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Terms

TERMS OF USE

OF THE ONLINE STORE

OPERATED BY

PHENICOPTERE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

 

§ 1

General provisions

1.     These Terms of Use apply to the terms of use by users of the online store located at the following web address: www.glov.eu, which specify the terms and conditions of sales carried out via the Online Store.

2.     The Online Store is operated by Phenicoptere spółką z ograniczoną odpowiedzialnością with its registered seat in Warsaw, ul. Nowogrodzka 18A/21, 00-511 Warsaw, entered in the register of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw – 12th Commercial Division of the National Court Register under KRS No. – 0000416003, NIP: 7010338017 e-mail address: contact@phenicoptere.com, phone number: 0048-577-514-308.

3.     The provisions of these Terms of Use do not exclude nor do they limit mandatory Consumer rights. Any doubts are interpreted in the Consumer's favour, and in the event of discrepancies between the provisions of these Terms of Use with peremptory provisions, those provisions apply, however other stipulations of the Terms of Use remain valid and in force.

4.     A User can contact the Seller via electronic mail: contact@phenicoptere.com, by using the Contact Form referred to in § 7 (1) b) and via phone (using the number provided on the Online Store website).

 

§ 2

Glossary

The terms used in these Terms of Use shall have the following meaning:

 

Terms of Use – these Terms of Use.

 

Working days – mean weekdays from Monday to Friday, with the exclusion of public holidays pursuant to applicable provisions in force in the Republic of Poland.

 

Consumer – A User who is a natural person, who concludes an agreement for the provision of Electronic Services or who uses Electronic Services or who concludes an agreement with the Seller via the Online Store on the delivery of Goods for purposes not connected directly with his or her economic or professional activity.

 

Seller – Phenicoptere spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, ul. Nowogrodzka 18A/21, 00-511 Warsaw, entered in the register of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw – 12th Commercial Division of the National Court Register under KRS No. – 0000416003, NIP: 7010338017.

 

Electronic Services – all services provided via electronic means by the Seller to Users under these Terms of Use.

 

Goods – means a product presented by the Seller on the Website for the purpose of its sale to Users.

 

User – any person using the Online Store.

 

§ 3

General provisions

1.     The use of the Online Store is done under these Terms of Use and is possible after the following electronic address is entered: www.glov.eu

2.     All information and content included on the Online Store website has been collected and developed by the Seller in good faith and on the basis of sources which are considered credible, however the Seller is not liable for decisions taken by Users on the basis of information included on the Online Store website or the effects of the Users' making use of the information obtained through the Online Store website.

3.     The information included on the Online Store website does not constitute an offer within the meaning of the Polish Civil Code and solely constitute an invitation to make the Seller offers for the conclusion of an agreement on the delivery of Goods to the User.

4.     The Seller declares that the Online Store contains goods protected by copyrights, trademarks and other intangible goods which are protected by intellectual property rights, and their use (with the exception of fair use), copying, reproducing and any forms of distribution carried out without the Seller's consent (or possibly the consent granted by authorised third parties) is prohibited.

5.     Users are prohibited to post any content which is illegal, offensive, false or likely to mislead, containing viruses or content which may cause interference or damage to computer systems.

6.     The Seller is not liable for possible impediments or lack of access to the Online Store, provided they are not due to the Seller's fault or in any another manner attributable to the Seller.

7.     The Seller is not responsible for damage caused to the User's property as a result of the Seller's non-performance or improper provision of Electronic Services provided via the Online Store if they are the result of force majeure, in particular in connection with terrorism, natural disasters, nuclear disasters, fire or sudden changes in weather conditions, failures, technical problems related to transport, including the closure of airports or ports, cancellation of flights and bankruptcy of airlines.

 

§ 4

 Rights and obligations of the Seller and Users

1.     The Seller will make every effort to ensure continuous operation of the Online Store. The Seller reserves the right to maintenance breaks in the operation of the Online Store. The Seller is not obliged to provide information on the planned breaks in the operation of the Online Store.

2.     The Seller can at any given time suspend the operation or block access to the Online Store or some of its functions, in particular due to maintenance works, hardware replacement, modification of the Online Store or for reasons beyond the Seller's control.

