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Terms of service

TERMS OF SERVICE OF THE WEBSITE GLOV.CO

effective from 2.11.2021


This Terms and Conditions document defines the general terms, rules, and methods of using the Website operating at the address glov.co, including the rules and conditions of the sale of Goods, as well as the terms and conditions of providing services electronically.


The website is operated by the Seller – Phenicoptere sp. z o.o. based in Warsaw (00-791), ul. Chocimska 14a, lok. 101, NIP: 7010338017, REGON: 146074531, registered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS 0000416003, e-mail: sklep@phenicoptere.com, tel.: + 48 534 108 102.


The provisions of these Terms and Conditions do not exclude or limit the absolutely applicable rights of the Consumer, as well as the rights of the Entrepreneur-Consumer. Any doubts shall be interpreted in favor of the Consumer and the Entrepreneur-Consumer, and in the event of a conflict between the provisions of these Terms and Conditions and the absolutely applicable regulations, the relevant regulations shall apply, provided that the remaining provisions of the Terms and Conditions remain valid and in force.

1 Definitions

  1. Working days – means weekdays from Monday to Friday, excluding public holidays, as defined by the applicable provisions of Polish law.
  2. Delivery – means the actual activity of delivering the Goods specified in the order to the Customer by the Seller, through the Provider.
  3. Supplier – means the entity with which the Seller cooperates in the scope of making the Delivery of Goods:
  1. a) courier company DPD – courier shipping with prepayment, cost 13 PLN; courier shipping cash on delivery, cost 20 PLN,
  2. b) InPost Parcel Lockers – courier shipping or Delivery via the parcel locker system (Paczkomat), cost 13 PLN
  1. Client – means a natural or legal person with whom the Seller concludes a Sales Agreement or for whom Electronic Services are provided.
  2. Consumer – means a Customer who is a natural person, concluding a contract with the Seller for the provision of Electronic Services, using Electronic Services, or concluding a contract for the sale of Goods with the Seller via the Online Store, for purposes not directly related to their business or professional activity.
  3. Customer Account – means an Electronic Service provided through an individual panel made available by the Seller to each Customer in the Online Store, through which the Customer can conclude a sales agreement for Goods with the Seller, track the status of order fulfillment and payment status, as well as the history of completed orders, view and edit their data, and add product reviews. To create a Customer Account, the Customer completes a free Registration.
  4. Entrepreneur – means a natural person, a legal person, or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business activity.
  5. Entrepreneur-Consumer – means a natural person entering into a contract with the Seller directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity they perform, made available based on the provisions of the Central Registration and Information on Business.
  6. Terms and Conditions – means these regulations.
  7. Registration – means an actual action performed in the manner specified in the Regulations, required for the Client to use the electronic Service Customer Account.
  8. Subscription – a subscription service for selected Goods, involving their periodic Delivery to the Customer, with a frequency chosen by them;
  9. Seller – means Phenicoptere limited liability company based in Warsaw
    (00-791), ul. Chocimska 14a, lok. 101, NIP: 7010338017, REGON: 146074531, registered in the business register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS 0000416003, with a share capital of 85,000 zlotys; e-mail: sklep@phenicoptere.com, simultaneously being the owner of the Online Store and the Website.
  10. Online store – means an online store available on the Website.
  11. Website – a website available at www.glov.co, which includes, among others, an Online Store.
  12. Goods – means a product presented by the Seller through the Online Store, which may be the subject of a Sales Agreement.
  13. Sales Agreement – means a distance sales contract concluded under the terms specified in the Regulations, between the Customer and the Seller.
  14. Electronic service – a service provided electronically by the Seller to Users based on these Terms and Conditions.
  15. User – every person using the Website.


The definitions referred to in this paragraph apply accordingly to the Privacy Policy published on the Website.

2 General provisions and use of the Website

  1. Using the Website is based on these Terms and Conditions, after entering the electronic address glov.co into the web browser
  2. The provisions of these Terms and Conditions apply in the case of concluding and executing sales contracts for Goods through the Online Store, as well as in the case of using Electronic Services.
  1. The seller makes every effort to ensure that the Website operates continuously and that it is accessible to Internet users using the most popular web browsers, operating systems, device types, and types of internet connections. However, the seller reserves the right that technical interruptions may occur in the operation of the Website.
  2. The information contained on the Website and in the Online Store does not constitute a sales offer within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
  3. The public nature of the Internet and the use of Electronic Services may involve the risk of unauthorized persons obtaining and modifying User data, therefore Users should apply appropriate technical measures to minimize the aforementioned risks. In particular, they should use antivirus programs and identity protection software when using the Internet. The Seller never asks the User to provide their Account password in any form.
  4. It is not permissible to use the resources and functions of the Website or Online Store to conduct activities that would violate the Seller's interests or generally applicable laws.

