WEBSITE USAGE TERMS AND CONDITIONS
These Terms and Conditions set out general terms, conditions and methods of use of the Website available to the Users at the following addresses: pl.glov.co, glov.eu, and glov.fr, including but not limited to the terms and conditions for sale of Goods through the online Store, and terms and conditions for services supplied electronically through the Website.
The Website is owned by the Seller – Phenicoptere spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-791), ul. Chocimska 14a, lok. 101, NIP: 7010338017, REGON: 146074531, entered into the register of entrepreneurs held by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS Number: 0000416003, email: email@example.com, phone + 48 534 200 581.
Provisions of these Terms and Conditions neither preclude nor impair binding rights granted to Consumers. Any doubts shall be resolved in favor of the Consumer; and if any provisions of these Terms and Conditions conflict with any applicable laws and regulations, the applicable laws and regulations shall prevail. However, the remaining provisions of these Terms and Conditions remain still valid and in full force.
Article 1. Definitions
1. Working Day – means any day Monday to Friday, except for public holidays, as defined by generally applicable polish law regulations.
2. Delivery – means any action of delivering Goods specified in an order to a Client by the Seller, through a Supplier.
3. Supplier – means the entity the Seller cooperates with to make a Delivery of Goods:
a) a courier company;
b) InPost Paczkomaty sp. z o.o. with its registered office in Cracow, providing Delivery services and operating a network of automated parcel machines (Parcel locker);
c) Poczta Polska S.A. with its registered office in Warsaw.
4. Password – means a string of alphabetic, numeric, or other characters chosen by the Client during Registration in the online Store used to secure access to the Client Account in the online Store.
5. Client – means any entity for which electronically supplied services can be provided or with which a Sales contract can be concluded, pursuant to these Terms and Conditions or provisions of law.
6. Consumer – means any User being a natural person entering into a Sales contract with the Seller for electronically supplied Services, using electronically supplied Services, or entering through the online Store into the sales contract of Goods for purposes other than directly related to their commercial or professional activities.
7. Client Account – means the electronically supplied Service provided by an individual panel made available by the Seller to each Client on the online Store website, through which the Client can enter into the sales contract of Goods with the Seller, track order status and order history, or view and edit their data. To create the Client Account, the Client makes a free-of-charge Registration.
8. Entrepreneur – means a natural or legal person, or a non-corporate entity upon which the law confers legal capacity, engaged in economic or professional activities in its name, and performing legal transactions related directly to its economic activity.
9. Terms and Conditions – means these terms and conditions.
10. Registration – means an action performed as defined in the Terms and Conditions required for using the electronic Client Account by the Client.
11. Seller – means Phenicoptere spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-791), ul. Chocimska 14a, lok. 101, NIP: 7010338017, REGON: 146074531, entered into the register of entrepreneurs held by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS Number: 0000416003, the share capital in the amount of PLN 85,000; email: firstname.lastname@example.org, being the owner of both: the online Store and the Website.
12. Online Store – means the online store available on the Website.
13. Website – HTML document available on the Internet through WWW server, at the following addresses: glov.co
14. Goods – means any product displayed by the Seller on the online Store Website which may be a subject of the Sales contract.
15. Durable medium – means any material or instrument which enables the Client or the Seller to store information addressed directly to them in a way which enables future access to the information for the duration of the purposes this information serves and traceability of the information stored (e.g. email message).
16. Sales contract – means any distance sales contract concluded between the Client and the Seller under the provisions of these Terms and Conditions.
17. E-service – the service provided electronically by the Seller for the Users pursuant to these Terms and Conditions.
18. User – any person using the Website.
Article 2 – General provisions and the Website usage.
1. The Website and the online Store shall be used under these Terms and Conditions after entering into the Internet browser one of the following addresses: glov.co
2. The provisions of these Terms and Conditions shall be applicable when the User uses E-services and concludes and executes sales contracts of Goods through the online Store.
3. The Seller makes every effort to operate the Website continuously and to make it available to the Users of the most popular Internet browsers, operating systems, types of devices, and network connections. The Seller reserves the right at any time to perform Website service breaks.