3.     In the event a User comes across content which is imprecise, erroneous, offensive, contrary to the law or in any other way undesirable, the Seller asks that the User notify it by writing to the following e-mail address: contact@phenicoptere.

4.     Users are obliged to comply with the ban on providing illegal content under the pain of liability determined by the law. In particular, Users are not allowed to:

a)   use the Online Store to create, store or transfer materials inciting aggression, destroying goods and deeds punishable by law or which may result in civil or penal liability;

b)   use the Online Store to harm minors or aim to harm them;

c)   use the Online Store to create, store or transfer materials which aim at persecuting other Users;

d)   use the Online Store to post false, misleading or untrue offers to sell or buy goods, items or services, encourage others to send "chain letters" and encourage them to join pyramid scheme groups, etc;

e)   use, without the Seller's written consent, the Online Store to create, store or transfer advertising materials, in particular advertisements of products and services and for hidden commercial purposes;

f)    use the Online Store in order to gain unlawful access to data of other Users and try to break security measures protecting data, software, hardware and electronic communication systems of third parties or an ICT network;

g)   use the Online Store to collect personal information about third parties without their knowledge and consent, including to take actions involving the collection of data from the computer screen (screen scraping) and collecting information from datasets (database scraping) or any other actions, the purpose of which is to obtain a list of Users or other data;

h)   use the Online Store for any actions which could result in the loss or limitation of the capacity to use the Online Store or the Internet in general by other Users, including all hacking practices;

i)    use information and materials posted in the Online Store in a manner contrary to the law, principles of morality, in violation of interests of third parties or the Seller;

j)    use the Online Store in a manner which overloads the connection;

k)   use the Online Store in a manner which violates the interests of the Seller;

l)    use programs which automatically download content from the Online Store without the Seller's consent expressed in writing, under pain of nullity;

m) place information and materials posed on the Online Store website on other websites and use them in any form without the consent of the Seller expressed in writing, under pain of nullity.

5.     Users cannot use the Online Store for the purpose of direct or indirect advertising of products and services without the consent of the Seller expressed in writing, under pain of nullity.

6.     In the event of violating the rules of using the Online Store specified in the Terms of Use, including the User's breaking through the security measures of the Online Store website, posting content which is illegal, offensive or relegating the activities of other entities on the Online Store website, after the Seller's receipt of reliable information about the use of the Online store contrary to the Terms of Use or the unlawful nature of the content provided by the User, the Seller shall immediately prevent access to such data, and will block access to the Online Store and the Electronic Services provided via the Online Store (including the User Account Electronic Service referred to in § 7 (1), a)) to such a User, and will remove such content. The Seller will inform the User about the blocking of the User Account Electronic Service by sending an e-mail to the address indicated during the registration process.

7.     The use of the Online Store is associated with the use of the publicly available Internet network, which might result in the risk of unauthorised persons obtaining and modifying User data. Given the above, in order to minimise the risk associated with the use of the publicly available Internet network, Users should use technical means providing protection against threats, in particular use anti-virus software.

 

§ 5

 Intellectual property rights

1.     Copyrights and derivative rights to works published on the Online Store website and industrial property rights are owned by the Seller or other authorised entities and are protected under applicable provisions of law.

2.     No stipulations of these Terms of Use can be interpreted as granting, under the principle of presumption, consent or any other principle, any license or right to use any intellectual property right.

3.     Users have the right to download or print entire pages or elements of the Online Store, provided they do so solely for private use (fair personal use), provided they do not violate the copyrights and derivative rights or industrial property rights of the Seller or other authorised entities.

4.     No part of the Online Store, information or materials contained therein can be copied in whole or in part for commercial purposes (including for the purposes related to the Users' business activities), transmitted electronically or in any other way modified, linked, multiplied in any fields of use or in any other way used without the consent of the Seller or any other entitled entity, expressed in writing under pain of nullity.

5.     Any violation of intellectual property rights on the part of Users results in liability under applicable provisions of the Polish law.

 

§ 6

Technical requirements

1.     The Online Store can be used by any User who has a computer, a smartphone or any other multimedia device of this kind, equipped with an operating system (Linux , Mac OS, Windows or similar) and a connection to the public Internet network, as well as an Internet browser with minimum requirements such as FireFox 34, Opera 24, Google Chrome 39 or Safari 5, with Javascript enabled and the option to accept cookies. The website which hosts the Online Store is adjusted to the minimum screen resolution of 1024x768 pixels.