3 Technical conditions

  1. The Website may be used by any User who has a computer, smartphone, tablet, or other similar multimedia device equipped with an operating system (Windows, Linux, Mac, or similar) and a connection to the public Internet network, and who has a web browser version at least: Internet Explorer 10, Chrome 20, FireFox 19, Opera 15, Safari 6 or newer, with JavaScript support enabled and the option to accept "cookies" files, as well as an internet connection with a bandwidth of at least 256 kbit/s. The online store has been optimized for a minimum resolution of 320px.
  2. The website uses a cookie mechanism, which, during Users' use of the Website, are saved by the Seller's server on the hard drive of the User's end device. The use of cookies aims, among other things, to ensure the proper functioning of the Website on Users' end devices. This mechanism does not damage the User's end device nor cause configuration changes in the Users' end devices or in the software installed on these devices. Each User can disable the cookie mechanism in the web browser of their end device. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Website. Detailed information regarding the use of cookies can be found in the Privacy Policy published on the Website. The website also uses a remarketing tool and similar audience lists provided by Google.
  3. In order to conclude a sales contract for the Goods via the Online Store, the User must have an active email account.
  4. A user of the electronic service Customer Account is obliged to keep confidential the data allowing login and is responsible for actions performed in the online store after logging in. At the same time, the user undertakes to:
  1. immediate notification to the Seller in the event of obtaining information about unauthorized use of the login, password, or Customer Account by third parties or the occurrence of another similar security threat;
  2. logging out of the Customer Account after each use of the Online Store; The User is responsible for controlling the way the login and password are stored and used, as well as for controlling access and use of the established Customer Account.
  1. Ending the use of the Online Store through the Customer Account occurs by selecting the "Log out" option.
  2. The user has the right to stop using the Website at any time by leaving it.


4 Rights and Obligations of Users and the Seller

  1. The Seller is entitled to suspend the operation or block access to the Website or some of its functions, in particular due to maintenance activities, hardware replacement, modifications, and for reasons beyond the Seller's control. The Seller is not responsible for any difficulties or inability to use the Website if they arise from reasons for which the Seller is not responsible.
  2. The Seller asks Users to notify the Seller at the address sklep@phenicoptere.com about incorrect, inaccurate, erroneous, offensive, illegal, or otherwise undesirable content that the User has noticed on the Website.
  3. The user is obliged not to provide content that is unlawful, offensive, misleading, contains viruses, or that may cause disruptions or damage to computer systems, under the penalty of liability provided by law. In particular, the user is not authorized to:
  1. using the Website to create, store, or transmit materials encouraging aggression, property damage, and acts prohibited by law or that may result in criminal or civil liability;
  2. using the Website to harm minors or to attempt to harm them;
  3. using the Website to create, store, or transmit materials intended to harass other Users;
  4. using the Website to post false, misleading, or deceptive offers for the sale of products, items, or services, encouraging others to send "chain letters," and encouraging them to join groups based on the principle of a financial pyramid, etc.;
  5. using, without the Seller's written consent, the Website for creating, storing, or transmitting advertising materials, including in particular advertising products and services and for hidden commercial purposes;
  6. using the Website to gain unlawful access to other Users' data and attempting to breach protections safeguarding data, software, computer hardware, or electronic communication systems of third parties, as well as the telecommunications network;
  7. using the Website to collect personal data about third parties without their knowledge and consent, including also taking actions involving collecting data from the computer screen (eng. screen scraping) and collecting information from data sets (Eng. database scraping) or other actions aimed at obtaining a list of Users or other data;
  8. using the Website for any activities that would cause loss or limitation of the ability to use the Website or the Internet as such for other Users, including any practices related to hacking activities;
  9. using the information and materials posted on the Website in a manner that is contrary to the law, good practices, infringes the interests of third parties or the interests of the Seller;
  10. using the Website in a way that causes bandwidth overload;
  11. using the Website in a manner that causes harm to the Seller's interests;
  12. using programs that automatically download content from the Website without the Seller's consent expressed in writing, under the penalty of nullity;
  13. placing on other websites and using in any form the information and materials placed on the Website without the prior consent of the Seller expressed in writing under pain of nullity.
  1. The User, without the prior consent of the Seller, expressed in writing under pain of nullity, is not authorized to use the Website for the purpose of conducting any direct or indirect advertising of products and services.
  2. In the event that the Seller finds a violation of the rules for using the Website, specified in these Terms and Conditions and in mandatory legal provisions, including in particular by breaking the Website's security, posting content on the Website that is unlawful, offensive, or deprecating the Seller's or third parties' activities, upon receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, the Seller will immediately block access to such data and block access to the Website and the electronic Services provided through it for such User and remove such content. The Seller will inform the User about the blocking of access to the electronic Service of the Customer Account by sending a message to the e-mail address provided during Registration.


