General regulations www.Wear-Gear.com
Above Sales Conditions apply to the purchase made by the Customer and to the contract that the
Customer concludes with the Seller. Please read these Terms carefully to know your rights and
obligations. You can save or print these terms to be able to read them at a your convenience. The
Seller shall also save the text of the entire Agreement and make it available to the Customer at the
NOTE: Products offered in the online store www.wear-gear.com are sold by the MaxBike company
Tomasz Miśkiewicz with the registered office at Promienista 118, 60-142 Poznań, Poland, NIP: 777-16-47-186, REGON: 300413017 and
registered in the Register of Economic Activities under number: 3252 on 2006.10.09 .
as the ultimate seller, for the purpose of these Terms of Sale, hereinafter referred to as the "Seller".
These Terms and Conditions are valid from September 1, 2018.
1.1. Contract: a contract is an agreement which starts from the moment an offer is made by the
Customer to purchase Products from the Seller and acceptance of the Customer's offer by the
Seller. The contract will be concluded in Polish.
1.2. Client: a person who has placed an order with the Seller.
1.3. Product (s): Gear products offered for sale on the Website and requiring transport and physical
delivery to the Customer.
1.4. Seller: MaxBike Tomasz Miśkiewicz with the office at Promienista 118, 60-142 Poznań, Poland
1.5. Conditions: current Seller's Sales Conditions.
1.6. Website: http://www.wear-gear.com and all relevant subdomains.
2. Terms and Conditions use
2.1. These Terms and Conditions apply to all offers, contracts and deliveries made by the Seller on
the Website, unless agreed otherwise.
3.1. The Seller's sales price given on the website covers all charges of sales, including VAT (if
3.2. All prices and information on the Website should be accurate and complete, but in some
situations there may be errors in prices and other. The customer has no right to rely on a price
which is clearly or significantly lower than the applicable retail price of such product or such
service. If the price of the product or service published by the seller is clearly or significantly lower
than the applicable retail price due to a price error made by the seller, the seller is not obliged to
sell at this price and has the right to cancel the contract with the customer prior to shipment and
delivery. Thus, if the seller has offered a product or service at a price that is significantly or clearly
higher than the current retail price of the product due to a price error and customer accepted the
that price, the seller will allow the customer to cancel the agreement and / or refund the difference
between the customer price and real price.
3.3. Unless otherwise specified on the website and in the ordering process, the seller's delivery
and administrative costs are included in the final price for products. All amounts due and charges
that will be added to the price of the product will be visible to the customer during the ordering
process and before placing the order by the customer.
3.4. The shipping costs of the products are defined on the website in the tab with shipping costs
and specified in the ordering process.
3.5. Payments must be made by debit or credit card or any other payment method offered on the
website. All returns for the customer will be made by the same payment method.
4.1. The contracts will be concluded only through the Website and after the Customer accepts
4.2. When the Customer places an order on the Website, the Seller will confirm receiving and
accepting the order by SMS or e-mail. Until the Customer receive confirmation and the acceptance
from the Seller, the Customer has the right to cancel the order and terminate the Contract.
4.3 Each Contract must be paid before delivery by credit or debit card or other methods offered on
the Website. The products will be sent only after the Seller verifies the payment made by the
4.4. The Customer bears sole responsibility for payment of any fees charged by his bank, the
company issuing the card or another provider of the payment option chosen by the Customer.
5. Acting on the contract
5.1. The Order and the Customer Agreement will be processed and made when the Seller receives
a payment from the Customer. The Seller is not obliged to send any Products before receiving
payment in full for the Product.
5.2. The seller may refuse individual orders for multiple Products with different delivery times or
different delivery addresses.
5.3. If the Seller is not able to ship the Products available on the delivery date provided on the
Website or in the order confirmation, the Seller will inform the Customer and allow the Customer to
terminate the Agreement, in which case all payments made to the Seller will be refunded.