4. No information displayed on the Website or the online Store shall constitute an offer of sale within the meaning of the polish Civil Code, it is only an invitation for the Client to submit a purchase offer.
5. The Seller declares that the public nature of the Internet and the use of E-services may entail a threat of gathering and modifying the User data by unauthorized persons, therefore the Users should apply appropriate technical measures that will minimize the above-mentioned threats. In particular, the Internet Users should use anti-virus and identity-theft protection software. The Seller never asks the User to reveal the Password in any form.
6. It is unacceptable to use the resources and features of the Website or the online Store for Client activities that violate the interest of the Seller or generally applicable laws and regulations.
Article 3 Technical Conditions
2. The website uses a remarketing tool and lists of similar recipients provided by Google.
4. To enter into the sales contract of Goods through the online Store, the User must have an active email account.
5. The User who uses Client Account E-service is required to maintain the secrecy of the login data and is responsible for the actions performed in the online Store after logging in. At the same time the User undertakes to:
a) immediately notify the Seller about obtaining any information of unauthorized use of the login, Password or Client Account by third parties or other similar threats to security;
b) log out from the Client Account after each use of the online Store; the User shall be responsible for the control over storage and use of the login and Password, as well as for the control of the access and use of the Client Account;
6. To finish using the online Store through the Client Account, the User has to select the “Logout” option.
7. The User has the right to finish using the Website at any time by leaving it.
Article 4 Rights and obligations of the Users and the Seller
1. The Seller is entitled to suspend the functioning or block access to the Website or the online Store or their certain functions, in particular due to the maintenance, replacement of equipment, modifications, and for reasons beyond the Seller’s control. The Seller shall not be liable for any inconvenience or inability to use the Website or the Online Store if they arise from reasons for which it shall not be responsible.
2. The Seller asks the Users to notify the Seller at the address email@example.com of any wrong, inaccurate, misleading, offensive, illegal or otherwise undesirable content noticed on the Website by the User.
3. The User is obliged not to provide content of unlawful, offensive, or misleading character, containing viruses, or such that may cause interference or damage to the computer system, under pain of legal liability. The User does not have the right, in particular, to:
a) use the Website to create, store or transmit materials inciting to aggression, destruction of property, offenses, or cause criminal or civil liability;
b) use the Website to mistreat or pursuit the mistreating of minors;
c) use the Website to create, store or transmit materials which aim at harassing other Users;
d) use the Website to post false, misleading, or deceitful sales offers of products, objects, or services, encourage others to send chain letters or to join groups based on the financial pyramid scheme etc.;
e) use the Website without written consent of the Seller to create, store, or transmit advertising materials, including in particular products and services advertisements, and materials for hidden commercial purposes;
f) use the Website for unauthorized access to other Users’ data and for attempts to break security measures protecting data, software, hardware, or electronic communications system of third parties, as well as the telecommunications network;
g) use the Website to collect personal data of third parties without their knowledge and consent, including screen scraping and database scraping or other actions with an aim to obtain a list of Users or other data;
h) use the Website for any actions that could result in losing or limiting the usage of the Website or the Internet for other Users, including any hacking practices;
i) use the information and materials posted on the Website contrary to the law, good practice, or in a manner that infringes the interests of third parties or the Seller;
j) use the Website in a manner that causes network congestion;
k) use the Website in a manner that would infringe the Seller’s interests;
l) use programs that automatically download content from the Website without the written consent of the Seller, under pain of nullity;
m) display on other websites or use in any form the information and materials posted on the Website without prior written consent of the Seller, under pain of nullity.
4. Without the prior written consent of the Seller, under pain of nullity, the User is not entitled to use the Website for any direct or indirect advertising of products and services.
5. If the Seller finds any violation of the Website usage principles stipulated in these Terms and Conditions or in the applicable provisions of law, including in particular breaking the security measures of the Website, providing on the Website any content of unlawful, offensive, or depreciating character against the activities of the Seller or third parties; upon receipt of an official notice or obtaining reliable knowledge of illegal nature of the data or associated activities, the Seller shall immediately prevent the User form accessing this data, block its access to the Website and the E-services provided through the Website, and remove such content. The Seller will inform the User about blocking access to the Client Account E-service by sending a message to the email address provided during the registration.