2.     The Online Store uses a remarketing tool and lists of similar customers, made available by Google. Cookies are used to store information about the User's session (i.e. the IP address used by the User to connect with the website, the connection time and other technical parameters of the connection). Users can opt out of cookies by selecting the appropriate settings in their browser. The Online Store may not operate correctly without cookies enabled.

3.     Information generated by cookies, including the IP address, may be submitted by the Seller to Google and other third parties.

4.     In order to place an order to purchase Goods included in the Online Store offer, Users need to have an active e-mail account.

5.     Users who have User Accounts, referred to in § 7 (1) a), are obliged to keep their login credentials confidential and are responsible for all actions performed on the Online Store website after they have been logged in. Users undertake to:

a)     immediately notify the Seller after becoming aware of unauthorised use of their login, password or User Account by third parties or the occurrence of a similar security threat and

b)     log out from the Online Store each time they have finished using the Online Store; Users are liable for the manner they safeguard their login and password, as well as control access to and use of the User Account they created;

c)     In order to finish using the Online Store via the User Account, Users can, at any time, choose the "Finish" option available at their User Accounts.

6.     Users can at any time finish using the Online Store by leaving the following website: www.glov.eu.

 

 

§ 7

Electronic Services

1.     The Seller provides the following Electronic Services under terms and conditions specified in the Terms of Use:

a)     User Account;

b)     Contact Form;

c)     Newsletter.

2.     Electronic Services referred to in § 7 (1) are provided 24 hours a day, 7 days a week.

3.     Users can use the User Account Electronic Service which makes it possible to use a dedicated panel made available by the Seller on the Online Store website via which they can track the status of orders for the delivery of Goods and the history of past orders. In order to create a User Account, Users must register – registration is free of charge.

4.     Registration is carried out by the Users:

a)     filling in a registration form available on the Online Store website, including providing all data required in the data form; until the form is sent to the Seller, Users can correct the data entered into the form by returning to previous fields of the form;

b)     reading and marking a declaration about reading these Terms of Use and accepting their content,

c)     consenting to the processing of the User's personal data by the Seller for purposes related to the provision of Electronic Services and for purposes related to the performance of obligation under the agreement on delivery of Goods ordered in the Online Store by the User.

5.     After filling in the form, Users send it to the Seller by pressing the dedicated button which completes the registration process.

6.     After sending the completed registration form, Users will receive a registration confirmation to the e-mail address indicated during the registration process. Upon receipt of the confirmation, an agreement on the provision of the User Account Electronic Service is concluded (indefinitely). Users can at any time modify the data they indicated during the registration process by editing them after logging in to the User Account. Users can at any time cease to use the User Account Electronic Service by sending a demand to delete the User Account to the Seller (for that purpose, Users should select the dedicated button after logging in to the User Account – the Account is deleted within 14 days from the date on which such a demand is made). Deleting the User Account results in irreversible deletion of any data collected by the User on this Account. The Seller can terminate the agreement on the provision of the User Account Electronic Service with a 14-day notice period by sending a notice to the e-mail address indicated by the User during the registration process.

7.     Users can use the Contact Form Electronic Service available at the Online Store website which makes it possible for Users to send a message to the Seller. The Contact Form Electronic Service is used on a one-time basis and ends upon sending the message to the Seller via the Contact Form. Users can stop using the Contact Form Electronic Service at any time by closing the Online Store website.

8.     Users can use the Newsletter Electronic Service by providing the Seller with their active e-mail address or by selecting a dedicated button after logging in to the User Account and consenting to the Seller sending commercial information about new products and services offered by the Seller to that e-mail address. Users can stop using the Newsletter Electronic Service at any time by clicking on the link available in each message sent as part of the Newsletter Electronic Service or by selecting a dedicated button after logging in to the User Account. The Seller can terminate the agreement on the provision of the Newsletter Electronic Service with a 14-day notice period by sending a notice to the e-mail address indicated by the User at the conclusion of the agreement on provision of the Newsletter Electronic Service.

