Terms & Conditions

effective from 11 APRIL 2025
(with subsequent changes and updates)

§ 1 Definitions

Terms and Conditions - the current Terms and Conditions of the online Shop capmyride.com published on the Seller's website operated at the address www.capmyride.com
Seller - Hurtownia Misericordia Alina Odój, 43-300 Bielsko-Biała, ul. Wapienicka 4a, entered in the Central Register and Information on Economic Activity (CEIDG), VAT ID (NIP) 6422611841, Regon 277937611, tel. 792 503 657, email: [email protected]
Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality but with legal capacity
Consumer - a Customer purchasing Goods for purposes not related to their business or professional activity
Wholesale buyer - a Customer purchasing Goods usually comprising a large number of individual units for purposes related to their business or professional activity, e.g. a Shop, a Parish
Shop - the online shop operated by the Seller on its web portal at the address www.capmyride.com
Goods - a product sold via the Shop
Order - a declaration of will by the Customer aimed directly at concluding a distance sales agreement with the Seller for the Goods indicated by the Customer,
Goods Purchase Agreement - a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer by means of distance communication; it is concluded when the Shop accepts the Customer's Order.
User - any natural person who uses the Shop, including the Customer.

§ 2 General provisions

These Terms and Conditions set out the detailed conditions for the sale of Goods via the online Shop available at the web address www.capmyride.com (hereinafter the Shop), as well as the rules for using the Shop, methods of delivery and payment, the Customer's right to withdraw from the Goods Purchase Agreement and the complaints procedure.
The Shop is operated by the Seller.
The Terms and Conditions are available in the Shop in a form that allows them to be downloaded, recorded, saved and printed.
Before starting to use the Shop, everyone should read these Terms and Conditions.
Before placing an Order, the Customer is obliged to read these Terms and Conditions carefully. By confirming the placement of an Order in the Shop, the Customer simultaneously - by ticking the relevant box visible during the ordering process - declares that they have read the Terms and Conditions and accepted the provisions contained therein, and that they consent to the processing of personal data by the Seller for the purpose of fulfilling the Order.
The Customer undertakes to:
a) not providing content of an unlawful nature, infringing the rights or personal interests of third parties, contrary to good practice or the principles of social coexistence,
b) complying with the law when using the Shop, including copyright regulations,
c) using the Shop in accordance with its intended purpose and refraining from any actions that could affect the proper functioning of the Shop,
d) exercising due care in defining the password and login, and keeping the access password and login to their account in the Shop confidential,
The Seller is not liable for the consequences of the Customer disclosing login details to third parties.
All information, Goods designs, Goods photos and their names are protected by copyright in accordance with art. 17 of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), and may also be registered trademarks or utility designs. Copying and distributing them, using them for commercial purposes or presenting them on other websites without the Seller's consent is prohibited.

§ 3 Technical requirements

To use the Shop, including browsing the Goods offered, placing Orders, creating and using an individual account and receiving information about announcements, new products, promotions and sales, you need access to the Internet and a computer or mobile device with the following minimum technical specifications: Minimum requirements:
a) a computer with a 1.0 GHz processor,
b) 1024 MB of RAM,
c) approx. 200 MB of free hard disk space,
d) a graphics card supporting a screen resolution of at least 1024×768 pixels,
e) Internet access,
f) the latest Flash Player multimedia plugin. Recommended requirements:
a) a computer with a 2.0 GHz processor or faster,
b) 2048 MB of RAM or more,
c) approx. 300 MB of free hard disk space,
d) a graphics card supporting a screen resolution of at least 1024×768 pixels,
e) Internet access,
f) the latest Flash Player multimedia plugin. System requirements:
a) Microsoft Windows operating system (XP/Vista/7/8/8.1),
b) Microsoft .NET Framework 4.5 or newer.
The Shop's website was created using Responsive Web Design (RWD) technology, which means it automatically adapts to the resolution of the device on which it is displayed.
The Shop is not obliged to provide the devices and/or software necessary to meet the above requirements.
The installation of additional software (indicated in section 1) is subject to a separate licence between the Customer and the licensor.