Article 5 Intellectual Property Rights
1. The Website (and the online Store) contains goods protected by copyright, trademarks, and other goods which are subject to the protection of intellectual property rights, including the right to the name, domain, patterns, forms, logos (except for materials in which the copyright belong to third parties); and their use (excluding fair personal use), copying, and any form of distribution is forbidden without the prior written consent of the Seller.
2. Copyright and related rights to works published on the Website and industrial property rights are enjoyed by the Seller or another authorized entities and are protected on the basis of generally applicable laws.
3. No provision of these Terms and Conditions shall be construed as granting consent or the right to use any intellectual property rights, on any principle.
4. Within fair personal use, the User has the right to download and print the Website or its fragments, provided it is used only for their own purposes, insofar this will not affect the copyright and related rights or industrial property rights of the Seller or other authorized entities.
5. Neither the Website nor any of its parts, including information or materials contained on the Website, may be used for commercial purposes, including being copied, transmitted, modified, multiplied for any types of use, or used in any other way without the prior written consent of the Seller (or another right holder), under pain of nullity.
6. Any infringement by the User of intellectual property rights, rights related to copyright, or industrial property rights may give raise to liability under generally applicable provisions of law.
Article 6 E-services
1. The Seller provides the Users free of charge, in principle 7 days a week, 24 hours a day, as described in these Terms and Conditions, the following E-services:
a) a Contact form;
b) a Client Account
c) a Newsletter
2. The Seller reserves the right to select and change the type, form, time and type of access to the selected E-services listed above, and shall inform the Users about it in a manner appropriate for the amendments to the Terms and Conditions.
3. The User may at any time use Contact Form the E-service available on the Website that allows the User to send messages to the seller. The use of the Contact Form E-service is a single activity which ends with sending a message through the Contact Form to the Seller. The User may at any time stop using the Contact Form E-service by finishing using the feature or the Website.
4. The User may use the Client Account E-service that allows using a dedicated panel shared by the Seller on the Website, through which the User can conclude sales contracts for Goods, track the status and history of orders, and also view and edit the User data. To create the Client Account, the Client makes a free-of-charge Registration mentioned in point 5 below.
5. The Registration includes:
a) completing the registration form available on the Website by the User, including but not limited to all data required in the form;
c) sending the completed registration form to the Seller by selecting the checkbox upon finishing the registration process.
6. After submitting the completed registration form, an information will be sent to confirm the registration
to the e-mail address specified by the User. Upon receipt of the confirmation, the contract for the provision of Client Account E-service shall be concluded (for an indefinite period of time).
7. The User may at any time make changes to the registration data and edit the data after logging into the Client Account.
8. The User may at any time terminate the use of Client Account E-service by logging out. The Client Account may be removed by submitting to the Seller’s electronic address firstname.lastname@example.org a request for deleting the Client Account or by selecting the „Delete Account“ option available after logging into the Client Account. In the case of email request for deleting the Client Account by the Seller, it can be deleted within 14 days from the request. Removing the Client Account will permanently delete all data collected by User on the Client Account.
9. The Newsletter E-service may be used by any User who will provide their first name and introduce their email address to the registration form provided by the Seller on the Website. After submitting the completed registration form, the User shall immediately receive from the Seller a confirmation sent electronically to the email address provided in the registration form. At this time a contract for the provision of Newsletter E-service shall be concluded.
10. The Newsletter E-service consists of sending by the Seller, to the email address, an email message containing information about new products or services offered by the Seller. The Seller sends the Newsletter to all Users who subscribed to it. Each Newsletter directed at the User shall contain in particular: data of the sender, filled-in email „subject“ field defining the content of the message, and the information on how to unsubscribe from the Newsletter E-service.
11. The User may at any time unsubscribe from the Newsletter by using the link provided in each Newsletter email or by selecting an appropriate checkbox after logging into the Client Account.
12. The Seller may terminate the contract for the provision of User Account E-service with a 14-day period of notice by sending a statement to the email address specified by the User during the registration.