5 Intellectual Property Rights

  1. The website contains goods protected by copyright, trademarks, and other assets subject to intellectual property rights protection, including rights to the name, internet domain, patterns, forms, logos (except for materials whose copyrights belong to third parties), and their use (excluding permitted personal use), copying, and all forms of distribution are prohibited without the prior written consent of the Seller.
  2. Copyright and related rights to works published on the Website, as well as industrial property rights, belong to the Seller or other authorized entities and are protected under generally applicable legal provisions.
  3. None of the provisions of these Terms and Conditions may be interpreted as granting permission or the right to use any intellectual property rights, on any basis.
  4. As part of permitted personal use, the User has the right to download and print the Website or its fragments, provided they are used exclusively for personal purposes, as long as this does not infringe the copyrights and related rights as well as the industrial property rights of the Seller or other authorized entities.
  5. The website, nor any part of it, including the information or materials contained on the Website, may be used for commercial purposes, including copying, transmitting, modifying, reproducing in any fields of exploitation, or used in any other way without the prior consent of the Seller (or another authorized entity), expressed in writing under pain of nullity.
  6. Any infringement of intellectual property rights, related rights, or industrial property rights by the User may result in liability as specified in generally applicable legal provisions.

6 Electronic services

The Seller provides Users, free of charge, generally 7 days a week, 24 hours a day, under the terms described in these Terms and Conditions, with the following Electronic Services:

  1. a) Contact form;
  2. b) Client Account;
  3. c) Newsletter.
  1. The seller reserves the right to select and change the type, form, time, and method of providing access to selected listed electronic Services, about which it will inform Users in a manner appropriate for changes to the Terms and Conditions.
  2. The user can use the Contact Form available on the Website at any time, which allows sending a message to the Seller. Using the Contact Form is a one-time action and ends upon sending the message to the Seller. The user can stop using the Contact Form at any time by ceasing to use this feature or by stopping use of the Website.
  3. The User can use the Customer Account, which allows the use of a dedicated panel provided by the Seller, through which the User can conclude a sales contract for Goods with the Seller, track the status of order fulfillment and payment status, as well as the history of completed orders, view and edit their data, and add product reviews. To create a Customer Account, the Client performs a free Registration, as referred to in section 5 below.
  4. Customer Account Registration is done through:
  1. completion by the User of the registration form available on the Website, including providing all required data in the form or logging into their account on one of the online services indicated next to the registration form;
  2. familiarization with and acceptance of these Terms and Conditions and the Privacy Policy;
  3. submission of the completed registration form to the Seller by clicking the "Send" button;
  4. confirmation of Registration by clicking on the activation link sent to the email address provided by the User.
  1. After submitting the completed registration form and clicking on the activation link, a confirmation of Registration will be sent to the email address provided by the User. Upon receipt of the confirmation, a contract for the provision of the electronic Service Customer Account is concluded (for an indefinite period).
  2. The user can change the data provided during Registration at any time by editing it after logging into the Customer Account.
  3. The user can terminate the use of the Customer Account at any time by logging out. The deletion of the Customer Account can be done by sending a request to delete the Customer Account to the Seller at their email address sklep@phenicoptere.com. In the case of an email request for the deletion of the Customer Account submitted to the Seller, it will be deleted within 14 days of the request. Deleting the Customer Account results in the irreversible removal of all data collected on the Account by the User.
  4. The electronic service Newsletter consists of the Seller sending, to the email address, an email message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Users who have subscribed. Each Newsletter addressed to the User contains, in particular: information about the sender, a filled-in "subject" field specifying the content of the message, and information about the possibility and method of unsubscribing from the Newsletter.
  5. Anyone who: can use the Newsletter
  1. will provide their name and enter their email address into the registration form available on the Website, 
  2. will make a statement consenting to the sending of commercial information electronically to the specified email address, as well as:
  3. will confirm the Newsletter subscription by clicking on the activation link sent to the email address provided by the User. Upon confirmation, a contract for the provision of the electronic Newsletter Service is concluded.