§ 4 Type and scope of services provided

Through the Shop, the Seller provides the following services to Customers:
a) providing the Customer with an individual account in the Shop, allowing the purchase of Goods and use of the Shop's services,
b) enabling the User to purchase Goods,
c) providing the Customer (with their consent) with free information about new products, promotions and sales (newsletter).
The agreement for the service of setting up and maintaining an account in the Shop is concluded when the Customer completes the registration form, accepts the Terms and Conditions, consents to the processing of personal data by the Seller and confirms the intention to create an account by clicking "REGISTER".
- The Customer may delete their account in the Shop at any time and without giving reasons. Deleting the account is equivalent to terminating the account maintenance service agreement. To do so, send a request to delete the account to the email address: sklep@capmyride.com
The agreement for the newsletter service is concluded when the Customer ticks the relevant box (check-box) consenting to receive the newsletter. Before giving consent, the Customer should read and accept the Terms and Conditions.
- The Customer may unsubscribe from the newsletter at any time, without giving reasons, e.g. by sending an email to: sklep@capmyride.com, by clicking the link in the received newsletter message or using the "UNSUBSCRIBE FROM NEWSLETTER" option available in their profile in the Shop.

§ 5 Acceptance and fulfilment of Goods Orders

Orders for Goods can be placed 24 hours a day, 7 days a week all year round, except for technical and maintenance breaks.
To place an Order in the Shop, an active email account is required.
The Customer assembles the Order by selecting the Goods they are interested in by clicking "ADD TO CART". After assembling the entire Order and indicating the delivery method and payment form in "YOUR CART", the Customer places the Order: a) by logging into an individual account - after registering an account and logging in using the appropriate login and password, or b) without the need to register an account, simply by completing the relevant electronic form in the Shop, provided the Terms and Conditions are accepted. This option does not apply to Wholesale buyers - for them, registering an individual account is required, followed by selecting the "ORDER" button.
Each time before placing an Order, the Customer is informed of the total price for the selected Goods and delivery, as well as all additional costs they are obliged to incur in connection with the Goods Purchase Agreement.
After placing an Order, the Customer receives an email confirmation of acceptance of the Order. The confirmation includes a list of the Goods ordered by the Customer, their unit prices, the total price, the cost and time of delivery.
An Order placed by the Customer will be fulfilled provided the Goods are available in stock. If the Goods are unavailable, the Shop posts relevant information about this on the Shop's website next to the description of the given Goods, whereby the absence of such information on the Shop's website does not mean that the given Goods are available. If Goods are unavailable and there was no relevant information next to their description, the Customer will be notified by email that the Order cannot be fulfilled.
The Customer may decide either on partial fulfilment of the Order together with a refund for unavailable Goods (if payment for the Goods has been made), or to extend the Order fulfilment time due to waiting for the missing Goods, to replace the missing Goods with another, or to cancel the entire Order.
If the Customer is a Consumer, the Seller is obliged to deliver the Goods to the Consumer no later than thirty days from the date of conclusion of the Goods Purchase Agreement, unless the contract provides otherwise. In the event of the Seller's delay, the Consumer may set an additional deadline for delivery of the item and, after it has expired ineffectively, may withdraw from the contract. The Seller will then refund the entire sum received, if a payment was made in connection with the fulfilment of the Order.
In the case of personalised Goods (in particular top caps and other products with individual engraving or a design prepared according to the Customer's guidelines), the Customer is obliged to carefully check the content submitted for personalisation and the content of the designs/visualisations sent by the Shop for approval before the final confirmation of the Order.
Please carefully check the correctness of the spelling and content (in particular: first names, surnames, dates, numbers, markings, signatures, slogans) submitted for personalisation. The Seller is not liable for errors in the texts (including typos, spelling and factual errors) and other irregularities resulting from content provided by the Customer or accepted by them for execution.

§ 6 Prices

Payments for ordered Goods are made exclusively in the form of prepayment, via electronic payment methods handled by external payment operators: WooPayments, Przelewy24 and Stripe.
The following online payment methods are available in the Shop in particular (depending on the current offer of the payment operators):
a) instant online transfer (fast online payments),
b) BLIK,
c) payment by debit or credit card (e.g. Visa, Mastercard, etc.),
d) Apple Pay,
e) Google Pay.
Fulfilment of the Order begins after the Shop receives confirmation of the correct execution of the payment operation from the relevant payment operator.
The Wholesale buyer will be entitled to a discount specified in the individual commercial terms agreed with them.
The Shop reserves the right to change the prices of Goods in its offer, introduce new Goods to the shop's offer, and run promotional campaigns on the shop's pages. The above right does not affect the prices of Goods in Orders placed before the effective date of the price change, the terms of promotional campaigns or sales.
A VAT invoice is issued at the Customer's request.

