Terms of Service
I. General Definitions
Terms of Service – these Terms of Service.
Service – the “kalimsbikes.com” website, operating at https://kalimsbikes.com
Service Provider – the company “Kalim’s Industry Kamil Siwek”, registered at: Pracownicza 12/1, 15-340 Białystok, Poland, Tax ID (NIP): 5423235026.
User/Consumer – any natural person who accesses the Service and uses the services provided through the Service by the Service Provider.
Electronic Communication – communication between the parties via electronic mail (e-mail) and contact forms available on the website.
II. General Provisions
These Terms of Service set out the rules for the operation and use of the Service and define the scope of rights and obligations of Users and the Service Provider related to the use of the Service.
The subject of the Service Provider’s services is to provide free-of-charge tools in the form of the Service, enabling Users to access content such as posts, articles and audiovisual materials, or web applications and electronic forms.
Any content, articles, and information published on the Service that has the character of tips or advice constitutes only a general collection of information and is not addressed to individual Users. The Service Provider is not liable for its use by Users.
The User assumes full responsibility for the manner in which materials made available through the Service are used, including for using them in accordance with applicable law.
The Service Provider does not provide any guarantee as to the usefulness of the materials placed on the Service.
The Service Provider is not liable for any damages incurred by Users of the Service or third parties in connection with the use of the Service. All risk associated with using the Service, and in particular with using and applying information placed on the Service, is borne by the User using the Service.
III. Terms of Use of the Service
Use of the Service by each User is free of charge and voluntary.
Users are obliged to read the Terms of Service and other documents forming an integral part thereof, and must accept their provisions in full in order to continue using the Service.
Users may not use any personal data obtained through the Service for marketing purposes.
Technical requirements for using the Service:
- a device with a display enabling the viewing of websites,
- an internet connection,
- any web browser that displays websites in accordance with the standards and recommendations of the W3C Consortium and supports websites made available in HTML5,
- JavaScript support enabled,
- Cookie support enabled.
In order to ensure the security of the Service Provider, the User, and other Users using the Service, all Users of the Service should follow generally accepted online safety rules.
Users, whether acting personally or through software, are prohibited from:
- decompiling and analyzing the source code without written consent,
- causing excessive load on the Service’s server without written consent,
- attempting to detect vulnerabilities in the Service’s security and server configuration without written consent,
- attempting to upload or inject code, scripts, and software into the server or database that could damage the Service’s software, other Users, or the Service Provider,
- attempting to upload or inject code, scripts, and software into the server or database capable of tracking or stealing data from Users or the Service Provider,
- undertaking any actions aimed at damaging or blocking the operation of the Service or preventing the fulfillment of the purpose for which the Service operates.
In the event of the discovery of an actual or potential cybersecurity incident or a GDPR violation, Users should first report this fact to the Service Provider in order to quickly resolve the problem/threat and protect the interests of all Users of the Service.
IV. Terms and Rules of Registration
Users may use the Service without the need for registration.
Users must be registered and have an account in the Service in order to use additional services provided within the Service that are available only to logged-in Users.
Registration in the Service is voluntary.
Registration in the Service is free of charge.
Each User may hold only one account in the Service.
Technical requirements related to account registration:
- possession of an individual e-mail account.
Users registering in the Service consent to the processing of their personal data by the Service Provider to the extent they were entered into the Service during the registration process, as well as any subsequent changes or deletion thereof.
The Service Provider has the right to suspend or delete User accounts at its own discretion, thereby preventing or restricting access to individual or all services, content, materials and resources of the Service, in particular if a User violates the Terms of Service, generally applicable laws, principles of social coexistence, or acts to the detriment of the Service Provider or other Users, or the legitimate interest of the Service Provider and third parties cooperating (or not) with the Service Provider.
All services of the Service may be changed in terms of their content and scope, added or removed, and may also be temporarily suspended, or access to them may be restricted, at the free discretion of the Service Provider, without the possibility of Users objecting in this regard.
Additional security rules regarding account use:
- Users registered in the Service are prohibited from sharing their account login and password with third parties.
- The Service Provider has no right to, and will never, request a User’s account password.
Account deletion:
- Every User with an account in the Service has the option to delete their account from the Service independently.