  1. The user can unsubscribe from receiving the Newsletter at any time by using the unsubscribe link included in every email sent as part of the Newsletter.
  2. The seller may terminate the contract for the provision of the electronic service User Account with a 14-day notice period by sending a statement to the email address provided by the User during Registration.
  3. The customer may terminate the contract for the provision of the Electronic Service at any time and without giving reasons, without observing a notice period, subject to the provisions below.
  4. A Customer who has completed Registration terminates the contract for the provision of the Electronic Service by sending the Seller an appropriate declaration of intent, using any means of remote communication that allows the Seller to become acquainted with the Customer's declaration of intent, including, among others, in the manner referred to in paragraphs 8 and 11 above.
  5. The Seller is entitled to block access to the Customer Account and other electronic Services in the event that the Customer acts to the detriment of the Seller or other Customers, violates legal provisions or the Terms and Conditions, as well as when blocking access to the Customer Account and other electronic Services is justified for security reasons, including in particular breaking the Website's security or other hacking activities. The blocking of access to the Customer Account and other electronic Services for the aforementioned reasons lasts for the period necessary to resolve the issue that is the basis for blocking access to the Customer Account or other electronic Services. The Seller notifies about the blocking of access to the Customer Account or other electronic Services to the e-mail address provided by the Customer in the registration form.
  6. The seller has the right to terminate the electronic services agreement, including deleting the Customer's Account with immediate effect in the following cases:
  1. violations by the User of essential provisions of the Terms and Conditions,
  2. upon the Seller obtaining justified, reliable information that the User Account name is contrary to the law, good morals, infringes the personal rights of third parties, or the legitimate interests of the Seller,
  3. placing content by the User that is inconsistent with applicable laws,
  4. use of the electronic Service by the User in a manner inconsistent with its intended purpose,
  5. removal by the User of the email address that was used to create the Customer Account and failure to provide a new active email address belonging to the User,
  6. receiving repeated messages by the Seller about the User's mailbox being full, preventing further provision of Electronic Services.
  1. The seller reserves the right to refuse to provide Services to the User, including deleting their User Account, if it has been created again after the User Account was deleted due to a violation of the Terms and Conditions.
  2. The User may submit a complaint to the Seller regarding the use of Electronic Services provided by the Seller. The complaint can be submitted electronically and sent to the address sklep@phenicoptere.com. In the complaint submission, the User should include a description of the issue encountered. The Seller will promptly, but no later than within 14 days, review the complaint and provide a response to the address indicated in the complaint.

7 Orders

  1. The customer can place orders in the Online Store, as a rule, 7 days a week, 24 hours a day. To place an order in the Online Store, the customer must have an active email account.
  2. Placing orders through the Website is done as follows:
  1. The customer assembles the order by selecting the Product they are interested in - adding the Product to the order is done by choosing the "Add to cart" command under the given Product displayed on the Website.
  2. After completing the entire order, the Customer selects the "View Cart" button and is redirected to the so-called shopping cart. In the "cart," the Customer can add a message to the Seller and also estimate the delivery cost. Then the Customer selects the "Proceed to Checkout" button. 
  3. Continuing the ordering process, the Customer can log in to the Customer Account or fill out a form with contact details (email address, shipping address, and contact phone number) and make purchases without registration. Then the Customer clicks the "Proceed to Shipping" button and selects their preferred method of Product Delivery.
  4. After selecting the Delivery method, the Customer clicks the "Proceed to payment" button and chooses their preferred payment method. To make the payment and finalize the order process, by clicking the "Order and pay" button, the Customer is redirected to the external payment operator's website, unless the Customer uses the option to pay on delivery (in which case clicking the "Order and pay" button finalizes the order process).

If the Customer has a discount code, they can enter this code into the dedicated field in the order form, which will apply the appropriate discount.

  1. In order to place an order, the Customer must read this Terms and Conditions and Privacy Policy and accept their provisions. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as any additional costs they are obliged to bear in connection with the concluded Sales Agreement.
  2. Placing an order in the manner described in sections 1-3 above constitutes the Client's offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
  3. After placing the order, the Seller sends a confirmation of its placement to the email address provided by the Customer. Then, after confirming the placement of the order, the Seller sends information about the acceptance of the order for processing to the email address provided by the Customer. The information about the acceptance of the order for processing is a statement by the Seller accepting the offer referred to in paragraph 4 above, and upon its receipt by the Customer, the Sales Agreement is concluded.
  4. The seller confirms to the customer the terms of the sales agreement by sending them to the customer's email address. The seller sends the customer, in particular, information confirming the order fulfillment, the order number, and information containing confirmation of the terms of the sales agreement for the goods, as well as providing their registration details.
  5. The seller informs the customer in the sent order confirmation or by means of these Terms and Conditions about:
  1. main features of the Product and the way the Seller communicates with the Consumer;
  2. data identifying the Seller, in particular the company, the authority that registered the business activity, as well as the number under which it was registered;
  3. the Seller's address, email address, and telephone or fax numbers if available, through which the Consumer can quickly and effectively contact the Seller;
  4. address where the Consumer can submit complaints, if it is different from the address mentioned in point c) above;
  5. total price or remuneration for the delivery of the Goods including taxes, as well as fees for transport, delivery, postal services, and other costs, and when the amount of these fees cannot be determined – the obligation to pay them;
  6. method and deadline of payment;
  7. the method and deadline for delivery of the Goods by the Seller and the procedure applied by the Seller for handling complaints;
  8. the manner and deadline for the Consumer and the Entrepreneur-Consumer to exercise the right of withdrawal from the contract, as well as the template withdrawal statement;
  9. the costs of returning the Goods in the event of withdrawal from the contract, which are borne by the Consumer or the Entrepreneur-Consumer; with regard to distance contracts – the costs of returning the Goods, if due to their nature these items cannot be returned by regular mail;
  10. Seller's obligation to deliver the Goods without defects;
  11. possibilities of using out-of-court methods for handling complaints and pursuing claims, as well as the rules for access to these procedures;
  12. additional services offered by the Seller in connection with the placed order and their estimated costs, and if it is not possible to determine the amount of these fees – about the obligation to pay them.
  1. The colors of the Products displayed on the Website and color samples may differ from the actual color due to technical reasons (such as computer settings, graphics card, monitor settings) and are for illustrative purposes only. Differences in the color (especially in shade and saturation) of the presented Product cannot be the basis for any claim against the Seller based on the allegation of non-compliance of the Product with the contract.


