Terms and conditions

§1 Definitions

1. Website – a website run by the Service Provider at https://secamoto.com/, which is owned by the Service Provider
2. Service Provider – KN MOTO Nadolny sp.k., with its registered office at ul. Bukowska 50, 62-070 Dąbrowa. Entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0000761371, having NIP number: 7831793952, REGON: 381975210, e-mail: hello@secamoto.com
3. Service Recipient – a natural person, legal person or organizational unit without legal personality, having legal capacity, which uses the Service
4. Services – services provided by the Service Provider electronically using the Service
5. SecaCare Program – a program whose aim is to provide its participants with a 5-year warranty on the Service Provider’s products on the terms provided for in a separate SecaCare Program Regulations
6. Regulations – these regulations
7. Dealer – an authorized seller of the Service Recipient’s products whose data is placed in the Service by the Service Provider

§ 2 General provisions

1. The Regulations specify the rules for providing Services to Service Recipients by the Service Provider, with the reservation:
a. Services referred to in paragraph 2 point c below, the principles of which are specified in the SecaCare Program Regulations posted at https://secamoto.com/regulamin-programu-secacare/ in the scope not regulated by the Regulations
b. Services provided to Dealers within the online store operated by the Service Provider at https://b2b.seca.com.pl, the principles of which are fully regulated in a separate regulation posted at https://b2b.seca.com.pl/regulamin.
c. principles of processing personal data of Service Recipients who are natural persons specified in the Privacy Policy posted at https://secamoto.com/polityka-prywatnosci/.
2. The Service Provider provides in particular the following Services:
a. Service of browsing and reading by Service Recipients materials posted on the Website including in particular the product catalog of the Service Provider’s offer and the Dealer network;
b. Newsletter service.
c. Service of registration and reporting of warranty claims under the SecaCare Program;
d. Service of using the contact form;
e. Service of finding the nearest Dealer.

3. The Service Provider provides Services electronically within the meaning of the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2019 item 123 as amended). The Services are provided free of charge.

4. Access to the Website is open to everyone who has access to the public Internet network subject to:
a. services referred to in § 2 para. 1 point b addressed to Dealers and requiring an account in the Service;
b. Services for reporting warranty claims under the SecaCare Program referred to in § 2 para. 2 point c which requires prior registration.

5. The Service Recipient is obliged to read the Regulations before using the Website. Ordering Services specified in § 2 para. 2 points b-d through the form provided on the Website available for all Service Recipients requires acceptance of the provisions

6. The Service Recipient is obliged to comply with the provisions of the Regulations from the moment of commencing use of the Website.

7.The Regulations are made available to Service Recipients free of charge through the Website in a form that allows them to be downloaded, recorded and printed.

§ 3 Technical conditions for using the Services

1. In order to use the Services correctly and fully, Service Recipients should have electronic devices and software that allow access to the Internet and browsing its resources (any web browser), which include in particular:
a. [PC computer with processor [1.5GHz/2.5GHz];
b. MS Windows XP SP3, Vista SP1 (excluding Home Basic versions), Windows 7 (excluding Home Basic versions);
c. [1GB/5GB] of free space on the hard drive;
d. RAM XP [512MB/1GB], Vista, Windows 7 [1GB/2GB];
e. Screen resolution [1024×768/1280×1024];
f. Mouse;
g. Keyboard;
h. MS Internet Explorer 8.0 or Firefox 3.0.]
2. Using the Website or its individual functionalities may be dependent on the installation of Java software, Java Script and acceptance of cookies

§ 4 Conclusion of a contract for the provision of Services
1. The creation of an account by the Service Provider for the Dealer takes place on the terms specified in the regulations posted at https://b2b.seca.com.pl

2. Registration within the SecaCare Program takes place in accordance with the instructions provided on the Website on the terms specified in the regulations posted at https://secamoto.com/regulamin-programu-secacare/. After correctly filling out the registration form, the Service Provider confirms the inclusion of the Service Recipient in the SecaCare Program by sending an e-mail message to the e-mail address provided by the Service Recipient in the registration form. With this confirmation, a contract for the provision of a registration and warranty claim reporting service within the SecaCare Program is concluded.

3. The provision of other Services does not require the establishment of an account or registration on the Website. The conclusion of a contract for the provision of the Service of browsing and reading materials posted on the Website by Service Recipients and for the provision of the Service of finding the nearest Dealer takes place at the moment when the Service Recipient starts using these Services on the Website. The conclusion of a contract for the provision of the newsletter service takes place on the terms specified in § 5 para. 1-4 of the Regulations. The conclusion of a contract for the provision of the contact form service takes place on the terms specified in § 5 para. 6 of the Regulations.

§ 5 Newsletter Service and Contact Form Service
1. The Service Recipient may order the newsletter through the form provided for this purpose on the Service pages available to all Service Recipients or during registration within the SecaCare Program.
2. The conclusion of a contract for the provision of the newsletter service is always associated with the acceptance of the Regulations and expressing consent to: a. processing of the Service Recipient’s personal data in the form of name and e-mail address for marketing purposes; b. receiving commercial information from the Service Provider by electronic means to the e-mail address provided;

by marking appropriate checkboxes.
a. processing of the Service Recipient’s personal data in the form of name and e-mail address for marketing purposes;
b. receiving commercial information from the Service Provider by electronic means to the e-mail address provided;