9.     The Seller can terminate the agreement on the provision of Electronic Services, including deleting a User Account with immediate effect, in the following events:

a)     the User violated significant provisions of the Terms of Use,

b)     the Seller has received justified, reliable information that the name of the User Account is contrary to law or principles of morality, violates personal rights of third parties or the Seller's legitimate interests,

c)     the User uploaded information which is contrary to applicable provisions of law,

d)     the User used an Electronic Service contrary to its intended purpose,

e)     the User deleted the e-mail address which was used to set up a User Account and failed to provide the Seller with a new, active e-mail address which belongs to the User,

f)      the Seller receives repeated messages from the User's overflowing mailbox, which renders the continued provision of Electronic Services impossible.

10.  The Seller reserves the right to refuse to provide Services to Users, including to delete their User Accounts, if they were created anew after their User Accounts were deleted due to violations of the Terms of Use.

 

§ 8

Agreement on the delivery of Goods

1.      Users can place orders for a delivery of Goods available on the Online Store website via the Online Store website or e-mail 7 days a week, 24 hours a day.

2.      Users can place orders for a delivery of Goods available on the Online Store website by phone using the number indicated on the Online Store website between the hours and on days specified therein.

3.      Creating a User Account is not required to place an order for the Goods offered in the Online Store. Users can place an order for selected Goods via the Online Store website by omitting the registration process (by selecting the option of placing an order for Users without a User Account).

4.      The prices indicated on the Online Store website are gross prices and do not include information on the shipping costs and other expenses which the User will be required to pay in connection with the conclusion of the agreement on the delivery of Goods; such information will be provided to the User upon selection of the shipping method when the order is placed.

5.      Orders can be placed via the Online Store website either after logging in to the User Account or by selecting the option for Users without a User Account. Before placing an order, Users complete the order by using the "Buy Now" button located under the selected Goods and by selecting the amount of the selected Goods. The selected Goods are located in the "Bag" tab. After completing the order in the "Bag" tab, Users indicate the shipping address, the payment method and indicate whether they want the Seller to issue a VAT invoice, after that, to place the order, they press the "Order with payment requirement" button. Until the order is placed, Users can correct the data entered into the order form by returning to previous fields of the form and correcting the erroneous information.

6.      Users can place orders by phone using the number indicated on the Online Store website. For that Users should indicate the name of the Goods to be ordered and their amount. After completing the order, Users specify the shipping address and the payment method and indicate whether they want the Seller to issue a VAT invoice. Before placing an order by phone, Users are informed by the Seller about the identification data of the person taking the call, the total price for all the selected Goods and the total shipping cost, as well as any other costs Users are required to pay in connection with the conclusion of the agreement on the delivery of Goods. Furthermore, Users are informed about the fact that placing an order is connected with the payment requirement. Next, after having placed the order, Users indicate an e-mail address to which a confirmation of the order execution will be sent.

7.     Users can place orders via e-mail by writing at the following address: contact@phenicoptere.com. For this purpose, Users indicate the name and amount of Goods to be ordered, the shipping address, the payment method and indicate whether they want the Seller to issue a VAT invoice, after that Users indicate an e-mail address to which a confirmation of the order execution will be sent. After receiving the message referred to in the preceding sentence, the Seller sends a return e-mail message indicating its registration data, the price of the selected Goods, the total price for the selected Goods, the possible payment methods, the shipping method and its costs, as well as information about any other costs connected with the conclusion of the agreement on the delivery of Goods. Furthermore, the message contains information that conclusion of an agreement via electronic mail results in the obligation to pay for the ordered Goods. After receiving the aforementioned message, Users can place the order by sending information about the selected payment method to the following e-mail address: contact@phenicoptere.com. The order is effectively placed when the message referred to in the preceding sentence is sent by the User.

8.     Users can choose the following payment methods to pay for the Goods they ordered:

a)     wire transfer to the Seller's bank account;

b)     wire transfer via PayPal, an external payment system operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered seat in Luxembourg;

c)     wire transfer via ecard.pl, an external payment system operated by eCard S.A. with its registered seat in Gdańsk;

d)     payment card (Visa, Visa Electron, MasterCard, Maestro, MaestroCard Electronic) operated by eCard S.A. with its registered seat in Gdańsk.