8 Subscription

  1. The Seller enables Customers to use the Subscription service for selected Goods. The service involves delivering the Goods to the address specified by the Customer, at intervals chosen by them (every 30 days, every 60 days, or every 90 days), without the need for the Customer to make additional declarations or place further orders.
  2. The first order placed under the Subscription service is fulfilled immediately after the order is placed, under the terms specified in § 7 and § 10. Subsequent orders are fulfilled at the interval selected by the Customer. 
  3. Before the date of the next Delivery, the Seller informs the Customer by e-mail. The information referred to in the previous sentence constitutes confirmation of the acceptance of the order for processing. At the moment the Buyer receives it, a contract is concluded between the Customer and the Seller. The Customer may withdraw the next order until it is confirmed by the Seller under the terms specified in this paragraph and paragraph 6.
  4. On the scheduled day of shipping subsequent orders, the Seller charges the funds constituting the price of the Goods and the Delivery costs (if Delivery is chargeable) from the payment card of the Customer, whose number was provided when placing the first order. The order is shipped after confirmation of payment processing from the external PayPal payment system. If the transaction is declined, for example due to insufficient funds on the payment card, the Subscription will not be renewed.
  5. Changing the Subscription model, changing the date or shipping address of the next order, changing the Goods covered by the Subscription, and canceling the Subscription are possible at any time, but at least 24 hours before the shipment of the next order. To do this, the Customer makes the appropriate changes from their Customer Account or sends the Seller the relevant information by e-mail. Registering a Customer Account is not mandatory if the Customer uses the Subscription service, but it will be possible to directly cancel the Subscription from the Customer Account.
  6. If the Seller is unable to fulfill the next order, they will inform the Customer via email, without charging the Customer any additional fees. 


9 Payments

  1. The prices of the Goods in the online store are given as gross amounts. The prices of the Goods do not include information about delivery costs and other expenses that the Customer will be obliged to bear in connection with the conclusion of the sales contract for the Goods, and about which the Customer will be informed at the order placement stage.
  2. The customer can choose the following payment methods for the ordered Goods:
  1. bank transfer via the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the order processing will begin after the Seller sends the order confirmation to the Customer and after the Seller receives information from the PayPal service about the payment made by the Customer);
  2. bank transfer via the external payment system Przelewy24, operated by PayPro S.A. based in Poznań, ul. Kanclerska 15, 60-327 Poznań (in this case, the order processing will begin after the Seller sends the Customer an order acceptance confirmation and after the Seller receives information from the Przelewy24 service about the payment made by the Customer);
  3. by payment card, via the Przelewy24 service, operated by PayPro S.A. based in Poznań, ul. Kanclerska 15, 60-327 Poznań (in this case, the order fulfillment will begin after the Seller sends the Customer an order acceptance confirmation and after receiving information from the Przelewy24 service about the successful completion of the payment);
  4. payment via the external Blik payment system, through the Przelewy24 service, operated by PayPro S.A. based in Poznań, ul. Kanclerska 15, 60-327 Poznań (in this case, the order fulfillment will begin after the Seller sends the order acceptance confirmation to the Customer and after the Seller receives information from the Przelewy24 service about the payment made by the Customer);
  5. as part of the Subscription, by payment card, through the external PayPal payment system, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the fulfillment of subsequent orders will begin after the Seller sends the Customer information about the fulfillment of the next order and after the Seller receives confirmation of the payment transaction from the PayPal service);
  1. The Customer is each time informed by the Seller on the Website about the deadline by which they are obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
  2. In the event of non-registration of payment, the Seller sends this information to the Customer via e-mail. The Customer is asked to make the payment again to the account number designated by the Seller or to send the confirmation to the e-mail address sklep@phenicoptere.com for payment verification.
  3. In the event that the Customer fails to make the payment within the deadline specified in paragraph 3 above, the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it. The information about the additional payment deadline shall also include a notice that after the unsuccessful expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the unsuccessful expiration of the second payment deadline, the Seller shall send the Customer a statement of withdrawal from the agreement pursuant to Article 491 of the Civil Code.
  4. Electronic payments are processed through external payment operators, indicated in section 2 above. The seller does not process Customers' data from their payment cards or other data provided by the Customer during electronic payments.