- Users may do so after logging into the panel on the Service.
- Deletion of an account results in the deletion of all identifying data of the User and the anonymization of the username and e-mail address.
V. Terms of Provision of the Newsletter Service
Users may use the Service without the need to subscribe to the Newsletter.
Subscribing to the Newsletter service is voluntary.
Subscribing to the Newsletter service is free of charge.
Technical requirements related to the Newsletter service:
- possession of an individual e-mail account.
Terms of providing the Newsletter service:
- providing an individual e-mail account in the electronic form,
- verification of the provided e-mail account by activating the link sent to it,
- consent to receiving e-mail notifications.
Scope of the Newsletter service:
- notifications of new updates, posts, competitions, and other promotional campaigns related to the services of the Service,
- notifications of promotional campaigns run by partners of the Service (marketing messages).
Unsubscribing from the Newsletter service:
- Every User subscribed to the Newsletter service has the option to unsubscribe from the service independently.
- Users may do so via the link included in every e-mail message sent.
- Unsubscribing from the Newsletter service results in the deletion of the provided e-mail address from the Service Provider’s database.
VI. Terms of Communication and Provision of Other Services on the Service
The Service provides services and tools enabling Users to interact with the Service in the form of:
- a contact form,
- commenting on posts and articles.
The Service provides contact information in the form of:
- an e-mail address.
In the event of contact between a User and the Service Provider, the User’s personal data will be processed in accordance with the “Privacy Policy”, which constitutes an integral part of the Terms of Service.
Terms for posting content by Users on the Service:
- It is prohibited to post content on the Service that is offensive or defamatory towards the Service Provider, other Users, third parties, and third-party entities.
- It is prohibited to post textual, graphic, audiovisual materials, scripts, programs, and other works on the Service for which the User does not hold a license, or whose copyright holder has not consented to free publication.
- It is prohibited to post vulgar, pornographic, erotic content, or content inconsistent with Polish and European law on the Service, as well as links to websites containing such content.
- It is prohibited to post scripts and programs that place excessive load on the server, illegal software, software used to breach security, and other similar actions, as well as links to websites containing such materials.
- It is prohibited to post marketing content and advertisements for other commercial websites, products, services, or commercial websites on the Service.
VII. Collection of Data about Users
In order to properly provide the services of the Service, protect the legitimate legal interest of the Service Provider, and ensure the Service’s compliance with applicable law, the Service Provider, through the Service, collects and processes certain data about Users.
In order to properly provide services, the Service uses and stores certain anonymous information about Users in cookie files.
The scope, purposes, methods, and rules of data processing are available in the attachments to the Terms of Service: the “GDPR Information Obligation” and the “Privacy Policy,” which constitute an integral part of the Terms of Service.
Automatically collected data: For the proper functioning of the Service and for statistical purposes, we automatically collect certain data about the User, including:
- IP address,
- browser type,
- screen resolution,
- approximate location,
- pages of the Service viewed,
- time spent on a given page of the Service,
- operating system type,
- address of the previous page,
- referring page address,
- browser language,
- internet connection speed,
- internet service provider.
Anonymous demographic data based on Google Analytics data:
- gender,
- age,
- interests.
Anonymous data necessary for serving advertisements:
- data related to remarketing,
- data related to reporting on displayed advertisements.
The above data is obtained through the Google Analytics script and is anonymous.
Data collected during registration: Username, first and last name, e-mail address. In the case of logged-in Users (with an account on the Service), a User identifier linked to the User’s account may be placed in cookie files stored on the User’s device.
Data collected when subscribing to the newsletter: E-mail address.
VIII. Copyright
The owner of the Service and the copyright to the Service is the Service Provider.
Some data placed on the Service is protected by copyright belonging to companies, institutions, and third parties not affiliated in any way with the Service Provider, and is used on the basis of licenses obtained, or based on a free license.
Pursuant to the Act of February 4, 1994 on Copyright and Related Rights, it is prohibited to use, copy, reproduce in any form, or store in search engines — excluding Google, Bing, Yahoo, NetSprint, DuckDuckGo, Facebook, and LinkedIn search engines — any articles, descriptions, photographs, and any other content, graphic, video, or audio materials found on the Service without the written consent, or consent given via Electronic Communication, of their lawful owner.