13. The Client may terminate the contract for the provision of E-service at any time, without giving reasons and without notice, subject to the provisions below.
14. The Client who made the Registration terminates the contract for the provision of E-service by sending a relevant declaration of will to the Seller by using any means of distance communication that enables the Seller to learn of the Client’s statement, including in the manner referred to in point 8 and in point 11 above.
15. The Seller is entitled to block the access to the Client Account and other E-services if the Client acts to the detriment of the Seller or other Clients, breaches the provisions of law or these Terms and Conditions, and in situations when blocking the access to the Client Account and other E-services is justified on the grounds of safety, including in particular: breaking the security measures or other hacking actions. Blocking the access to the Client Account and other E-services for the reasons set out above continues for the period necessary to resolve matters that gave rise to the blocking of access to Client Account or other E-services. The Seller shall send information about blocking the access to the Client Account or other E-services to the email address provided by the Client in the registration form.
16. The Seller has the right to terminate the contract for the provision of E-services, including removal of the Client Account with immediate effect in the following cases:
a) the User infringes any substantial provision of the Terms and Conditions;
b) the Seller receives a justified, reliable information that the name of the User Account is against the law or good practice, infringes personal goods of third parties, or the legitimate interests of the Seller,
c) the User provides unlawful content,
d) the User misuses the E-service,
e) the User deleted the email address that was used to open the Client Account without providing a new active email address belonging to the User,
f) the Seller repeatedly receives messages of overflowing email inbox from the User’s email preventing from further provision of the E-services.
17. The Seller reserves the right to refuse providing the Services to the User, including removal of the User Account, if it has been created once again after removing the User Account as a result of breaching the Terms and Conditions.
18. The User makes a complaint to the Seller regarding the use of the E-services provided by the Seller. The complaint may be filed electronically and sent to the address email@example.com. In the complaint the User should describe the problem. The seller, as soon as possible but not later than within 14 days, shall consider the complaint and send a response to the User at the address indicated in the complaint.
Article 7 Orders
1. The Client can place orders in the online Store through the Website or via email, in principle 7 days a week, 24 hours a day. To place the order in the online Store through the Website or via email, the Client has to have an active email account.
2. The Client can place orders in the online Store by phone during the hours and on the days indicated on the Website. To place the order in the online Store by phone, the Client has to have an active email account.
4. The Client ordering by phone uses the telephone number provided by the Seller on the Website. The Client places the order by phone by providing the Seller with the name of the product from all the Goods displayed on the Website and the quantity of Goods they wish to order. Then, after the order has been completed, the Client determines the method and address of delivery and the method of payment, and indicates the email address for confirmation of the order. Each time when the Client places the order by phone, the Seller informs the Client about the total price of selected Goods and the total price of the chosen Delivery method, as well as all additional costs that the Client is obliged to bear in connection with the Sales contract. After the Client places the order by phone, the Seller sends an information confirming the terms of the Sales contract to the email address provided by the Client. The confirmation shall include in particular: determination of the Goods subject to the Sales contract, the price, the cost of delivery, and information about any other costs that the Client is required to bear in connection with the Sales contract, as well as the details of the Seller. The message also contains the information for the Client that the conclusion of the Sales contract shall entail an obligation to pay for the ordered Goods.
5. The Client ordering via email sends the order to the email address provided by the Seller on the Website. In the messages sent to the Seller, the Client shall specify in particular: the name and quantity of products from the Goods displayed on the Website. After receiving the email with the order from the Client, the Seller shall send a return email to the Client providing the company details, price of the selected Goods, and the possible methods of payment and delivery together with the total cost, and information on all additional payments that the Client might be obliged to make under the Sales contract. The message also contains the information for the Client that the conclusion of the Sales contract shall entail an obligation to pay for the ordered Goods. On the basis of the information provided by the Seller, the Client may place the order by sending an email to the Seller indicating the selected method of payment and Delivery.
6. Placing the order as described in points 1 to 5 above constitutes an offer, made by the Client to the Seller, to conclude the Sales contract of Goods which are the subject of the contract.