10 Delivery

  1. The seller posts on the Website information about the number of Business Days needed to process the order and Delivery. The standard order processing time along with domestic shipment delivery is approximately 2 Business Days for all Delivery options, counted from the moment the order is placed and paid for (unless the Customer chooses the cash on delivery payment option). Orders placed and paid for on a Business Day by 11:00 AM are generally shipped the same day.
  2. The Ordered Goods are delivered to the Customer via the Supplier to the address specified in the order form, unless the Customer has chosen the option of personal pickup of the Goods at the Seller's premises. In the case of choosing Delivery to a parcel locker, the Delivery address will be the address of the parcel locker selected by the Customer at the time of placing the order.
  3. On the day the Goods are shipped to the Customer (if the option of personal collection of the Goods has not been chosen), a confirmation of the shipment sent by the Seller is sent to the Customer's email address.
  4. The customer is obliged to inspect the delivered shipment in a timely manner and in the manner accepted for shipments of the given type. In case of detecting a shortage or damage to the shipment, the customer has the right to request the delivery employee to draw up an appropriate report, and in case of refusal, the customer shall draw up the report independently and send it to the seller (via email).
  5. The seller, in accordance with the Customer's wishes, includes a receipt or VAT invoice covering the delivered Goods with the shipment subject to Delivery or sends this document by e-mail.

11 Seller's Liability for Product Defects

  1. The Seller guarantees the Delivery of Goods free from physical and legal defects. The Seller is responsible to the Customer if the Goods have a defect for which the Seller is liable in accordance with the provisions of generally applicable law.
  2. If the Goods have a defect, the Customer may:
  1. to make a statement about a price reduction or withdrawal from the Sales Agreement, unless the Seller promptly and without undue inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. A Customer who is a Consumer may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods with defect-free ones or, instead of the replacement of the Goods, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free Goods, the type and significance of the identified defect are taken into account, as well as the inconvenience that another method of satisfaction would cause the Customer. The two above sentences do not apply to an Entrepreneur-Consumer.
  2. demand the replacement of the defective Goods with goods free from defects or the removal of the defect. The Seller is obliged to replace the defective Goods with goods free from defects or remove the defect within a reasonable time, without causing excessive inconvenience to the Customer. If the Buyer is an Entrepreneur, the Seller may refuse to replace the Goods free from defects or remove the defect if the cost of fulfilling this obligation exceeds the price of the Goods.
  1. A customer exercising rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer (which does not apply to an Entrepreneur-Consumer), the delivery cost is covered by the Seller (in other cases, the delivery costs of the Goods are covered by the Customer who is not a Consumer).
  2. The seller is liable under the warranty if a physical defect is found within two years from the date the Goods are delivered to the Customer. The claim for defect removal or replacement of the Goods with defect-free Goods expires after one year from the date of delivery of the Goods, but if the Customer is a Consumer (which does not apply to an Entrepreneur-Consumer), this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on the price reduction due to the defect of the Goods. If the Customer requested the replacement of the Goods with defect-free Goods or the removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement on the price reduction begins upon the ineffective expiry of the deadline for the replacement of the Goods or removal of the defect.
  3. Any complaints related to the Goods or the execution of the Sales Agreement may be submitted by the Customer in writing to the Seller's address, by phone number provided on the Website, or via email at: sklep@phenicoptere.com or through the Contact Form.
  4. The complaint should indicate a description of the problem constituting the basis for its submission and the Customer's data (including first and last name or company name, postal address, e-mail address). Complaints that do not contain data enabling the identification of the Customer will not be considered by the Seller. The complaint should also include the Customer's submission of one of the demands referred to in paragraph 2 above.
  5. The seller is entitled to contact the Customer who submitted the complaint as well as the Customer to whom such complaints relate, to the extent necessary to determine the validity of the complaint and to initiate any explanatory proceedings.
  6. The seller will respond to the complaint regarding the Goods or the complaint related to the execution of the Sales Agreement submitted by the Customer within 14 days from the date of the complaint request.
  7. The Seller notifies the Customer submitting the complaint about the consideration of the complaint to the e-mail address provided in the submission.
  8. In the event of a complaint regarding the Goods submitted by a Customer who is a Consumer, who has requested the replacement of the Goods or the removal of a defect, or has made a statement about a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the Consumer's request has been accepted as justified. This provision does not apply to an Entrepreneur-Consumer.