In accordance with the Act of February 4, 1994 on Copyright, simple press information, understood as information alone, without commentary and evaluation by its author, is not subject to protection. The author understands this as the possibility of using information from texts posted on the Service, but not copying entire articles or parts thereof, unless this has been indicated in the particular material made available on the Service.
IX. Order Fulfillment Time
The order fulfillment time is up to 15 business days from the moment the payment is credited and the complete order specification is received by the Service Provider. In the event that it becomes necessary to extend the fulfillment period, the Service Provider will immediately inform the User of the anticipated delivery time and will allow the User to cancel the order without incurring any costs, if the new deadline is not accepted by the User.
X. Individual Character of the Products and No Right of Return
Each bicycle offered by Kalim’s Bikes is created to the Customer’s individual order via the configurator available on the website, which allows the product to be customized to the user’s personal preferences.
Pursuant to Article 38 of the Act of May 30, 2014 on Consumer Rights, the right to withdraw from a distance contract does not apply to contracts:
- for the provision of services, if the trader has fully performed the service with the express consent of the consumer,
- in which the subject of performance is an item that is not prefabricated, manufactured according to the consumer’s specifications, or used to satisfy the consumer’s individualized needs.
In view of the above, the User does not have the option to withdraw from the contract or to return the ordered bicycle, as each unit is a product made according to the Customer’s individual specification.
XI. Complaints
In the event of a physical or legal defect in the product, the User has the right to file a complaint in accordance with the provisions of the Civil Code regarding statutory warranty (Articles 556 et seq. of the Civil Code).
Complaints should be submitted:
- electronically to: kontakt@kalimsbikes.com,
- or in writing to: Kalim’s Industry Kamil Siwek, ul. Pracownicza 12/1, 15-340 Białystok.
A complaint notification should include:
- the Customer’s contact details,
- the order number,
- a description of the defect and the circumstances of its discovery,
- the Customer’s demand (repair, replacement, price reduction, withdrawal from the contract).
The Service Provider will process the complaint within 14 calendar days of its receipt. If the complaint is upheld, the Service Provider bears the costs of returning the defective goods and of their re-shipment to the Customer.
In the case of consumer complaints, the provisions of the Act of May 30, 2014 on Consumer Rights and the Civil Code, as amended effective January 1, 2023, apply.
XII. Amendments to the Terms of Service
All provisions of the Terms of Service may be unilaterally amended by the Service Provider at any time, without stating reasons.
Information about a change to the Terms of Service will be sent via Electronic Communication to Users registered in the Service.
In the event of a change to the Terms of Service, its provisions take effect immediately upon publication for Users who do not have an account in the Service.
In the event of a change to the Terms of Service, its provisions take effect after a 7-day transitional period for Users who have accounts in the Service registered before the change to the Terms of Service.
Any User who continues to use the Service after a change to the Terms of Service is deemed to accept it in full.
XIII. Final Provisions
The Service Provider is not liable in any way, except as permitted by applicable law, for content transmitted and published on the Service by Users, for their truthfulness, reliability, authenticity, or legal defects.
The Service Provider will make every effort to ensure that the Service’s services are offered continuously. However, it bears no liability for disruptions caused by force majeure or unauthorized interference by Users, third parties, or the operation of external automated programs.
The Service Provider reserves the right to change any information placed on the Service at a time chosen by the Service Provider, without the need for prior notice to Users using the Service’s services.
The Service Provider reserves the right to temporarily, fully or partially disable the Service in order to improve it, add services, or carry out maintenance, without prior notice to Users.
The Service Provider reserves the right to permanently disable the Service, without prior notice to Users.
The Service Provider reserves the right to assign, in part or in whole, any of its rights and obligations related to the Service, without the consent of, or the possibility of raising any objection by, Users.
Current and previous versions of the Terms of Service can be found on this subpage, below the current Terms of Service.
For all matters related to the operation of the Service, please contact the Service Provider using one of the following forms of contact:
- using the contact form available on the Service,
- by sending a message to the e-mail address: hello@kalimsbikes.com,
- by phone at: +48 663 133 099.
Contact using the indicated means of communication is permitted exclusively for matters related to the operation of the Service.
