TERMS AND CONDITIONS OF USING THE WEBSITE www.erupedia.com

General provisions

Art. 1

  1. These Terms and Conditions regulate the rules for providing Electronic Services on the Website, i.e. the rules for the provision of these Services by the Service Provider and the rules for using these Services by the User. The Terms and Conditions also regulate the rules of access to and use of the Website. The Service Provider provides Electronic Services in accordance with the Terms and Conditions.
  2. The owner of the Website and the owner of rights to the Website, including proprietary copyrights, all names, trademarks, logos and other markings used on the Website, is the Service Provider, i.e. Javor Samuels, running a business under the name moto-rush by Erupedia.
  3. The Website functions and operates in accordance with the Terms and Conditions. The Terms and Conditions are the Terms and Conditions for the provision of electronic services. The Terms and Conditions regulate the rules of using the Website and constitute the content of the contract for Electronic Services. The Terms and Conditions define:
    • the types and scope of Electronic Services referred to in the Terms and Conditions;
    • conditions for the provision of Electronic Services, including:
      • technical requirements necessary for cooperation with the ICT system used by the Service Provider;
      • prohibition of Users from providing illegal content;
    • the conditions for concluding and terminating contracts for Electronic Services referred to in the Terms and Conditions;
    • the complaint procedure regarding Electronic Services;
    • the rules of using the Website, including the rights and obligations of the Service Provider and Users resulting from the use of the Website and Electronic Services.
  4. Users using the Website are obliged to comply with the Terms and Conditions from the moment they start using any functionality of the Website. By starting to use the Website, in particular from Electronic Services, or by accessing the Website or Electronic Services, the User accepts the Terms and Conditions. In the course of registering an Account on the Website, the User may submit a declaration of acceptance of the Terms and Conditions.

Art. 2

  1. In the performance of the information obligation resulting from the Act on consumer rights, as well as other relevant legal provisions, the Service Provider informs about the following data:
    • company: moto-rush by Erupedia
    • telephone:18768206850;
    • e-mail: info@erupedia.com
    • website addresses: www.moto-rush.com
  2. Through the information contained in the Terms and Conditions or available on the Website, the Service Provider also provides other information referred to in art. 12 of the Act on consumer rights.

Definitions

Art. 3

  1. The terms used in the Terms and Conditions with a capital letter mean:
    1. Website – a website to which the Service Provider is entitled, with the use of which the Service Provider provides Electronic Services, operating under the domain of www.moto-rush.com;
    2. User – each Internet user who uses the Website, in particular Electronic Services;
    3. Consumer – a natural person who performs a legal transaction with the entrepreneur, i.e. the Service Provider, not directly related to its business or professional activity;
    4. Non-Professional Entrepreneur – a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available under the provisions of the Central Register and Information on Business
    5. Terms and Conditions – these document governing the functioning of the Website;
    6. Electronic Services (respectively: Electronic Service, Service) – all functions of the Website offering, in accordance with the Terms and Conditions, specific services to Users regarding the use of the Website, constituting the provision of electronic services within the meaning of the Act on the provision of services by road, i.e. performance of a service provided without simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted over a telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law. The provision of the Website constitutes the delivery of digital content that is not recorded on a tangible medium;
    7. Account – a service consisting of a set of resources kept for a specific Website User under a unique name (login), in which the User’s data and information about his activities on the Website are collected and offering appropriate functionalities;
    8. Content – all the substantive content of the Website available to Users, both posted on the Website by the Service Provider and Users, in particular announcements, offers and advertisements and information related to them;
    9. Shared Content/Content Sharing – one of the Services that allows Users to access Content on the Website, or allows Users to post Content in the form of announcements, offers and advertisements and information related to them;
    10. Contact Services – Services enabling direct contact between the Service Provider and the User and enabling mutual sending of messages between them;
    11. Act on consumer rights – the Act of 30 May 2014 on consumer rights (Journal of Laws 2019.134, i.e. of 2019.01.23, as amended);
    12. Act on the provision of electronic services – the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2019.123, i.e. of 2019.01.21, as amended).
    13. Civil Code – the Act of 23 April 1964 Civil Code (Journal of Laws 2019.1145, i.e. of 2019.06.19 as amended).

Type and scope of Electronic Services

Art. 4

  1. The Service Provider provides Electronic Services via the Website. The services provided as part of the Website consist in providing all functionalities of the Website, including the Account.
  2. Electronic services referred to in par. 1, consist in providing the User with the functionality of the Website. The functionalities of the Website consist in particular in:
    • providing the possibility of placing announcements, offers and advertisements
    • making announcements, offers and advertisements posted by Users available as part of the Content.

Art. 5

  1. The Service Provider provides the following Electronic Services:
    • Account
    • Shared Content
    • Contact Services
  2. The Service Provider only provides the functionality of the Website, and therefore is not responsible for non-performance or improper performance of any contract concluded by the User in connection with the posting of the announcement, offer or advertisement  by another User and for any actions of Users related to it.