9.      Placing an order by a User is tantamount to making an offer to purchase Goods within the meaning of the provisions of the Polish Civil Code.

10.   After the order is placed, the Seller sends a confirmation of the order execution and a confirmation of the terms of the agreement on the delivery of Goods, along with the current version of the Terms of Use, to the User's e-mail address. The confirmation (including the Terms of Use) sent to the User includes information about:

a)     the main features of the Goods and the method of communication between the Seller and the Consumer;

b)     data identifying the Seller, in particular the company name, the body which registered the Seller's economic activity, as well as the registration number;

c)     the Seller's address, e-mail address and phone numbers or fax numbers (if available), which the Consumer can use to quickly and efficiently contact the Seller;

d)     the address which the Consumer can use to submit complaints, provided that address is different than the one specified in c) above;

e)     the total price or remuneration for the delivery of Goods along with taxes, as well as fees for transportation, delivery, postal services and other costs, and if such costs cannot be determined – about the obligation to pay them;

f)      the payment method and date;

g)     the method and date of delivery of the Goods by the Seller and the complaint procedure used by the Seller;

h)     the manner and deadline for exercising the right to withdraw from the agreement, as well as a template of an agreement withdrawal form;

i)      costs of returning the Goods in the event of withdrawal from the agreement to be incurred by the Consumer; with regard to agreements concluded remotely – costs of returning the Goods if due to their nature the things cannot be returned by post in regular mode;

j)      the Seller's obligation to deliver Goods without any defects;

k)     the possibility to use out-of-court methods of examining complaints and pursuing claims and terms of access to such procedures.

11.   The order will be executed after the Seller confirms acceptance of the order in a manner specified in § 8 (10) and:

a)     in the event the payment method referred to in § 8 (8) a) is selected, after payment for the ordered Goods and other costs referred to in § 8 (10) e) is received at the Seller's bank account;

b)     in the event the payment method referred to in § 8 (8) b) is selected, after the Seller receives information from the PayPal system about the User's payment for the ordered Goods and other costs referred to in § 8 (10) e);

c)     in the event the payment method referred to in § 8 (8) c) is selected, after the Seller receives information from the eCard S.A. system about a successful payment for the ordered Goods and other costs referred to in § 8 (10) e);

d)     in the event the payment method referred to in § 8 (8) d) is selected, after the Seller receives information from the eCard S.A. system about a successful payment for the ordered Goods and other costs referred to in § 8 (10) e);

12.  The User should make the payment within 1 day of placing the order. In the event the payment is not made within the above-mentioned time frame, the Seller will set out an additional time frame for the User to make the payment; the Seller will inform the User about the additional time frame to make the payment by sending a message to the e-mail address indicated by the User upon placing the order. Information about the additional time frame being set out includes a notice indicating that after this time frame lapses to no avail, the Seller will withdraw from the agreement. After the additional time frame lapses to no avail, the Seller will withdraw from the agreement on the delivery of the ordered Goods by sending a statement to the e-mail address indicated by the User upon placing the order.

 

§ 9

Performance of the agreement on the delivery of Goods

1.     Goods will be delivered within 10 working days counted from the date indicated in § 8 (8) a) – d) of the Terms of Use.

2.     Deliveries are carried out through the Polish Post – Poczta Polska S.A. with its registered seat in Warsaw.

3.     On the day of dispatch of the Goods, the User receives information to the e-mail address indicated by the User upon placing the order about the parcel being sent.

4.     The User is required to examine the parcel in the presence of the person delivering the parcel, and if any loss or damage is found, the User is obliged to demand that a report confirming the identified damage is drawn up in the presence of the person delivering the parcel.

5.     The parcel is accompanied by a receipt or a VAT invoice (depending on which option was selected by the User upon placing the order).

6.     In the event the User is not present at the identified shipping address, the person delivering the Goods will leave an attempted delivery notice, which will indicate the address and the time for the User to collect the parcel. If the parcel is not collected within the specified deadline, the Goods will be sent back to the Seller. In such an event, the Seller will contact the User via e-mail in order to arrange the date and costs of a renewed delivery. In such an event costs of a renewed delivery are borne by the User.