§ 7 Payment methods

Payments for ordered Goods are made exclusively in the form of prepayment, via electronic payment methods handled by external payment operators: WooPayments, Przelewy24 and Stripe.
The following online payment methods are available in the Shop in particular (depending on the current offer of the payment operators): a) instant online transfer (fast online payments),
b) BLIK,
c) payment by debit or credit card (e.g. Visa, Mastercard, etc.),
d) Apple Pay,
e) Google Pay. Fulfilment of the Order begins after the Shop receives confirmation of the correct execution of the payment operation from the relevant payment operator.
Shop does not offer: a) payment on delivery (cash on delivery),
b) cash payment,
c) personal collection combined with payment on site.
The detailed payment rules (including any fees or commissions on the Customer's side) result from the terms of service of the relevant payment operators (WooPayments, Przelewy24, Stripe) and the banks servicing the Customer. The Shop does not charge additional handling fees for choosing a particular payment method, unless expressly indicated otherwise on the Shop's website.

§ 8 Delivery method and receipt of Goods

§ 8 Delivery method and receipt of Goods
Delivery is carried out exclusively within the European Union.
Delivery is made to the address indicated by the Customer or to a selected pickup point, via the following delivery methods:
a) InPost courier,
b) DPD courier,
c) InPost Parcel Lockers 24/7,
d) DPD Pickup (pickup points/send-and-collect parcels).
The Shop does not offer personal collection of Goods at the Seller's premises or at any other physical location.
Before placing an Order, the Customer is informed of the delivery costs. The delivery costs and conditions within Poland are specified in the "Delivery time and costs" tab on the Shop's website. The delivery costs and conditions to other European Union countries are agreed individually with the Customer.
Goods available in stock are usually shipped within 1-2 business days of confirmation of the Order and the Shop's receipt of confirmation of the correct execution of the payment operation by the payment operator.
The purchase fulfilment time, after selecting "ADD TO CART", depends on the availability of the Goods indicated on the Shop's website. Merely adding Goods to the cart does not mean that they are currently available.
The delivery time results from the currently applicable terms of service of the logistics operator (e.g. InPost, DPD) selected by the Customer.
At the time of shipping the Goods, the Customer receives an email confirming dispatch of the parcel and a tracking number that allows the delivery status to be tracked.
Together with the parcel, the Customer receives a document confirming the purchase - a receipt or a VAT invoice. The Customer consents to the issuance and sending of a VAT invoice without the recipient's signature.
It is recommended that, before collecting the parcel from the courier or parcel locker, the Customer checks whether the packaging was damaged in transit. If damage is found, it is recommended to draw up a damage report (where possible in the presence of the courier) and to contact the Seller immediately.

§ 9 Complaints

The Seller is liable to the Customer if the sold Goods have a physical or legal defect (warranty), under the terms specified in the Civil Code.
The Seller is released from warranty liability if the Customer was aware of the defect at the time of concluding the contract.
If a defect in the Goods is found, the Customer has the right to file a complaint within 2 years from the date of delivery of the Goods and within 1 year from the day the defect was found. The Customer may demand repair of the Goods, replacement with a defect-free item, a price reduction or - if the defect is significant - withdrawal from the sales agreement. The Goods being complained about should be returned to the address: Hurtownia Misericordia Alina Odój, ul. Wapienicka 4a 43-382 Bielsko-Biała together with a description of the defect and a specification of the demand (repair, replacement, price reduction or withdrawal from the contract). The Shop provides Customers with a model "Complaint Form" - its use is not mandatory.
The Seller will respond to the complaint within 14 days of receiving the parcel with the Goods being complained about and will inform the Customer of the further procedure. If the complaint is found to be justified, the Shop refunds the Customer's justified costs of returning the Goods, using the same refund method as the Customer used in the original transaction, unless the Customer agrees to a different refund method.
Some Goods may be covered by an additional manufacturer's or distributor's guarantee, of which the Shop informs on the page of the given Goods. The detailed warranty terms and its duration are specified in the warranty card issued by the guarantor.
The Customer may exercise the rights arising from the guarantee (directly from the manufacturer or distributor, at the indicated service points) or the rights they have against the Seller under the warranty - the choice is up to the Customer.
Complaints regarding services provided electronically (in particular irregularities in the functioning of the Shop) should be submitted to the email address: [email protected] or in writing to the Seller's address indicated in section 4. The complaint should include the first and last name (or company name), correspondence address and a description of the issues raised. The Seller will consider the complaint within 14 days of receiving it.
A complaint regarding damage to or destruction of the Goods in transit can only be effectively submitted if the damage was found upon receipt of the parcel and - where possible - noted in a damage report drawn up with a representative of the courier company.
In the case of personalised Goods (in particular top caps and other products with individual engraving, design or content prepared at the Customer's request), complaints cannot concern the content and appearance of the personalisation if they correspond to the design or content previously approved by the Customer.
The Seller is not liable for errors in the texts and content submitted for personalisation or accepted by the Customer for execution, in particular for typos, spelling, punctuation and factual errors, incorrectly provided dates, first names, names or markings. Complaints based solely on this type of irregularity on the Customer's side will not be accepted.