7. After placing the order, the Seller shall send the confirmation of the order to the email address provided by the Client. Then, after confirming the order, the Seller shall send the information about acceptance of the order to the email address provided by the Client. The information about acceptance of the order constitutes the Seller’s statement of the acceptance of the offer referred to in point 6 above, and at the moment the Client receives it, the Sales contract shall be concluded.
8. The Seller confirms the terms of the sales contract to the Client by sending them to the Client’s email address. The Seller shall send to the Client in particular the confirmation of the order, the order reference number, and the confirmation of the terms of the contract for the sale of Goods, and the company details.
9. The Seller shall inform the Client, in the order confirmation or in these Terms and Conditions, about:
a) the main features of the Goods and the way the Seller shall communicate with the Client;
b) the details of the Seller, in particular details of the company, the body that has registered the economic activity, and number under which it has been registered;
c) the Seller’s address, email address, and phone or fax numbers, if available, with which the Client can quickly and efficiently contact the Seller;
d) the address where the Client may file complaints, if different from the address referred to in letter c) above;
e) the total price or remuneration for the delivery of Goods including taxes, as well as fees for transport, delivery, postal services or other costs, and where it is not possible to establish these fees – about the obligation to pay them;
f) the method and date of payment;
g) the method and date of the delivery of the Goods by the Seller and the Seller’s procedure for handling complaints;
h) the method and date of withdrawal from the Sales contract and the template form of the notice of withdrawal from the contract;
i) the costs of returning the Goods in the event of withdrawal from the contract which shall be borne by the Client; for distance contracts – the costs of returning the Goods if due to their nature the Goods cannot be sent in the ordinary course of returned mail;
j) the Seller’s obligation to deliver Goods free from defects;
k) the possibility to use out-of-court complaint and redress procedures and the principles of access to these procedures;
l) any additional services offered by the Seller in relation to the placed order and their estimated costs, and where it is not possible to establish these costs – about the obligation to bear them.
Article 8 Payments
1. The prices given in the online Store are gross without including the costs of delivery and other costs which the User will be required to bear in connection with the Sales contract of Goods and about which the User shall be informed on the stage of placing the order.
2. The Client can choose between the following methods of payment for the ordered Goods:
a) a transfer to the Seller’s bank account (in this case the execution of the order will start after sending the order confirmation to the Client by the Seller and receipt of the payment to the Seller’s bank account);
b) a bank transfer through the external payment system PayPal, supported by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case the execution of the order will start after the Seller sends the order confirmation to the Client and after the Seller receives an information from the PayPal system about the payment made by the Client);
c) a card payment (Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic), supported by PayLane sp. z o.o. based in Gdansk (in this case the execution of the order will start after the Seller sends the order confirmation to the Client and after the Seller receives an information from PayLane sp. z o.o. about a successful completion of the payment);
3. The Client is always informed by the Seller on the Website about the date on which the Client is obliged to pay for the order the amount resulting from the Sales contract.
4. If the payment is not registered, the Seller shall send the information to the Customer via e-mail. The customer is asked to re-pay to the account number specified by the Seller or send a confirmation to the e-mail address firstname.lastname@example.org in order to verify the payment.
5. If the Client fails to make the payment in due time referred to in point 3 above, the Seller shall set additional date for the payment and shall notify the Client about it. The notification about the additional date for the payment shall also contain an information that after the unsuccessful expiration of this date, the Seller withdraws from the Sales contract. If the second date for the payment expires unsuccessfully, the Seller shell send to the Client a statement of withdrawal from the contract on the basis of Article 491 of the Polish Civil Code.
Article 9 The Delivery
1. The Seller shall provide the information about the number of Working Days needed for Delivery and execution of the order on the Website.
2. The ordered Goods are delivered to the Client through the Supplier at the address indicated in the order form. If InPost Paczkomaty Sp. z o.o. with its registered office in Cracow is the selected Supplier, the Delivery address will be the address of the parcel locker chosen by the Client while placing the order.
3. On the day of dispatching the Goods to the Client (if personal collection of the Goods has not been selected), the Seller transmits a confirmation that the parcel was sent to the Client’s email address.
