Last updated: February 22, 2024

These Terms and Conditions set forth the rules governing the use of our online store at https://motomoshop.com. They contain important information about the Seller, the Store, the ordering process, user rights, and obligations.

§1 Definitions

Business Days – days from Monday to Friday, excluding public holidays.

Civil Code – Polish Act of April 23, 1964, Civil Code.

Consumer – a natural person who purchases products via the Store or takes actions aiming at making a purchase without directly linking the transaction to their business or professional activity.

Account – a digital service (regulated separately) that allows Buyers to use additional features in the Store free of charge.

Buyer – any person or entity placing an order in the Store.

Privileged Buyer – either a Consumer or a Sole Proprietor acting without professional purpose.

Store – the online store Motomo Shop available at https://motomoshop.com.

Seller – Michał Dajcz, operating under the company CACKO GARAGE Michał Dajcz, registered in Poland (NIP: 7712493770, REGON: 363226160), address: Niewierszyn 72, 26-337 Aleksandrów.

Consumer Rights Act – Polish Act of May 30, 2014, on consumer rights.

§2 Contact Information

  • Postal Address: Niewierszyn 72, 26-337 Aleksandrów, Poland
  • Email: contact@motomoshop.com
  • Phone: +48 510 701 201

Calls or data transmissions may incur standard telecom operator charges. International call or data rates may apply depending on your provider’s tariff.

§3 Technical Requirements

To properly use the Store, the following are required:

  • A device with internet access
  • A web browser that supports JavaScript and cookies

To place an order, an active email account is also required.

§4 Purchasing in the Store

  • All product prices displayed in the Store are final and include all applicable taxes.
  • The total order price consists of the product price and—if applicable—delivery costs, as specified at checkout.

Ordering Process:

  1. Add the desired product(s) to your shopping cart.
  2. Choose the delivery method and payment option from those available.
  3. Provide the necessary personal and shipping details to complete the purchase.
  4. Confirm the order and accept these Terms and Conditions.

Placing an order constitutes a binding contract between the Buyer and the Seller.

You may shop as a guest or create a personal account to streamline future orders.

§5 Payment Methods

The following payment methods are available in the Store:

  • Bank transfer (manual payment to the Seller’s account)
  • Credit/debit cards, including:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  • Payment gateways, such as:
    • Shoper Payments
    • Dotpay
    • PayPal
    • PayU
    • Przelewy24
  • Cash on delivery (COD) — payment in cash upon receiving the product (if available in your country or region).

If the Buyer selects a payment gateway, online payments are processed via Tpay.

For prepaid orders, payment must be completed within 5 business days of placing the order.

§6 Order Fulfillment

The estimated order processing time is displayed on the product page.

If the Buyer selects a prepaid option, the order will be processed only after payment is received.

If the order includes multiple items with different processing times, the shipment will follow the latest of those timeframes.

Delivery options may vary by location. Currently, we ship only within Poland.
Available delivery methods include:

  • Courier delivery
  • Polish Post (Poczta Polska)
  • ORLEN Paczka
  • InPost parcel lockers

§7 Right of Withdrawal (Return)

A Privileged Buyer (i.e., Consumer or qualifying Sole Proprietor) has the right to withdraw from a distance sales contract without providing a reason, within 14 days.

The withdrawal period expires 14 days after:

  • the Buyer receives the product, or
  • a third party (not the carrier), designated by the Buyer, receives it

To exercise this right, you must notify us with a clear statement of withdrawal. You may do so via:

You may, but are not required to, use the withdrawal form attached at the end of these Terms.

Deadline Compliance:
The withdrawal period is observed if the statement is sent before the 14-day limit.

Effects of Withdrawal

If you withdraw from the contract:

  • We will refund all payments received from you, including the cost of standard delivery (but not any extra charges for express or non-standard delivery methods).
  • The refund will be processed within 14 days of receiving your withdrawal statement, using the same payment method as the original transaction unless agreed otherwise.
  • We may withhold the refund until we receive the returned goods or proof of shipment, whichever comes first.
  • Please return the goods to:
    Niewierszyn 72, 26-337 Aleksandrów, Poland
    within 14 days from the date you informed us about the withdrawal.

Return shipping costs are the Buyer’s responsibility.
The Buyer is liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature and functioning.

If the product cannot be returned by regular post due to its nature, the estimated return cost will be provided in the product description or at checkout.

In case of a card payment, the refund will be processed to the bank account linked to that card.

§8 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to contracts involving:

Services or goods subject to price fluctuation on financial markets beyond the Seller’s control.