§ 10 Out-of-court methods of handling complaints and pursuing claims

The Consumer may use out-of-court methods of handling complaints and pursuing claims. Detailed information about these procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations, the Provincial Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
In particular, the Consumer may:
a) apply to the permanent amicable consumer court operating at the Trade Inspection for resolution of a dispute arising from the Sales Agreement,
b) apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable resolution of a dispute between the Consumer and the Seller,
c) obtain free legal assistance in resolving the dispute from the district (municipal) consumer ombudsman or from social organisations whose statutory tasks include consumer protection,
d) lodging a complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

§ 11 Withdrawal from the Goods Purchase Agreement (consumer right to return)

A Consumer who has concluded a distance Goods Purchase Agreement through the Shop has the right - in accordance with art. 27 of the Act of 30 May 2014 on Consumer Rights - to withdraw from it without giving a reason within 14 days.
The 14-day period for withdrawal from the Agreement is counted:
a) from the day on which the Consumer or a third party indicated by them (other than the carrier) took possession of the Goods,
b) in the case of multiple Goods delivered separately, in batches or in parts - from the day of taking possession of the last item, batch or part.
The right to withdraw from the Goods Purchase Agreement does not apply to the Consumer in the cases specified in art. 38 of the Consumer Rights Act, in particular for contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the provision began that they would lose the right of withdrawal once it had been performed,
b) for the supply of audio or visual recordings or computer software in sealed packaging, if the packaging was opened after delivery,
c) for the supply of digital content not stored on a tangible medium, if the performance began with the express consent of the Consumer before the expiry of the withdrawal period and after being informed of the loss of the right of withdrawal,
d) in which the Goods are delivered in sealed packaging and, after opening, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery,
e) in which the subject of the performance are Goods which, after delivery, due to their nature, become inseparably combined with other items,
f) being newspapers, periodicals or magazines,
g) in which the subject of the performance are Goods non-prefabricated, manufactured to the Consumer's specifications or serving to meet their individualised needs, in particular personalised Goods (e.g. top caps and other products with individual engraving, design, text or artwork made in accordance with the Consumer's order).
With regard to the personalised Goods referred to in section 3 letter g), the Consumer is not entitled to the right of withdrawal from the contract after they have been made in accordance with the approved design.
Please carefully check the correctness of the spelling and content of the designs sent by the Shop for approval (in particular first names, surnames, dates, numbers, slogans, signatures and other text elements). The Seller is not liable for errors in the texts (typos, spelling and factual errors) and other irregularities in the content approved by the Customer for execution.
To exercise the right of withdrawal from the Goods Purchase Agreement (in cases where this right applies), the Consumer should submit an unequivocal statement of withdrawal to the Seller - for example:
a) by post to the address:
Hurtownia Misericordia Alina Odój
ul. Wapienicka 4a
43-300 Bielsko-Biała,
b) electronically to the email address: [email protected]. The Shop may provide the Consumer with a model "Withdrawal Form", however its use is not mandatory.
Upon receiving the statement of withdrawal from the contract, the Seller will promptly confirm its receipt electronically (if the Consumer provided an email address).
To meet the withdrawal deadline, it is sufficient to send the statement of withdrawal before the 14-day period expires.
In the event of effective withdrawal from the Goods Purchase Agreement, the Seller refunds the Consumer all payments received from them, including the costs of delivering the Goods (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Shop).
The refund will be made using the same payment method as the Consumer used in the original transaction, unless the Consumer expressly agrees to a different refund method that does not involve any costs for them.
The Seller may withhold the refund until the Goods are received back or until the Consumer provides proof of their return - whichever event occurs first.
The Consumer should return the Goods (together with the fiscal receipt or - if issued - the VAT invoice) to the address:
Hurtownia Misericordia Alina Odój
ul. Wapienicka 4a
43-300 Bielsko-Biała
promptly, no later than within 14 days from the day of informing the Seller of the withdrawal from the contract. The deadline is considered met if the Consumer sends the Goods before it expires.
The Consumer bears the direct costs of returning the Goods (the cost of sending the parcel back to the Seller).