4. The Client is required to examine the received parcel at the time and in the manner accepted for parcels of this type. In the event of a loss of or damage to the parcel, the Client has the right to require the Supplier’s employee to draw up an appropriate protocol and in the event of refusal, the Client shall make the protocol themselves and send it to the Seller (via email).
5. According to the Client’s decision, a receipt or VAT invoice covering the supplied Goods shall accompany the delivered parcel or shall be sent by email.
Article 10 The Seller’s liability for defective Goods
1. The Seller provides the Delivery of Goods free from physical and legal defects. The Seller is liable to the Client if the product has a defect for which the Seller is liable pursuant to the generally applicable provisions of law.
2. If the Goods are defective, the Client can:
a) make a statement of the price reduction or withdrawal from the Sales contract, unless the Seller immediately and without undue inconvenience to the Client replaces the defective Goods with Goods free from defects or removes the defect.
This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not comply with its obligation to exchange the Goods with Goods free from defects or to remove the defects. The Client who is a Consumer may, instead of removal of defects proposed by the Seller, request for a replacement of the Goods with Goods free from defects, or instead of replacing the Goods, request for removal of defects, unless bringing the Goods into conformity with the contract as chosen by the Client is impossible or would involve excessive costs as compared with the manner proposed by the Seller. When assessing the excessive costs, the value of Goods free from defects and the nature and importance of defects shall be taken into account, as well as the inconvenience suffered by the Client caused by other manners of solving it.
b) request for replacement of the defective Goods with Goods free from defects or removal of defects. The Seller is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time and without undue inconvenience to the Client. If the Client is an Entrepreneur, the Seller may refuse to replace the Goods with Goods free from defects or remove defects if the cost of redress exceeds the price of the Goods.
3. The Client that exercises the warranty rights is required to deliver the defective product to the Seller’s address. If the Client is a Consumer, the cost of delivering Goods shall be covered by the Seller (in other cases the costs of delivery of the Goods shall be covered by the Client who is the Entrepreneur).
4. The Seller shall be liable under warranty if the physical defect shall be detected within two years from release of the Goods to the Client. A claim for the removal of defects or replacement of Goods with Goods free from defects shall be time-barred within one year, but that period may not be terminated before the expiry of the period referred to in the first sentence. Within this period the Client may withdraw from the Sales contract or make a statement of price reduction due to the defect of Goods. If the Client requests for the replacement of Goods with Goods free from defects or removal of the defect, the period for withdrawal from the Sales contract or making the statement of price reduction begins upon ineffective expiry of the period for replacement of Goods or removal of the defect.
5. Any complaints relating to the Goods or execution of the Sales contract may be filed by the Client in writing to the Seller’s address, at the telephone number available on the Website, or via email at the address: email@example.com, or through the Contact form.
6. The complaint should include a description of the problem being the reason of its submission and the Client data (including first and last name or the business name, postal address, e-mail address). Any complaints without the data enabling to identify the Client will not be handled by the Seller. The complaint should also include the Client’s choice of one of the requests referred to in point 2 above.
7. The Seller is entitled to contact the Client that filed the complaint and the Client concerned in such a complaint to the extent necessary to determine legitimacy of the complaint and any possible investigation procedures.
8. Within 14 days from receipt of the complaint, the Seller shall refer to the complaint related to the Goods or to the execution of the Sales contract reported by the Client.
9. The Seller shall inform the Client about handling the complaint by sending a message to the email address indicated while filing the complaint.
10. If the complaint related to the Goods was filed by the Client who is a Consumer and who requested for the replacement of Goods or for the removal of defects, or who made a statement of price reduction specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days, the Consumer request shall be considered as legitimate.
Article 11 Withdrawal from the Sales contract
1. The Client who is a Consumer has the right to withdraw from the Sales contract of Goods concluded outside of the premises of the company or at a distance, without giving any reason, within 14 days of the date of receipt of the Goods unless the subject of the contract is a non-prefabricated product, manufactured according to the specifications of the User who is a Consumer, or to meet their individualized needs, or there are other exclusions indicated in Article 38 of the Polish Act of 30 May 2014 on Consumer rights (OJ 2017 item 683, as amended).