5.4. The risk of loss and damage of the Products remains the responsibility of the Seller until
delivery to the address indicated by the Customer, after which the risk passes to the Customer.
6. The right to withdraw
6.1. The customer (being a consumer) has the right to withdraw from the contract within 14 days
without giving a reason.
6.2. The withdrawal period will expire after 14 days from the date on which the customer physically
receive the Product. In the case of services and digital content that are not delivered in a physical
way, the withdrawal period will expire after 14 days from the day following the conclusion of the
6.3. The Customer may use the model withdrawal form available on the Seller's Website, but it is
not mandatory. If the Customer decides to use such a form, the Customer is required to
electronically complete and send the withdrawal form or other unambiguous statement via the
Website. If the Customer uses this option, the Seller shall immediately provide the Customer with
confirmation of receipt of such withdrawal by e-mail.
6.4. To meet the withdrawal deadline, it is sufficient for the client to send a message regarding the
exercise of the right to withdrawal before the end of the withdrawal period.
7. Responsibilities of the customer during the withdrawal period
7.1. During the withdrawal period, the Customer will deal with the received Products and packaging
with due diligence. The Customer may unpack or use the Product only to the extent necessary to
determine the nature, properties and functioning of the Product. Tip: The Customer may unpack,
use and inspect the Product only to the extent it would be permitted if the Customer purchased the
Product from physical objects, such as a store or a point of sale.
7.2. The Customer is liable for a decrease in the value of the Product if the Customer has used,
damaged or otherwise removed the Product in a manner inconsistent with the point 7.1.
7.3. The Customer shall not be liable for any reduction in the value of the Product if the Seller has
not provided the Customer with all information regarding the right of withdrawal which the Seller is
obliged to transfer in accordance with the law before concluding the Agreement.
8. Execution and cost of withdrawal
8.1. If the Customer withdraws from the Agreement, the Seller will refund to the Customer the
payment received from the Customer, without delivery costs, without undue delay, and in any case
not later than 14 days from the day on which the Seller was informed of the decision to withdraw
from the Agreement. 8.2. The Seller shall make such a return using the same means of payment
the Customer used in the original transaction, unless the Customer clearly indicated otherwise; in
any case, the Customer will not be charged as a result of such a refund. 8.3. The Seller may
suspend the return until the Seller receives the Products or provides the Customer with proof of
sending the Products, whichever is earlier. 8.4. The Customer shall return the Products without
undue delay, and in any case not later than within 14 days of receiving the Products. Unless
explicitly stated otherwise in the Online Store, the Customer will have to bear the direct cost of
returning the Products by post. If, due to its nature, the Product can not be returned by post, the
Customer will have to bear the direct cost of returning the Product. The Customer is only liable for
a reduction in the value of the Products resulting from handling it in a different way than is
necessary to establish the nature, properties and functioning of the Products.
9. Exclusion of the right of withdrawal
9.1. The seller is not obliged to accept the withdrawal and refund of the purchase price in case:
9.1.1. perishable Products or any Products with a limited shelf life;
9.1.2. sealed software, memory (e.g. SD or USB memory), audio or video recordings, if such
products have been unsealed after delivery to the customer;
9.1.3. when the Product has been personalised or made in accordance with the Customer's
specification; to the extent that the Seller clearly indicated on the Website or confirmed in the order
confirmation that such Products are excluded from the right of withdrawal and return.
10. Higher Force
10.1. In the case of higher force (eg strikes, extreme weather conditions), the obligations of the
Seller resulting from the Agreement shall be suspended during the period of it happening.
11. Guarantees on the Product
11.1. The warranty granted by the Seller is limited to the guarantee issued by the producer of
products. Manufacturer's warranties offered to the Customer do not limit or adversely affect the
Customer's rights and remedies resulting from the provisions on consumer protection.