Goods made to the Buyer’s specifications or clearly personalized

Goods that spoil quickly or have a short shelf life

Sealed goods that are not suitable for return due to health protection or hygiene reasons once unsealed

Goods that are inseparably mixed with other items after delivery

Audio/video recordings or software delivered in sealed packaging once unsealed

Newspapers, periodicals, or magazines (except subscription contracts)

§9 Complaints

I. General Provisions

  • The Seller is liable to Privileged Buyers for the conformity of the product with the contract, as required by applicable consumer protection laws.
  • Complaints (including issues with the Store itself) should be submitted to the contact details provided in §2:
  • If a product is covered by a warranty, details will be included on the product page.
  • The Seller will respond to all complaints within 14 days of receiving them.

II. Privileged Buyers (Consumers and Qualifying Sole Proprietors)

If a product is not compliant with the contract, the Buyer may, under consumer law, request:

  • Repair of the product
  • Replacement with a compliant one

Additionally, the Buyer may request:

  • Price reduction
  • Withdrawal from the contract

…if:

  • The Seller refuses to repair or replace the product
  • The repair or replacement is not completed in a reasonable time or without undue inconvenience
  • The product remains non-compliant despite prior repair attempts
  • The non-compliance is significant
  • It is clear from the Seller’s statement or circumstances that the product won’t be made compliant

If repair or replacement is required, the Buyer must make the product available to the Seller. Return shipping is at the Seller’s expense.

A Buyer may not withdraw from the contract if the product’s non-compliance is minor.

In the event of contract withdrawal:

  • The Buyer must return the goods to the Seller at the address above
  • The Seller must refund the Buyer within 14 days of receiving the returned product or return shipment confirmation

In the case of a price reduction, the refund is due within 14 days of receiving the price reduction statement.

Alternative Dispute Resolution (ADR / ODR)

Consumers have the right to use alternative dispute resolution mechanisms. These may include:

These services are generally free and are designed to resolve cross-border shopping disputes.

Note: This section is informative only and does not obligate the Seller to participate in ADR processes.

III. Buyers Other Than Privileged Buyers (e.g., Companies)

  • Buyers not qualifying as Privileged Buyers may file a complaint under general Polish Civil Code warranty provisions.
  • The Seller is liable for material defects discovered within 2 years from the delivery date.
  • Professional Buyers must examine the goods promptly and notify the Seller without delay upon discovering any defect.
  • Remedies may include:
    • Price reduction
    • Withdrawal from the contract (if the defect is significant)
    • Replacement
    • Repair

Defective products must be returned to the Seller’s address for evaluation.

§10 Personal Data

The controller of your personal data submitted when using the Store is the Seller.

Detailed information regarding the processing of personal data—such as purposes, legal bases, and data recipients—is available in our Privacy Policy.

The Buyer’s data is processed for the purpose of fulfilling orders. The legal basis for data processing includes:

  • Performance of a contract or steps taken at the Buyer’s request prior to entering into a contract (Art. 6.1.b GDPR)
  • Legal obligations related to accounting and tax compliance (Art. 6.1.c GDPR)
  • Legitimate interests of the Seller related to potential legal claims (Art. 6.1.f GDPR)

Providing data is voluntary, but necessary for placing an order. Failure to provide data may prevent the conclusion of a sales contract.

Data will be stored until:

  • the contract with the Buyer ends
  • legal obligations expire
  • claims under the contract are no longer possible
  • an objection to data processing (where applicable) is accepted

The Buyer has the right to request:

  • access to their data
  • rectification or deletion
  • restriction of processing
  • data portability
  • object to processing based on legitimate interests

For all matters concerning personal data, please contact us using the details in §2.
Buyers may also file a complaint with the relevant data protection authority.

§11 Legal Notice

  • Users may not submit unlawful content to the Store.
  • Each order constitutes a separate sales agreement and requires acceptance of these Terms.
  • All agreements are subject to Polish law, except where mandatory consumer protections of the Buyer’s country apply.
  • The language of the agreement is English.
  • In case of disputes with non-consumer Buyers, jurisdiction lies with the Polish courts based on the Seller’s registered office.

User Content Policy (Digital Services Act Compliance)

User-generated content

Our website allows users to submit content such as:

  • Product reviews
  • Comments
  • Images or other media

We verify that reviews come from verified buyers, requesting feedback only from those who have purchased the product.

Prohibited content

You may not submit any content that:

  • Promotes hate, terrorism, or illegal discrimination
  • Contains child exploitation material
  • Violates copyrights or privacy
  • Involves cyberstalking, misinformation, or spam
  • Is sexually explicit, abusive, defamatory, or unrelated to our services
  • Misleads users or impersonates others

Reporting illegal content

To report illegal content, email: contact@motomoshop.com
Include the following:

  • Clear explanation of why the content is illegal
  • Exact URL(s)
  • Your name and email (unless prohibited by law)
  • A statement that your report is made in good faith

We will confirm receipt and notify you of the outcome.

Content moderation

We moderate content reactively and proactively. If we restrict or remove user content, we will inform the user (if possible), including the reason and available appeal options. Moderation is carried out in accordance with the EU Digital Services Act (DSA).