§1 Definitions
For the purposes of these regulations, the following terms shall have the following meanings:
- Online Platform – the online platform available at https://off-roadrunner.com, created by the Seller,
- Buyer – a natural person, legal person, or an unincorporated organizational unit,
- Consumer – a natural person entering into an agreement with the Seller not directly related to their business or professional activity,
- Payment Operator – Przelewy24, PayPal,
- Regulations – these regulations,
- Store – the online store available at https://off-roadrunner.com,
- PolskiOffroad Club – an off-road driving fan club operated according to the rules presented on the website: https://polskioffroad.com.pl/klub-polskioffroad/,
- Seller – Wojciech Bednarczyk, conducting business under the name “Polski Offroad Wojciech Bednarczyk”, address: ul. Racławicka 48, 05-200 Majdan, Poland, NIP: 9590035612.
§2 Preliminary Provisions
- Through the Store, the Seller sells electronic products and simultaneously provides electronic services to the Buyer in accordance with § 3 of the Regulations.
- The Regulations define the rules and conditions for using the Store, as well as the rights and obligations of the Seller and the Buyer.
- To make a purchase through the Store, the Buyer’s computer or other device does not need to meet any special technical requirements. The following are sufficient:
- access to the Internet,
- a standard operating system,
- a standard web browser,
- an active email address.
- To use the online platform and the purchased products, the Buyer needs or may find useful:
- a computer, tablet, laptop, smartphone, etc., with Internet access,
- a standard operating system,
- a standard web browser,
- a standard office suite (e.g., Microsoft Office, OpenOffice, LibreOffice),
- a standard PDF viewer (e.g., AdobeReader),
- a standard video player (e.g., WindowsMediaPlayer),
- an active email address,
- a program to unpack .rar files (e.g., WinRar),
- a GPS navigation program that supports KML or GPX files (e.g., Maps.Me).
- The Buyer cannot make a purchase anonymously or under a pseudonym.
- It is prohibited for the Buyer to provide unlawful content, especially by sending such content through forms available in the Store.
- To ensure the security of the Buyer and data transmission in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes actions to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Site.
- Any complaints related to the functioning of the Store can be submitted by the Buyer via email to zelazniak@polskioffroad.com. In the complaint, the Buyer should provide their name, correspondence address, and the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Buyer of its resolution via the email address of the complainant.
- All prices listed in the Store are gross prices.
§3 Electronic Services
- Through the Store, the Seller provides the Buyer with an electronic service that enables the Buyer to enter into an agreement with the Seller for the delivery of digital content in the form of electronic products available in the Store. It is possible to enter into an agreement without having an account in the Store. The procedure for entering into an agreement is described in detail in § 4 of the Regulations.
- Additionally, the Seller provides the Buyer with the option to create an account in the Store. Creating an account is possible during the order process. For Buyers who are members of the PolskiOffroad Club, the account in the Store is created by the Seller, no later than the first business day after joining the Club. Simultaneously, the Seller grants the Buyer a permanent 50% discount on all products in the Store for the duration of the paid membership in the PolskiOffroad Club.
- If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with the service of maintaining the account in the Store. The account stores the Buyer’s data and the history of their orders in the Store. The Buyer logs into the Account using their email address and a password defined by them.
- The Buyer can delete their account in the Store at any time.
- Creating and maintaining an account in the Store is free of charge. However, agreements for the delivery of digital content entered into through the Store are paid.
- To ensure the security of the Buyer and data transmission in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
- The Seller takes actions to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
- Any complaints related to the functioning of the Store can be submitted by the Buyer via email to info@polishoffroad.com. In the complaint, the Buyer should provide their name, correspondence address, and the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Buyer of its resolution via the email address of the complainant.
§4 Intellectual Property Rights
- The Seller hereby informs the Buyer that the electronic products available in the Store are works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, to which the Seller holds the copyright.
- The Seller hereby informs the Buyer that further distribution of electronic products by the Buyer without the Seller’s consent constitutes a violation of the Seller’s copyright to the electronic products and may result in civil or criminal liability.
§5 Entering into an Agreement
- To purchase an electronic product, the Buyer must take the following steps:
- Add the product or products to the cart by clicking the “Add to cart” button,
- From the cart view, click the “Proceed to checkout” button,
- Fill out the order form, providing the necessary information for order fulfillment and selecting the payment method; if the Buyer does not have an account in the Store, they can also decide to create an account at this point,
- Accept the Regulations and Privacy Policy – acceptance is voluntary but necessary to make a purchase,
- Click the “Buy and pay” button.
- After clicking the “Buy and pay” button, the Buyer will be redirected to the Payment Operator’s page to make the payment for the selected electronic products.
- Upon successful payment, the Buyer will be redirected to a confirmation page. At this moment, the agreement for the delivery of digital content in the form of the selected electronic products is considered concluded between the Buyer and the Seller. The Buyer will also receive a purchase confirmation at the email address provided in the order form.
- To take advantage of the 50% discount granted to Buyers who are members of the PolskiOffroad Club (during the paid membership period), the Buyer must select “I have a discount coupon” in the cart during the purchase and then use the Club Member Card number (enter it in the coupon field).
- In connection with the delivery of digital content by the Store, which is not recorded on a tangible medium, the Store hereby informs the Buyer that, in accordance with Article 38 of the Act of May 30, 2014, on Consumer Rights - consolidated text of June 24, 2014, Journal of Laws of 2014, item 827, the Consumer does not have the right to withdraw from the agreement if the performance has begun with the Consumer’s express consent before the withdrawal period has expired. In practice, this means that the Seller has the right to cancel the order until the product is downloaded from the Store’s server.
§6 Availability and Downloading of Purchased Products
- Purchased digital products are made available as files for download from the Store’s server.
- Information about the contents of the files and how to download and use them is available on the individual product pages in the Store.
- The condition for making the products available for download is payment.
- Purchased and paid digital products will be available after logging into the Store, in the “My Account” section, under “My Downloadable Files.”
- Buyers making purchases without registration and account creation will receive download links for the products in email messages.
- It is recommended to quickly download the purchased products from the Store’s server. They are available for five days from the date of payment and can be downloaded a maximum of five times. The Buyer bears the risk of not downloading the files within this time.
§7 Payments
- The entities providing online payment services are PayPro SA and PayPal.
- The following payment methods are available: traditional bank transfer, quick online payments via Przelewy24 and PayPal, payment cards, and other methods offered within the Przelewy24 and PayPal payment systems.
§8 Complaints
The Buyer can submit complaints to the Store in the following cases:
- The purchased product, specifically the file made available for download, is found to be damaged,
- Within 24 hours of making a confirmed payment for the product, the option to download it is not made available.
§9 Disclaimers Regarding Offroad Routes Sold in the Store
- Despite the authors’ efforts, our guides do not contain all information about the routes, current conditions, or warnings about dangers, and some information may be outdated.
- The level of difficulty and danger on many sections may significantly exceed the standards encountered by regular road users, even for experienced and well-prepared off-road crews, especially in difficult weather conditions.
- Our guides should not be treated as an unconditional suggestion to drive the described route, but only as an aid in reaching destinations. Caution, independent assessment of the situation, and appropriate modification of the route if necessary, even if it involves significantly increasing its length, are required.
- Full responsibility for safety, accidents, and damages rests with the driver, who, in addition to considering the current terrain situation, is obliged to comply with local traffic regulations and road signs.
- Therefore, neither the authors of the guides nor the seller bear any responsibility for any consequences resulting from their use without taking the above disclaimers into account.