11.2. Manufacturer's warranties are available on the Website.
12. Defects and remedies
12.1. The product is defective or does not comply with the standards if it does not comply with the
description of the manufacturer or the Seller or it can not be used for the normal purposes for
which it is intended. The product is also defective if its quality is not adequate and does not work in
a way that can reasonably be expected.
12.2. If the Product proves to be defective during installation or use or if the Product is not in
conformity with the Agreement, the Customer must inform the Seller within 2 months from the
Customer's detection or discovery of a defect or non-conformity, but no later than one year from
the date of delivery.
12.3. If the Product is defective or does not comply with the standards, the Customer may request
the Seller to remove the defect. The Seller is entitled to determine whether the Product will be
repaired or replaced. If the Seller refuses to remedy the defect or if, within a reasonable time, such
repair is unsuccessful, the Customer will be entitled, at its sole discretion, to return the Product and
request a refund or request a corresponding price reduction if the Customer chooses to retain the
defective Product. The customer's right to claim damages under the law remains unaffected.
12.4. Claims due to defects or incompatibilities can not be brought against the Seller, and the
Seller is not liable to the Customer if and to the extent to which:
12.4.1. The defect arises as a result of or will be the result of abuse or misuse of the product by the
customer, fire, contact with the liquid and similar external causes in relation to the Product;
12.4.2. The defect is caused by the use of the Product by the Customer for purposes inconsistent
with its intended purpose or contrary to the operating instructions, other instructions or instructions
of the manufacturer or the Seller;
12.4.3. The defect will arise as a result of unauthorised repair by the Customer or the use of nonoriginal
spare parts or components.
13. Complaints and dispute resolution
13.1. If the Customer wishes to file a complaint regarding the performance of the Agreement or
provision of services by the Seller in connection with the purchase of the Products by the
Customer, the Customer may contact the Seller using the phone numbers, e-mail address, internet
addresses or postal addresses indicated on the Website. In order for the Seller to handle the
complaint by phone or e-mail, please provide:
13.1.1. order number;
13.1.2. name and address of the Customer;
13.1.3. e-mail adress;
13.1.4. description of the complaint basis; and
13.1.5. what remedies or actions are required from the Seller.
13.2. The Seller will not consider complaints filed via social media (such as Facebook, Twitter) or
will not respond to them, unless such an option is offered on the Website.
13.3. The customer will receive a response to their complaint within 14 days.
13.4. The customer (who is a consumer) can also report and submit a complaint to the online
dispute resolution authorities in a given country indicated on the ODR platform of the European
Commission at http://ec.europa.eu/odr
14.1 The products are manufactured in accordance with the specifications and intended for use in
countries of the European Economic Area or Switzerland (EEA). Guarantees and remedies granted
to customers located in this region may not apply to customers buying Products from outside this
14.2 The Contract and all Products are subject to the applicable export control regulations. The
Customer can not export any Products purchased from the Seller to any country outside of the EU,
if it is prohibited by export control regulations. If the Customer plans to export any Product
purchased from the Seller to another country, the Customer must obtain the required export
licenses (or other government approvals) before doing so.
15. General information
15.1. These Terms and Conditions, all Agreements and disputes between the Seller and the
Customer shall be governed by Polish law and the parties shall submit all disputes to the exclusive
jurisdiction of competent courts in Poznań, Poland.
15.2. If the customer is a consumer, section
15.1 will not act as a restriction in relation to the rights of the customer under consumer protection
law in order to apply the law and report any claims, disputes or conflicts to the competent courts in
the EU country where the customer is located, or from which the purchase was made. Nothing in
this document limits the Customer's use of ODR in accordance with clause 13.
15.3. If the provision of these Terms and Conditions is deemed invalid or unenforceable, this shall
not affect the validity of the remaining provisions of these Terms.
If you have questions, complaints or comments regarding these Terms of Service after reading our
Terms of Service, contact us at any time by sending an email to email@example.com
General regulations www.Wear-Gear.com