7.     The Goods ordered by the User are delivered free of any physical and legal defects.

8.     In the event the Goods have a defect, the User can:

a)     make a statement demanding a price reduction or withdrawal from the sales agreement, unless the Seller immediately and without undue inconvenience to the User replaces the Goods with a defect-free version or removes the defect.

 

The above limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller failed to replace the Goods with a defect-free version or remove the defects. If the User is a Consumer, instead of removing the defects proposed by the Seller, the Consumer can demand replacing the Goods with a defect-free version or instead of replacing the Goods with a defect-free version, demand removing the defects, unless bringing the Goods to a condition which would be in line with the agreement in a manner selected by the User is impossible or would involve excessive costs as compared to the manner proposed by the Seller. When evaluating the excessiveness of costs, the value of defect-free Goods, the type and significance of the identified defect, as well as the possible inconvenience to the User related to the other manner of satisfying the complaint are all taken into account.

 

b)     demand replacement of the Goods with a defect-free version or removal of the defect. The Seller is obliged to replace the Goods with a defect-free version or remove the defect in a reasonable period of time without undue inconvenience to the User.

9.     A User enjoys the rights referred to in § 9 (8) a) – b) if the physical defect was detected before the expiry of two years following the handover of the Goods to the User.

10.  A claim for removal of physical defects or replacement of Goods with a defect-free version are subject to a statute of limitations after one year, calculating from the date on which the defect is identified. If the User is a Consumer, the statute of limitations cannot lapse before the deadline specified in § 9 (9).

11.  In the case of a legal defect, provisions of § 9 (10) apply, whereas the period of time referred to in § 9 (10) is calculated from the day on which the User learned about the existence of the defect, and if the User learned about the existence of the defect as a result of a third part claim – from the day on which a court decision issued in the third party dispute became final.

12.  When exercising rights referred to in § 9 (8) a ) – b), the User is obliged to deliver the Goods to the Seller. If the User is a Consumer, costs of delivering the Goods to the Seller are covered by the Seller (in other cases costs of delivering the Goods to the Seller are covered by the User who is not a Consumer).

 

§ 10

Complaint procedure

1.      Complaints, comments, objections and questions related to the operation and functioning of the Online Store, as well as complaints regarding the delivered Goods should be sent in writing to the address of the Seller, communicated via telephone to the number indicated on the Online Store website or via e-mail at: contact@phenicoptere.com

2.      The complaint should include a description of the problem which is the reason for the complaint and the User's data (including the first name and surname or company name, postal address, e-mail address). Complaints which do not contain data allowing for identification of the User will not be examined by the Seller. A complaint regarding the delivered Goods should also specify one of the demands referred to in § 9 (8) a) – b), selected by the User.

3.      The Seller has the right to contact the User who sent the comments or complaints and the User whom such comments or complaints regard to the extent necessary to determine the legitimacy of the submitted comments or complaints and to initiate a possible explanatory procedure.

4.      The complaint will be examined within 14 days of its receipt by the Seller.

5.      The Seller will inform the User who submitted the complaint about the result of the complaint procedure at the e-mail address indicated in the complaint submission.

6.      In the event a User who is a Consumer submitted a complaint regarding the delivered Goods and demanded a replacement of Goods or removal of defects or submitted a statement on the reduction of price, specifying the amount by which the price is to be reduced, and the Seller failed to respond to that demand within 14 days, it is believed that the demand submitted by the User was deemed justified.

 

§ 11

Withdrawal from the agreement on the delivery of Goods

1.     A User who is a Consumer has the right to withdraw from an agreement on the delivery of Goods without giving a reason within 14 days from the date of receipt of the Goods.

2.     A User who is a Consumer submits a statement of withdrawal from the agreement by sending content in line with the template indicated in annex 1 to the Terms of Use to the following e-mail address: contact@phenicoptere.com or by sending it in writing to the Seller's registered office. In the event the statement is sent via e-mail, the Seller promptly confirms its receipt by sending an e-mail to the address from which it was sent.

3.     In the event the right to withdrawal is exercised, the agreement is deemed to never have been concluded. If the User submitted the statement of withdrawal from the agreement before the Seller accepted the User's offer, the offer is no longer binding.

