, the claim shall be deemed accepted as justified.
The Seller does not provide a separate warranty for the sold products. In the case of products covered by a manufacturer’s warranty, the Customer is also entitled to the rights specified in that warranty. The warranty does not exclude, limit, or suspend the Customer’s rights arising from statutory warranty provisions regarding product defects against the Seller.
§ 7. RIGHT OF WITHDRAWAL FROM THE CONTRACT
Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), a Customer who is a consumer and who has concluded a distance contract via the Store may withdraw from it within 14 days without stating a reason and without incurring any costs, except for the costs specified in sections 7.4, 7.5, and 7.8 of the Regulations. The instruction on the right of withdrawal, including in particular information on the method and time limit for exercising the right of withdrawal from the contract and on the costs of returning the goods in the event of withdrawal, which are borne by the Customer, constitutes Appendix No. 1 to these Regulations.
The Customer may use the model withdrawal form constituting an appendix to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), as well as Appendix No. 2 to these Regulations; however, this is not mandatory.
In the event of withdrawal from the contract, the contract shall be deemed not to have been concluded. If the Customer who is a consumer submitted a declaration before the Seller accepted their offer, the offer shall cease to be binding.
If the Customer has chosen a method of delivery of the goods that is different from the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer for the additional costs incurred.
The Customer shall bear the direct costs of returning the goods.
The Customer shall be liable for any reduction in the value of the goods resulting from their use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the goods.
When returning the goods, the Customer should secure the returned items in such a way as to minimize the risk of damage during transport.
The right of withdrawal from a distance contract shall not apply to the Customer with respect to contracts listed in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), in particular contracts:
- for the provision of services, where the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that, upon full performance by the entrepreneur, they would lose the right of withdrawal;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
- in which the subject of the performance is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to satisfy their individualized needs;
- in which the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf life;
- in which the subject of the performance is an item delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the performance consists of items which, after delivery, due to their nature, become inseparably connected with other items;
- in which the consumer has expressly requested that the entrepreneur visit them for the purpose of carrying out urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies goods other than spare parts necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods.
§ 11. Ending Notes
The Seller respects all consumer rights provided for in generally applicable provisions of law, in particular in the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights arising from statutory provisions. Any possible doubts shall be interpreted in favor of consumers using the Store. Provisions of the Regulations that are less favorable to the consumer than the provisions of the above-mentioned Act shall be null and void, and the provisions of that Act shall apply instead.
The Regulations may be amended for valid reasons, in particular in the event of changes in legal regulations. In the case of contracts of a continuous nature concluded on the basis of these Regulations, the amended Regulations shall be binding on the Customer provided that the requirements set out in Articles 384 and 384¹ of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 days from the date of notification. In the case of contracts of a nature other than continuous contracts concluded on the basis of these Regulations, amendments to the Regulations shall not in any way affect the rights acquired by Customers prior to the date the amendments enter into force.
Customers may access these Regulations at any time via a link provided on the Store’s homepage and may download them, save them to the storage device they are using (e.g. a computer), and print them.
Polish law shall be the governing law for all contracts concluded between the Seller and the Customer under the terms set out in these Regulations.
The court having jurisdiction to resolve any disputes between the Seller and a Customer who is a Consumer shall be the common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
These Regulations shall enter into force on January 1st, 2026.