2. The Consumer shall make a statement of withdrawal from the Sales contract in writing to the Seller’s address or via email to the Seller’s email address. The statement may be filed using the template form attached to these Terms and Conditions. To observe the deadline, it suffices to send the statement prior to its expiry. If the statement is filed in the electronic form, the Seller shall immediately confirm receipt of the statement to the email address indicated by the Consumer.
3. In the case of exercising the right of withdrawal, the Sales contract shall be deemed non-concluded. If the Consumer made the statement of withdrawal before the Seller accepted their offer, the offer shall be no longer binding.
4. The Seller is obliged immediately but not later than within 14 days from receiving the Customer statement of withdrawal from the Sales contract to reimburse all payments, including costs of Delivery of Goods to the Consumer. The Seller may withhold the reimbursement of payments made by the Consumer until the Seller receives the returned Goods or the Client provides the evidence of having returned the Goods, whichever occurs earlier.
5. If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the least expensive method of Delivery offered by the Seller, the Seller is not obliged to refund any additional costs paid by the Consumer.
6. The Consumer has the obligation to return the Goods to the Seller immediately, but not later than within 14 days from the date of withdrawing from the Sales contract. To return the Goods to the Seller’s address before the expiry of that period suffices to comply with the time limit.
7. In the event of withdrawal, the Client who is the Customer bears only the direct costs of returning the Goods.
8. If due to their nature, the Goods cannot be sent in the ordinary course of returned mail, the Seller informs the Consumer about the costs of returning the Goods.
9. The Consumer is responsible for the decrease in the value of the Goods as a result of using them otherwise than necessary to confirm the nature, property and functioning of the Goods.
10. The Seller shall reimburse payments by using the same method of payment that was used by the Consumer, unless the Consumer expressly agreed to a different way of reimbursement which shall be free of cost for the Consumer.
11. The Client who is a Consumer shall not be entitled to the right to withdraw from the Sales contract in respect of contracts in which the Goods are delivered in a sealed packaging which after opening must not be returned for health or hygienic reasons, if the packaging has been opened after the Delivery.
Article 12 Provisions related to Entrepreneurs
1. The provisions of this Article shall apply only to the Clients who are not Consumers.
2. The Entrepreneur is not entitled to exercise the right of withdrawal from the Sales contract of the Goods, referred to in Article 11 of the Terms and Conditions.
3. As far as Entrepreneurs are concerned, the Seller has the right to limit the available payment methods, including the right to require an advance payment in whole or in part, regardless of the payment method.
4. As far as Entrepreneurs are concerned, the Seller has the right to extend the time limit for the order execution of each type of the ordered Goods due to important reasons, for the time necessary to remove obstacles in the execution of the order. In this case the Client who is an Entrepreneur shall not have the right to withdraw from the Sales contract.
5. The Client who is an Entrepreneur is obliged to examine the parcel delivered by the carrier at the time of its delivery. If it is found that, during the transport, the subject of the contract was lost or damaged, the Client is obliged to take action necessary to determine the liability of the carrier, or otherwise will risk not being able to claim defects of the product to the Seller in warranty complaint proceedings, where such defects could have been noticed by the Entrepreneur in the normal course of delivering the parcels of this kind.
6. Liability of the Seller to the Entrepreneur regardless of its legal basis is limited – both within a single claim as well as any claims in total – to the price paid and the costs of delivery under the Sales contract.
7. The Seller shall have the right to withdraw from the contract concluded with the Entrepreneur within 14 days from the date of its conclusion, without giving any reason. In such case the Seller shall not be liable for damages to the Client who is not a Consumer for failure to perform the obligation, except in the circumstances referred to in Article 473(2) of the Polish Civil Code.
8. The Seller shall not be responsible to the Entrepreneur for lost profits.
9. Any disputes arising between the Seller and the User who is not a Consumer shall be settled by the Polish court of competent jurisdiction for the Bank’s Seller’s office.
10. The Seller shall not be liable to the User who is not a Consumer for any inconvenience or inability to use the online Store.