12 Withdrawal from the Sales Agreement

  1. A Customer who is a Consumer, as well as an Entrepreneur-Consumer, has the right to withdraw from the concluded sales contract of the Goods, concluded outside the entrepreneur's premises or at a distance, without giving any reason, within 14 days from the day of receiving the Goods, unless the subject of the performance is a non-prefabricated item, manufactured according to the Customer's specifications or intended to meet their individualized needs, or other exclusions apply, as indicated in Article 38 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
  2. The Consumer, as well as the Entrepreneur-Consumer, submits a statement of withdrawal from the Sales Agreement in writing to the Seller's address or via email to the Seller's email address. The statement may be submitted using the form, the template of which is attached to these Terms and Conditions. To meet the deadline, it is sufficient to send the statement before the deadline expires. In the case of submitting the statement electronically, the Seller promptly confirms receipt of the statement to the Consumer's or Entrepreneur-Consumer's specified email address.
  3. In the event of exercising the right of withdrawal, the Sales Agreement is considered not concluded. If the Consumer or Entrepreneur-Consumer has submitted a statement of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
  4. The seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the Sales Agreement, refund all payments made by them, including the cost of Delivery of the Goods to the Consumer or Entrepreneur-Consumer. The seller may withhold the refund of payments received from the Consumer or Entrepreneur-Consumer until the return of the Goods is received or the Customer provides proof of sending back the Goods, whichever occurs first.
  5. If the Consumer or Entrepreneur-Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or Entrepreneur-Consumer.
  6. The Consumer or Entrepreneur-Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the deadline expires.
  7. In the event of withdrawal, a Client who is a Consumer or a Consumer-Entrepreneur bears only the direct costs of returning the Goods.
  8. If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer or Consumer-Entrepreneur about the costs of returning the Goods.
  9. The Consumer or Entrepreneur-Consumer is responsible for the reduction in the value of the Product resulting from its use in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Product.
  10. The seller makes the refund using the same payment method that the Consumer or Consumer-Entrepreneur used, unless they have explicitly agreed to a different refund method that does not incur any costs for them.
  11. The right of withdrawal from the Sales Agreement does not apply to a Client who is a Consumer or a Consumer-Entrepreneur in relation to contracts where the Goods are items delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery.

13 Provisions concerning Entrepreneurs

  1. The provisions of this paragraph do not apply to Consumers. The provisions of this paragraph apply to Entrepreneur-Consumers, unless explicitly stated otherwise.
  2. An entrepreneur (excluding an Entrepreneur-Consumer) is not entitled to exercise the right of withdrawal from the concluded sales contract of the Goods, as referred to in § 12 of the Regulations.
  3. In the case of Entrepreneurs, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the chosen payment method.
  4. In the case of Entrepreneurs, the Seller has the right to extend the order fulfillment time for each of the ordered Goods for important reasons, for the time necessary to remove the obstacle in order fulfillment. In such a case, the Client being an Entrepreneur is not entitled to withdraw from the Sales Agreement, unless the Entrepreneur-Consumer exercises this right.
  5. An Entrepreneur (excluding an Entrepreneur-Consumer) is obliged to inspect the shipment delivered by the carrier at the time of its delivery. If they find that there has been a loss or damage to the ordered item during transport, they are required to take all necessary actions to determine the carrier's liability, under the penalty of losing the right to invoke the defect of the subject of the contract against the Seller during the complaint procedure, which the Entrepreneur (excluding the Entrepreneur-Consumer) could notice in the normal course of activities when making deliveries of this type of shipments.
  1. Seller's Liability in Relation to the Entrepreneur (excluding the Entrepreneur-Consumer) regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement.
  2. The seller has the right to withdraw from the contract concluded with the Entrepreneur (excluding the Entrepreneur-Consumer) within 14 days from the date of its conclusion, without giving any reason. In such a case, the Seller shall not be liable for damages to the Client who is not a Consumer for non-performance of the obligation, except for the circumstances referred to in Article 473 § 2 of the Civil Code.
  1. The seller bears no liability towards the Entrepreneur (excluding the Entrepreneur-Consumer) liability for lost profits.
  2. Any disputes arising between the Seller and the Entrepreneur (with the exception of the Entrepreneur-Consumer) shall be submitted to the jurisdiction of the common court in Poland competent for the Seller's registered office.
  3. The seller is not liable to the Entrepreneur (excluding the Entrepreneur-Consumer) for any inconvenience or inability to use the online Store.
  4. Acceptance of the Terms and Conditions is equivalent to consenting to the Seller issuing and sending a VAT invoice in electronic form (pdf file) to the email address provided in the order.
  5. In the event of discovering hidden defects within 7 days from the date of receipt of the shipment, i.e., those that could not be noticed at the time of receipt, the Entrepreneur (excluding the Entrepreneur-Consumer) is obliged to immediately notify the Seller of the above fact (in the form of an e-mail), under the penalty of losing the right to invoke these defects during the complaint procedure.
  6. The seller reserves the right to verify whether the contract concluded with a person who wishes to use the status of Entrepreneur-Consumer does not have a professional character for that person, in particular by verifying the subject of the business activity performed, made available under the provisions on the Central Register and Information on Economic Activity. If it turns out that the contract has a professional character for the person referred to in the previous sentence, the seller may refuse to grant that person the status of Entrepreneur-Consumer..