Conditions for concluding and terminating contracts for the provision of Electronic Services. Registration on the Website

Art. 6

  1. The contract for a given Electronic Service is concluded by:
    • Account registration
    • the User starts using a given Electronic Service, i.e. by starting to use a given functionality of the Website.
  2. The User may terminate the use of a given Electronic Service at any time, including deletion the Account

Art. 7

  1. The Account registration procedure is performed as follows and in accordance with the following rules:
    • Website Users provide their data required for registration, indicated in the registration form
    • care for the security of Accounts requires Users to comply with the following rules:
      • it is forbidden to provide false data in the registration procedure, impersonate other entities or persons, as well as create an Account for another person without their consent. The user is guaranteed to provide only true data
      • The User may only create one Account for himself
      • in the Account registration procedure, the User provides a unique login and password for logging in to the Account
      • in the Account registration procedure, it is possible to submit specific statements available in the registration form
      • the Account registration procedure is completed when the User receives a message about the completion of the Account registration process.
  2. Before using the Services, the User is obliged to read the Terms and Conditions and the Privacy Policy available on the Website. Full use of the Website requires registration of the Account by providing truthful data indicated in the registration form. The User is obliged to provide complete and truthful data required in the registration form and to check and update them without any requests from the Service Provider.

Conditions for the provision of Electronic Services – Account

Art. 8

  1. Full use of the Website requires an Account.
  2. By registering an Account, the User obtains the possibility of accessing the Shared Content Service, in scopeof the possibility of placing announcements, offers, advertisements and information related to them.

Terms of Electronic Services – Shared Content

Art. 9

  1. Sharing the Content allows Users to read the Content on the Website, including those posted by other Users, and after registering the Account, it allows for posting the Content in the scope of placing announcements, offers, advertisements and information related to them.
  2. The use of the Content Sharing Service in terms of the possibility of placing announcements,  offers, advertisements and related information is payable.

Conditions for the provision of Electronic Services – Contact Services

Art. 10

  1. As part of the Contact Services, the Service Provider provides on the Website – provided they are made available – newsletter services, a contact form and a “chat” communicator.

Complaints about Electronic Services

Art. 11

  1. Complaints regarding Electronic Services should be submitted using the Service Provider’s contact details referred to in Art. 2 of the Terms and Conditions. Complaints may also be reported through the appropriate tools or functions of the Website, if they have been made available on them.
  2. In the complaint, please provide contact details, a description of the problem and a complaint request in order to be able to consider the complaint.
  3. Complaints referred to in sec. 1 and 2 are considered within 14 days of their receipt. The Service Provider will inform the User about the results of the complaint using the User’s contact details provided by him to the Service Provider in the complaint.

Withdrawal from the contract for Electronic Services

Art. 13

  1. Pursuant to Art. 27 of the Consumer Rights Act, a User who is a Consumer or a Non-Professional Entrepreneur who has entered into an agreement with the Service Provider for a Service Agreement regarding access to the Website has the right to withdraw from the Agreement regarding the Electronic Service.
  2. The instruction on the rules of exercising the right of withdrawal and its effects constitutes, together with the withdrawal form, an Attachment to the Terms and Conditions.
  3. The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the Consumer and the Non-Professional Entrepreneur in relation to contracts:
    • for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the User’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
    • for the provision of services, if the entrepreneur has fully performed the service with the express consent of the User, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract.
  4. The Service Provider informs that after the Services have been fully performed with the User’s express consent and after the commencement of the performance, with the User’s express consent, of the provision of digital content that is not recorded on a tangible medium, the right to withdraw from the contract is not due. In the case of the performance of a part of the Service, the right of withdrawal does not apply to this part. By starting to use the Website, the User confirms his consent to the commencement of the performance and performance of the Service before the deadline for withdrawal from the contract. Downloading the Website is the delivery of digital content that is not stored on a tangible medium, and by starting to use the Website, you consent to the performance and performance of the service before the deadline to withdraw from the contract.

Technical requirements. Terms and conditions of using the Website

Art. 14

  1. Using the Website requires access to the Internet and a program with web browser functionality. The use of the Website and its functionalities, including entering information as well as detecting and correcting errors in the scope of this information, is carried out using the appropriate Website – a web browser (e.g. Internet Explorer, Mozilla Firefox, Google Chrome, Opera, etc.). Registration on the Website requires an active email address.
  2. It is prohibited for Users using the Services to provide unlawful content, in particular infringing the personal rights of other people, infringing copyrights or industrial property rights, offensive, aimed at causing a dispute, etc.
  3. Pursuant to the provisions of the Act on the provision of electronic services, the Service Provider:
    • is not responsible for the stored data if it is not aware of the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, it will immediately prevent access to the data;
    • who has received an official notification of the unlawful nature of the stored data provided by the User and has prevented access to this data, shall not be liable to that User for any damage resulting from preventing access to such data;
    • who obtained credible information about the unlawful nature of the stored data provided by the User and prevented access to this data, shall not be liable to that User for the damage resulting from preventing access to this data, if he immediately notified the User about the intention to prevent access to them;
    • is not obliged to check the transmitted, stored or shared data.
  4. The service provider, subject to section 3 is not responsible for the Content posted on the Website by Users.
  5. The User is obliged to use the Website only in a manner consistent with its intended use and will not, alone or with the participation of third parties, change, circumvent or break the Website’s security.
  6. It is forbidden to completely or partially copy, modify, distribute and reproduce the Website
  7. The User should not allow third parties to access the Website. The User is solely responsible for the confidentiality and security of his Account.
  8. The Service Provider reserves the right to perform service activities on the Website within a specified period of service windows, which will be notified on the Website by an appropriate message.