11. Acceptance of the Terms and Conditions is tantamount to the acceptance of issuing a VAT invoice by the Seller and sending it in the electronic form (pdf file) to the email address specified in the order.
12. If within 7 days from the date of receiving the parcel the Entrepreneur finds any hidden defects, i.e. defects which could not be noted at the time of receipt, the Entrepreneur is obliged to immediately notify the Seller of such a fact (by sending an email), under penalty of losing entitlement to invoke these defects in the course of the warranty complaint proceedings.
Article 13 Out-of-court settlement of disputes
1. Each Consumer can use out-of-court handling of complaints, seeking claims and resolving disputes. In this respect it is possible, among others:
a) to use mediation by the Consumer; lists of mediators and mediation centers shall be transmitted and made available by the Presidents of the competent District Courts in Poland;
b) to use the help of a district (municipal) consumer ombudsman or social organization which statutory tasks include protection of consumers.
2. The Consumer may find detailed information about the out-of-court dispute resolution on the website of the Polish Office of Competition and Consumer Protection (www.uokik.gov.pl).
3. In the event of a negative resolution of the warranty complaint, the Seller is willing to use the out-of-court system for resolution of consumer disputes. The competent entity to solve such disputes for the Seller is Inspekcja Handlowa – Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej (Trade Inspection – Masovian Regional Inspector of Trade Inspection in Warsaw), the Entity website address: http://www.wiih.org.pl/index.php?id=1
4. The President of the Polish Office of Competition and Consumer Protection (UOKiK) shall keep a register of the entities providing out-of-court resolution of consumer disputes at: http://polubowne.uokik.gov.pl/rejestr,5,pl.html
5. The register of the entities providing out-of-court resolution of consumer disputes is available via ODR platform (ODR ― Online Dispute Resolution) at the address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
Article 14 Personal data protection
1. The Seller is the Controller of the Users’ personal data, including the data of the online Store Clients.
Article 15 Final provisions
1. The content of these Terms and Conditions may be printed, stored on a data storage device, or downloaded at any time from the Website.
2. Matters not governed by the Terms and Conditions, including disputes arising in connection with the contracts concluded hereunder, shall be subject to the applicable provisions of Polish law. If these Terms and Conditions refer to generally applicable provisions of law, it shall be construed as the generally applicable provisions of the Polish law.
3. If, under the law in force in the Member State of the European Union which is the usual place of residence of the Consumer, the provisions which cannot be derogated by the contract are more favorable to the Consumer than the provisions of these Terms and Conditions, these provisions shall apply to the contracts concluded on the basis of these Terms and Conditions insofar as they provide a better protection for the Consumer. All the other provisions shall remain unaffected.
4. The Seller reserves the right to amend these Terms and Conditions. All the orders accepted by the Seller before the date the amended Terms and Conditions come into force shall be executed upon the Terms and Conditions that were in force at the date of placing the order by the Client. The amendment of the Terms and Conditions shall enter into force within 14 days from being posted on the Website. The Seller shall inform the User within 7 days before the new Terms and Conditions become effective by sending an email message with a link to the amended Terms and Conditions. The User who does not accept the content of the new Terms and Conditions undertakes not to use the Website and to inform the Seller about it. In this case the contract for the provision of E-services for such User shall be terminated with immediate effect.
5. These Terms and Conditions become effective on 15.11.2018 2018.
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(please fill out this form and return it to us only if you wish to withdraw from the contract)
____________________, on ____________
(place and date)
(full name of the consumer)
(address of the consumer)
(address of the consumer cont.)
Phenicoptere spółka z ograniczoną odpowiedzialnością
ul. Chocimska 14a, lok. 101, 00-791 Warsaw
NOTICE OF WITHDRAWAL FROM THE SALES CONTRACT
I, the undersigned ____________________________________________, in connection with the sales contract concluded on ______________________, order reference number ___________________, parcel delivery date _____________________, hereby inform about my withdrawal from the sales contract of the following goods:
Reasons for withdrawal: ______________________________________________________________
(signature of the consumer)**)
*) providing reasons for withdrawal is not required.
**) only for paper communication