4.     The User is responsible for the reduction in the value of the purchased Goods resulting from the use of Goods in a manner exceeding the necessary manner to establish the nature, features and functioning of the Goods.

5.     Within 14 days of receipt of the statement of withdrawal from the agreement the Seller is obliged to return all payments received in connection with the order of Goods to the User who is a Consumer (including payment of the price of the Goods and the costs of delivery of the Goods to the Consumer, whereas if the Consumer, when ordering the Goods, selected a different shipping method than the cheapest one offered by the Seller, the Seller is obliged to return to the Consumer only the equivalent of the cost of the cheapest shipping method offered by the Seller). The Seller can withhold the refund until it receives the Goods back or until the User submits a confirmation that the Goods were sent (whichever event comes first). The refund will be made using the same method of payment as the method used previously by the User, unless the User consented to a different refund method.

6.     The User exercising the right of withdrawal returns the Goods to the Seller immediately, however not later than within 14 days from the date on which the right of withdrawal was exercised. For the deadline to be deemed observed, the Goods need to be sent to the address of the Seller's registered office before the lapse of that period. Goods are sent through mail (postal service).

7.     The costs of returning the Goods which are to be paid to the entity delivering the Goods for the purpose of returning the Goods to the Seller are incurred by the User exercising the right of withdrawal from the agreement. A return of Goods made via cash on delivery shipment will not be accepted by the Seller (in such a case the goods will be considered unreturned).

8.     The right to withdraw from the agreement does not apply to Users who are Consumers with regard to agreements, the subject of which are Goods delivered in a sealed package which cannot be returned after the package is opened for health protection or hygienic reasons if the package was opened by the User who is a Consumer.

 

§ 12

Data Protection

1.       The Seller is the administrator of personal data.

2.       Users must indicate their personal data in order to use the following Electronic Services: User Account and Contact Form, as well as to conclude an agreement via the Online Store on the sale of Goods.

3.       The Seller can process information about the User, including the following data:

a)       identification data submitted by the User. After receiving the User's consent, the Seller can collect the following data: first name and surname, address, telephone number, e-mail address etc. To use the following Electronic Services: User Account and the Order Form, the User must provide the following: first name and surname, telephone number, e-mail address along with the consent to processing of these data; to conclude an agreement on the sale of Goods via the Online Store, the User must provide the following: first name and surname, telephone number, e-mail address and the address to which the purchased Goods are to be delivered, along with the consent to processing of these data;

b)      network server logs. The Seller automatically collects network server logs in the event the website is visited by the User by using a computer were the website is installed (called the "network server"). The network server automatically detects certain information, such as the User's IP address, date and place of visit to the Online Store, the website from which the User entered the Online Store, the type of Web browser used, the type of operating system used and the domain name and address of the User's website operator.

c)       IP addresses. The Seller may collect information about the User's IP address. IP Addresses are used as part of the information contained in the above-described network server logs and for technical purposes.

4.     Users' personal data will be processed for the purposes of enabling Users to use the Online Store and properly use Electronic Services, and to allow for the conclusion and performance of the agreement on the sale of Goods, as well as obtaining information about the services offered by the Seller, allowing for a better understanding of the needs of the User, understanding how the Online Store can be improved and used to provide services. Personal data may also be used to verify whether the User complies with the terms of these Terms of Use. For the purpose of performing the agreement on the delivery of Goods ordered by the User, the Seller can make personal data of the User available to other entities (in particular the entity who delivers Goods), to which the User consents when placing an order for the delivery of Goods.

5.     Personal data (in particular e-mail addresses) are also used to send messages to Users on the functioning of the Online Store, news and questionnaires. If a User consents to receiving information via electronic means, the e-mail data will also be used for sending out commercial information.

6.     Users have the right to access their data and correct it at any time. Users may request (in writing or via e-mail) to have the data removed or changed at any time, with the proviso that the Seller may refuse to remove the data in the event the User failed to settle all claims against the Seller (until they are paid), as well as in the event the User violates provisions of the law or the provisions of these Terms of Use (for purposes relating to the determination of the User's liability and redressing the Seller's claims resulting from the above-mentioned circumstances).

7.     In order to update or change their personal information, Users should send an e-mail to the Seller. Users will be informed after the data have been updated. Users are obliged to update personal data in the event they have changed. It is prohibited to provide false personal data or personal data of a third party.