14 Out-of-court methods of claim enforcement and dispute resolution

  1. Every Consumer can use out-of-court methods for handling complaints, pursuing claims, and resolving disputes. This includes, among others:
  1. use of mediation by the Consumer; lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the competent District Courts in Poland;
  2. using the assistance of the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection.
  1. Detailed information on out-of-court dispute resolution methods can be found by the Consumer on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
  2. In the event of a negative resolution of the Product complaint, the Seller expresses the intention to use an out-of-court consumer dispute resolution system. The entity competent to resolve the aforementioned disputes for the Seller is the Trade Inspection – Mazovian Provincial Inspector of the Trade Inspection in Warsaw, website address of the Entity: http://www.wiih.org.pl/index.php?id=1
  3. The President of UOKiK maintains a register of entities conducting out-of-court consumer dispute resolution proceedings, which can be found at the address: http://polubowne.uokik.gov.pl/rejestr,5,pl.html
  4. The list of entities conducting out-of-court consumer dispute resolution proceedings through the ODR platform (ODR ― Online Dispute Resolution) is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
  5. The provisions of this paragraph do not apply to the Entrepreneur-Consumer.


15 Personal Data Protection

  1. Administratorem danych osobowych Użytkowników, w tym Klientów Sklepu internetowego, jest Sprzedawca.
  2. Detailed rules for processing Users' personal data and the rules for using cookies are described in the Privacy Policy published on the Website.


16 Final provisions

  1. The content of these Terms and Conditions may be saved by printing, storing on a medium, or downloaded at any time from the Website. To print, click HERE.
  2. In matters not regulated by these Terms and Conditions, including disputes arising in connection with agreements concluded on their basis, the applicable provisions of Polish law shall apply. If these Terms and Conditions refer to generally applicable legal provisions, such provisions are understood to mean the generally applicable provisions of Polish law.
  3. In the event that provisions which cannot be excluded by contract, under the law applicable in the Member State of the European Union where the Consumer or Consumer-Entrepreneur has their habitual residence, are more favorable to the Consumer or Consumer-Entrepreneur than the provisions of these Terms and Conditions, then those provisions shall apply to contracts concluded on the basis of these Terms and Conditions, to the extent that they grant the Consumer or Consumer-Entrepreneur more favorable protection. In all other respects, the provisions of the Terms and Conditions shall apply.
  4. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for fulfillment before the effective date of the new Terms and Conditions will be executed based on the Terms and Conditions that were in effect on the day the Customer placed the order. The change to the Terms and Conditions takes effect 14 days from the date of publication on the Website. The Seller will inform the User 14 days before the new Terms and Conditions come into effect by means of an electronic message containing a link to the text of the amended Terms and Conditions. If the User does not accept the new content of the Terms and Conditions, they agree not to use the Website and to inform the Seller of this. In such a case, contracts for the provision of electronic services to that User shall be terminated with immediate effect.
  5. This Terms and Conditions is effective from November 2, 2021. The archived terms and conditions, applicable to agreements concluded until November 2, 2021, can be found HERE.


WITHDRAWAL FORM

(this form should be filled out and sent back only in case of withdrawal from the contract
by the Consumer or the Entrepreneur-Consumer)



____________________, on ____________ year

(place, date)

______________________________

(first and last name)

______________________________

(adres)

______________________________

(adres c.d.)


Phenicoptere limited liability company

  1. Chocimska 14a lok. 101, 00-791 Warsaw

e-mail: sklep@phenicoptere.com



STATEMENT OF WITHDRAWAL FROM THE SALES AGREEMENT



I, the undersigned ____________________________________________, in connection with the sales agreement dated ______________________, order number ___________________, delivery date ___________________, hereby inform you of my withdrawal from the sales agreement for the following goods:


1)_______________________________________________________________________________;


2)_______________________________________________________________________________;


3)_______________________________________________________________________________;


4) ______________________________________________________________________________;


5) ______________________________________________________________________________.



Reason for withdrawal:_______________________________________________________________


________________________________________________________________________________*)




_____________________________

signature**)




*) indicating the reason for withdrawal is optional

**) if the form is submitted in paper version