by marking appropriate checkboxes.
3. In the case of ordering the newsletter service through the form provided for this purpose, the conclusion of the contract takes place after entering the e-mail address into this form and pressing the “Subscribe” button at the moment of confirming the subscription by clicking on the link sent to the e-mail address provided in the form.
4. The conclusion of a contract for the provision of the newsletter service during registration within the SecaCare Program takes place after the Service Recipient expresses the desire to receive the newsletter by marking appropriate checkboxes available in the registration form at the moment of confirming the Service Recipient’s inclusion in the SecaCare Program by the Service Provider in the form of an e-mail message.
5. The newsletter is promotional in nature and concerns products, services, events organized by the Service Provider, as well as by third parties cooperating with the Service Provider and constitutes commercial information of the Service Provider within the meaning of the Act on the provision of electronic services.
6. The Service Recipient can use the contact form posted on the Website’s pages available to all Service Recipients. The conclusion of a contract for the provision of the service of using the contact form takes place at the moment of entering the name, e-mail address, subject and content of the message into the above-mentioned form and pressing the “Send” button after prior acceptance of the Regulations.
7. The contact form is used solely for correspondence related to the Service Provider’s activity in the thematic scope specified therein. The contact form has only an informative character and cannot be used in particular, but not exclusively, to submit offers to the Service Provider or to raise claims against it.

§ 6 Liability

1. The Service Provider shall be liable for non-performance or improper performance of obligations arising from contracts for the provision of Services, with the exception of liability for any damages suffered by the Service Recipient resulting from the use or inability to use the Services such as: loss of data, delays in their receipt or transmission, delays caused by lack of transmission, incorrect transmission or other interruptions in the provision of Services caused by factors (circumstances) beyond the control of the Service Provider.
2. The Service Recipient is prohibited from using the Services in a manner contrary to law, the Regulations, good practices or infringing the legitimate interests of the Service Provider or the rights of third parties (including intellectual property rights).
3. The Service Recipient is prohibited from providing content of an unlawful nature.
4. The Service Recipient is prohibited from providing false personal data, as well as providing personal data of another person without their permission, and providing an e-mail address of which they are not the owner. The Service Recipient bears sole responsibility for the content of the data provided by them, including responsibility for any infringement of the rights of third parties.
5. Website may be periodically unavailable, in particular due to the need to carry out maintenance or updates. The Service Provider does not guarantee uninterrupted operation of the Website and is not responsible for possible interruptions or errors in the functioning or availability of the Website.
6. The Service Recipient should ensure the security of their own devices used to use the Website on their own, including using up-to-date antivirus software and firewall solutions. The Service Provider is not responsible for the risks associated with the Service Recipient’s use of the Internet, including in particular for the operation of unwanted or malicious software, including viruses, spyware and other ways of possible infringement of the security of the Service Recipient’s software, data or devices.
7.The Service Recipient is obliged to familiarize themselves with changes to these Regulations.

§ 7 Termination or expiration of the contract for the provision of Services
1. Contracts for the provision of Services referred to in § 2 para. 2 lit a, d, e of the Regulations expire upon the Service Recipient’s cessation of use of the Services on the Website.
2. The contract for the provision of the newsletter Service may be terminated by either Party at any time. The Service Recipient resigns from the newsletter by clicking on the link entitled “I do not want to receive messages” or similar, placed by the Service Provider at the end of each message sent to the Service Recipient as part of the newsletter Service.
3. The contract for the provision of registration and warranty claim reporting services under the SecaCare Program expires within the time limit and on the terms specified in the regulations posted at https://secamoto.com/regulamin-programu-secacare/, upon expiration of the warranty entitlements granted under the SecaCare Program.
4. Service Recipients who are consumers within the meaning of the law have the right to withdraw from any contract for the provision of Services concluded with the Service Provider within 14 days from the date of conclusion of the contract without giving any reason. In relation to Services which have been fully performed with the express consent of the Service Recipient, the Service Recipient loses the right to withdraw from the contract.
5. The statement of withdrawal from the contract should be unambiguous. In particular, it can be sent by fax, post or e-mail or submitted using the form constituting Annex No. 1 to the Regulations.
6. In the event of the Service Provider finding a significant violation of the Regulations or the contract for the provision of Services by the Service Recipient or persons for whom the Service Recipient is responsible, the Service Provider is entitled to immediately cease providing Services due to the fault of the Service Recipient

§ 8 Complaints

1. The Service Recipient may file a complaint regarding matters related to the provision of Services. The Service Provider, when considering the complaint, shall apply the provisions of the Regulations.
2. Complaints are submitted by means of an electronic message sent to the following e-mail address secacare@seca.com.pl.
3. The complaint should contain: name, surname, designation of the Service to which the complaint relates, description of irregularities that are the cause of the complaint and the date of detection of irregularities.
4. Complaints will be considered within 30 days from the date of their submission. The Service Provider will notify 5.The Service Recipient of acceptance or refusal to accept the complaint by electronic mail to the e-mail address from which he received the complaint.
The Service Provider informs that it does not agree to settle consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823). This information will be repeated in case of refusal to recognize the complaint.
6. In the case of a Service Recipient who is a consumer, he may use an out-of-court possibility of settling disputes electronically through the ODR platform of the European Union enabling submission of complaints and seeking claims related to the contract concluded with the Service Recipient, which is located at: http://ec.europa.eu/consumers/odr/. The Service Provider is not obliged and has not undertaken to use dispute resolution in the above-mentioned mode.

§ 9 Final provisions

1. Any questions, opinions and applications regarding the functioning of the Service and statements made by the Service Provider in electronic form should be directed by the Service Recipient through the contact form placed on the Service at https://secamoto.com/kontakt/.
2. The Regulations come into force on 28.02.2020.
3. The Service Provider reserves the right to make changes to the Regulations, including attachments to the Regulations. Changes to the Regulations come into force on the day of their publication on the Service