§ 12 Protection of personal data

The administrator of the personal data provided in the Shop is Hurtownia Misericordia Alina Odój, with its registered office in Bielsko-Biała (43-300), ul. Wapienicka 4a, entered in the Central Register and Information on Economic Activity, VAT ID (NIP): 6422611841, REGON: 277937611.
The personal data administrator can be contacted:
a) by post - to the registered office address: ul. Wapienicka 4a, 43-300 Bielsko-Biała,
b) by phone - at the number: 792 503 657,
c) by email - to the address: [email protected].
The personal data of Users and Customers are processed in accordance with the provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and other applicable legal provisions.
Personal data may be processed for the following purposes:
a) setting up and maintaining an account in the online Shop at the address www.capmyride.com - on the basis of art. 6 sec. 1 letter b) GDPR (performance of the contract),
b) fulfilling Orders and Sales Agreements concluded through the Shop - on the basis of art. 6 sec. 1 letter b) GDPR,
c) fulfilling legal obligations incumbent on the Administrator (in particular regarding accounting and taxes) - on the basis of art. 6 sec. 1 letter c) GDPR, for the period required by law,
d) sending the newsletter and commercial information (if the User has given separate consent) - on the basis of art. 6 sec. 1 letter a) GDPR, until consent is withdrawn,
e) establishing, pursuing or defending against possible claims - on the basis of art. 6 sec. 1 letter f) GDPR (the Administrator's legitimate interest), for the limitation period for claims resulting from the law.
Personal data may be transferred to entities cooperating with the Administrator to the extent necessary to achieve the purposes indicated in section 4, in particular:
a) IT service providers,
b) courier companies and logistics operators,
c) payment operators,
d) accounting offices,
e) entities providing customer service.
The User has the right to:
a) access to their personal data,
b) rectification (correction) of data,
c) erasure of data (the "right to be forgotten"),
d) restriction of processing,
e) data portability,
f) objecting to the processing - in the cases specified in the GDPR provisions,
g) withdrawing consent to data processing at any time (to the extent that processing is based on consent), which does not affect the lawfulness of processing carried out before the withdrawal of consent.
The User also has the right to lodge a complaint with the supervisory authority for personal data protection (the President of the Personal Data Protection Office).
Providing personal data is voluntary but necessary to set up an account in the Shop, place an Order and conclude and perform the Goods Sales Agreement. Refusal to provide data may make it impossible to use certain functionalities of the Shop or to conclude the Sales Agreement.
The Shop uses cookies, which are saved by the browser on the disk of the User's device. Cookies are used, among other things, to:
a) ensuring the proper operation of the Shop,
b) facilitating the use of the Shop (e.g. remembering the cart contents),
c) adapting the Shop to the User's preferences. The User can manage cookie settings in their web browser, including blocking their use. However, limiting the use of cookies may affect some functionalities of the Shop.
Detailed information on the processing of personal data and cookies is contained in the Privacy Policy available on the Shop's website.

§ 13 Final provisions

The Goods Purchase Agreement is concluded between the Customer and the Seller in accordance with Polish law and in the Polish language.
None of the provisions of these Terms and Conditions is intended to limit or exclude the Customer's rights arising from mandatory legal provisions. In the event of a conflict between the provisions of the Terms and Conditions and such regulations, those regulations shall apply.
If any provision of the Terms and Conditions is found to be invalid or ineffective, this does not affect the validity of the remaining provisions. In place of the invalid provision, the relevant legal regulations shall apply.
In matters not regulated in the Terms and Conditions, the provisions of Polish law shall apply, in particular:
a) the Civil Code,
b) the Act of 30 May 2014 on Consumer Rights,
c) the Act of 18 July 2002 on Providing Services by Electronic Means,
d) other generally applicable legal provisions.
The current version of the Terms and Conditions is always available on the Shop's website at the address www.capmyride.com. The Terms and Conditions may be saved by the Customer by recording them on a durable medium or printing them.
The Seller reserves the right to change the Terms and Conditions for important reasons, in particular:
a) changes in legal regulations,
b) organisational or technical changes in the operation of the Shop,
c) expansion or change of the Goods offer.
Customers will be informed of changes to the Terms and Conditions at least 7 days before the planned date of entry into force by making the new content of the Terms and Conditions available on the Shop's website and - in the case of Customers with an account - by sending information to the email address linked to the account.
A Customer who does not accept the changes to the Terms and Conditions may, within 7 days of being informed of the changes, request the deletion of their account in the Shop. Submitting such a request does not affect the validity of Sales Agreements concluded before the changes to the Terms and Conditions came into force.
A change to the Terms and Conditions does not affect Orders placed before the date of entry into force of the new version of the Terms and Conditions - they are fulfilled under the previous rules.
Any disputes arising from the Sales Agreement concluded between the Customer and the Seller will be settled by the common court competent in accordance with the provisions of the Code of Civil Procedure.