Payments

Art. 16

  1. The Content Sharing Service in terms of functionalities available to Users who have an Account, ie in the scope of posting Content in the form of offers, advertisements and related information, is a paid Service.
  2. Payments will be made via the payment methods used in transactions on the Internet, ie Stripe, google pay, apple pay, PayPal, PayU, credit cards. The currently used payment methods will be made available on the Website.
  3. The Service Provider is not an operator of the payment methods referred to in sec. 2, but uses the services of relevant payment service providers in this respect.
  4. Paid functionalities of the Content Sharing Service and their prices will be each time indicated on the Website, in particular, the following functions of the Content Sharing Service may be payable: posting Content (announcements, offers, advertisements), highlighting the posted Content and specific types of sales via the Website. The indication will also include the duration of the purchased Service (e.g. the duration of the award) and other features.
  5. To determine the payment and features of the paid Service, the Service Provider may use specific price lists or packages of Services to be purchased (eg an advertisement package), information about which will be each time indicated on the Website each time. Price lists may be changed on the principles analogous to the amendment to the Terms and Conditions.

Final provisions

Art. 17

  1. The Website and activities on the Website are available in Polish and English.
  2. The Terms and Conditions are made available to the User on the Website before the conclusion of the contract, and also – at his request – in a form that allows the acquisition, playback and recording of the content of the Terms and Conditions using the ICT system used by the User, including in particular downloading, copying, downloading. and saving on the User’s device.
  3. The Terms and Conditions are an integral part of the contract for the Electronic Service.
  4. The User has the right to file a complaint referred to in the Terms and Conditions as well as to use other claims resulting from legal provisions. The User has the right to use extrajudicial means of redress, including in particular:
    • The User has the right to file a complaint referred to in the Terms and Conditions as well as to use other claims resulting from legal provisions. The User has the right to use extrajudicial means of redress, including in particular:
    • arbitration, including, in the case of a User who is a Consumer, permanent arbitration courts at the Trade Inspection;
  5. The Terms and Conditions may be changed, including by changing the payment or introducing new payments. The amended Terms and Conditions are made available in accordance with paragraph 2 and applies to activities performed after it is made available, in particular, the amendment to the Terms and Conditions does not apply to the Electronic Service that the User started using before making it available, with the proviso that in relation to Electronic Services of a continuous nature in the event of a change in the Terms and Conditions during the period of validity of these Electronic Services, amendments to the Terms and Conditions shall bind the User if he does not terminate the contract for such Electronic Services within 14 days from the date of making the amendment to the Terms and Conditions available.
  6. In all matters regulated by the Terms and Conditions or regarding the use of the Website or Services, the provisions of Polish law (choice of law) shall apply, however, in relation to Consumers, the choice of law referred to in this paragraph does not deprive the Consumer of the protection granted to him under the provisions, which cannot be derogated from by contract under the law which would have been applicable under applicable law in the absence of an option.
  7. In matters not covered by the Terms and Conditions, generally applicable law shall apply, in particular the Act on consumer rights, the Civil Code and the Act on the provision of electronic services.

Attachment to the Terms and Conditions

INFORMATION ON THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT FOR A USER BEING A CONSUMER OR A NON-PROFESSIONAL ENTREPRENEUR
MODEL NOTICE ON WITHDRAWAL FROM THE CONTRACT

The right to withdraw from the contract You have the right to withdraw from the contract regarding the Service within 14 days without giving any reason, subject to the provisions of the Terms and Conditions indicating cases in which the right to withdraw from the contract is not available.

The deadline to withdraw from the contract will expire after 14 days from the date on which you concluded the contract for the Services. To exercise the right of withdrawal, you must inform the Service Provider of your decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or e-mail).
You may use the attached model withdrawal form, but it is not obligatory. To meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Consequences of withdrawal from the contract

In the event of withdrawal from the contract, the contract is considered null and void. In the event of withdrawal from the contract, you will be reimbursed all payments received from you immediately, and in any case no later than 14 days from the date on which you informed about your decision to exercise the right to withdraw from the contract. The reimbursement is made using the same payment methods that were used by you in the original transaction, unless you explicitly agreed to a different solution; in any event, you will not incur any fees related to this return.