8.     The location where personal data are stored is protected by physical, electronic and organisational security measure for the purpose of providing adequate protection to the data made available to the Seller. However, the Seller has no control over the security of messages sent electronically between the moment they are sent by the User and reach the Seller.

9.     At the User's request (sent to the following e-mail address: contact@phenicoptere.com) or when it is required by applicable provisions of law, the Seller will confirm which data of the User are processed.

10.  Users consent to receiving technical information and other data connected with the functioning of the Online Store from the Seller to the indicated e-mail address. The Seller is not liable for the consequences of providing a wrong e-mail address.

11.  Users have the right to inspect their data, as well as the right to correct them and delete the User Account at any time.

12.  The Seller does not collect and process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union organisations and does not process data concerning health, sexual life or criminal records.

13.  In the event of the Seller obtaining information about a User using the Online Store in a manner contrary to the provisions of law or these Terms of Use, the Seller may process that User's personal data for the purpose and to the extent necessary to determine the responsibility of the User and protection of its rights and claims.

 

§ 13

Final provisions

1.     The content of these Terms of Use can be saved by the User by saving it on a data carrier, downloading it at any time from the Online Store website as a PDF file or by printing it out.

2.     The Seller's liability to Users who are not Consumers is limited to the action loss incurred (it does not cover lost profits) and is limited to the price which the User paid for the Goods (in relation to the agreement on the delivery of the Goods in question).

3.     The Seller has the right to modify the Terms of Use at any time. The changes apply "in the future", after the lapse of 7 days of the publication of the revised version of the Terms of Use on the Online Store website. Users who use the User Account and Newsletter Electronic Services receive information about the planned changes along with a reference to the modified Terms of Use to the e-mail address submitted by them, 7 days before the changes to the Terms of Use become effective. All orders accepted by the Seller prior to the date on which the changes to the Terms of Use become effective will be executed under the Terms of Use in force on the date on which the order is accepted. Users who do not accept the new content of the Terms of use undertake not to use the Online Store website and to inform the Seller about that fact. In such an event, agreements for the provision of Electronic Services to such Users are terminated with immediate effect.

4.     The use the Online Store website after the changes have been introduced or the Terms of Use have been modified is tantamount to acceptance of the modified Regulations.

5.     In matters not regulated in the Terms of Use, including disputes arising from agreements concluded under the Terms of Use, provisions of the Polish law apply, subject to § 13 (6) hereof.

6.     In cases where provisions which cannot be excluded by way of an agreement under provisions of law of a Member State of the European Union which is the habitual residence of the Consumer are more favourable to the Consumer than the provisions of these Regulations, then these provisions apply to agreements concluded under these Terms of Use to the extent in which they provide favourable protection to the Consumer. In other cases, provisions of the Terms of Use apply.

7.     Each User has the right to use out-of-court means of handling complaints and pursuing claims. In this regard the User has the right to use mediation. Lists of regular mediators and existing mediation centres are made available by Presidents of competent District Courts in Poland. Any disputes related to the conclusion, existence, interpretation, performance or withdrawal from agreements concluded between the Seller and Users which are not settled amicably, shall be settled by the competent common courts in Poland, in accordance with stipulations of the Polish Code of Civil Procedure.

8.     These Terms of Use are in force from 17.08.2016

 

 

 

 

 

 

 

Annexes:

1.     Template of a declaration on withdrawal

 

 

 

 

 

 

………………………………………

………………………………………

………………………………………

Name and surname of the consumer(s):

Address of the consumer(s):

 

 Phenicoptere spółka z ograniczoną odpowiedzialnością

 ul. Nowogrodzka 18a/21, 00-511 Warsaw

 

 

 

 

 

 

 

Statement

on withdrawal from an agreement concluded remotely

or outside the company's premises

 

 

I/We (*)………………….……………hereby inform about my/our (*)

 

withdrawal from the agreement on the sale of the following items

 ……………………………..……………………

 

agreement on the delivery of the following items

………………………………………………………………………….

 

Date of receipt of the items………………………………………..……………….

 

 

 

……………………………………

Signature of the consumer(s)

 

 

 

 (*) Delete as appropriate.