TERMS AND CONDITIONS OF THE GLOV WEBSITE
TERMS AND CONDITIONS OF THE GLOV WEBSITE
effective from 18.07.2022
These Terms and Conditions set out the general terms, conditions and manner of use of the Website operating at https://www.glov.eu, including the terms and conditions for the sale of Goods, as well as the terms and conditions for the provision of electronic services.
The Website is operated by the Seller - Phenicoptere sp. z o.o. [Ltd.] with its registered office in Chocimska 14a / 101 St., 00-791 Warsaw, Poland, Tax Identification Number (NIP): 7010338017, REGON: 146074531, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000416003, e-mail: firstname.lastname@example.org, mobile: + 48 534 108 102.
The provisions of these Terms and Conditions do not exclude or limit the mandatory rights of the Consumer, as well as the rights of the Entrepreneur-Consumer. In particular, the provisions of these Terms and Conditions do not deprive Consumers and Entrepreneurs-Consumers of the possibility to use the rights they enjoy under the law in force in their country. All doubts shall be interpreted in favour of the Consumer and Entrepreneur-Consumer and in the event of any conflict between the provisions of these Terms and Conditions and mandatory provisions, the provisions in question shall apply, with the proviso that the remaining provisions of the Terms and Conditions shall continue to be valid and remain in force.1. Definitions
- 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 Shop, for purposes not directly related to their business or professional activity.
- Customer - means a natural or legal person with whom the Seller concludes a Sales Contract or to whom Electronic Services are provided.
- Customer Account - means an Electronic Service provided through an individual panel in the Online Shop, made available by the Seller for each Customer, through which the Customer may conclude a contract of sale of Goods with the Seller, track the status of orders, their payment status and the history of orders already completed, view and edit their data and add opinions about products. In order to create a Customer Account, the Customer registers the account, which is free of charge.
- Delivery - means the actual act of supplying the Customer, with the Goods specified in the order.
- Electronic Service - the service provided electronically by the Seller to the Users on the basis of these Terms and Conditions.
- Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business activity.
- Entrepreneur-Consumer - means a natural person concluding a contract with the Seller directly related to their business activity, when the content of that contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity.
- Goods - means a product presented by the Seller via the Online Shop, which may be a subject of a Sales Contract.
- Online Shop - means the online shop available on the Website.
- Registration - means the actual act performed in the manner specified in the Terms and Conditions, required for the Customer to use the Customer Account Electronic Service.
- Sales Contract - means a distance sales contract of the Goods, under the terms of the Terms and Conditions, concluded between the Customer and the Seller.
- Seller - shall mean Phenicoptere sp. z o.o., a limited liability company with its registered office in Warsaw, Chocimska 14a /101 St., 00-791 Warsaw, Poland, Tax Identification Number (NIP): 7010338017, REGON: 146074531, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number 0000416003, with a share capital of PLN 85,000; e-mail: email@example.com, which is also the owner of the Online Shop and the Website.
- Subscription - a subscription service for selected Goods, consisting of their cyclical Delivery to the Customer, at a frequency chosen by the Customer.
- Supplier - means the entity with which the Seller cooperates in making the Delivery of Goods, i.e. DPD courier company (prepaid courier delivery or cash on delivery options).
- Terms and Conditions - means these terms and conditions.
- User - any person using the Website.
- Website - the website available at https://www.glov.eu, which contains, among others, the Online Shop.
- Working days - means the days of the week from Monday to Friday excluding public holidays as defined by generally applicable Polish law.
- Use of the Website is subject to these Terms and Conditions and is done by entering the electronic address https://www.glov.eu into your browser.
- The provisions of these Terms and Conditions shall apply to the conclusion and performance of contracts for the sale of Goods through the Online Shop, as well as to the use of Electronic Services.
- The Seller endeavours to ensure that the Website functions continuously and that its use is possible for Internet users using the most popular Internet browsers, operating systems, device types and Internet connection types. However, the Seller reserves that technical breaks may occur in the functioning of the Website.
- The information contained on the Website and in the Online Shop does not constitute an offer to sell within the meaning of the Polish Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Contract.
- The public nature of the Internet and the use of Electronic Services may involve the risk of Users' data being obtained and modified by unauthorised persons, which is why Users should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect their identity when using the Internet. The Seller shall never ask the User to share the password to the User Account in any form.
- It is not permissible to use the resources and functions of the Website or the Online Shop for the purpose of carrying out activities that would violate the interests of the Seller or generally applicable laws.
3. Technical conditions
- In order to conclude a Sales Contract via the Online Shop, the User must have an active e-mail account.
- The User using the Customer Account is obliged to keep the login data secret and is responsible for the actions performed in the Online Shop after logging in. At the same time, the User undertakes to:
- immediately notify the Seller if the Customer becomes aware of any unauthorised use of the Customer's login, password or Account by third parties or of any other similar security threat;
- log out of the Customer Account after each use of the Online Shop; the User is responsible for controlling the storage and use of the login and password, as well as for controlling access and use of the established Customer Account.
- The use of the Online Shop via the Customer Account is terminated by selecting the ‘Logout’ option.
- The User has the right to terminate use of the Website at any time by leaving the Website.
4. Rights and obligations of the Users and the Seller
- The Seller shall be entitled to suspend or block access to the Website or some of its functions, in particular due to maintenance activities, replacement of equipment, modifications and for reasons beyond the Seller's control. The Seller shall not be liable for any hindrance or inability to use the Website if it arises for reasons for which the Seller is not responsible.
- The Seller asks Users to notify the Seller at firstname.lastname@example.org of any incorrect, inaccurate, erroneous, offensive, unlawful or otherwise undesirable content that the User notices on the Website.
- The user shall refrain from supplying content that is unlawful, offensive, misleading, contains viruses or which may cause disruption or damage to computer systems, under pain of liability as provided by law. In particular, the user is not entitled to:
- use the Website for the purpose of creating, storing or transmitting material inciting aggression, destruction of property or acts prohibited by law or that may give rise to criminal or civil liability;
- use the Website to harm minors or to seek to harm minors;
- use the Website to create, store or transmit material with the purpose of harassing other Users;
- use the Website to make false, misleading or deceptive offers for the sale of products, items or services, to encourage others to send ‘chain letters’ and to encourage them to join pyramid schemes, etc;
- to use, without the Seller's written consent, the Website for the purpose of creating, storing or transmitting advertising material, including in particular advertising for products and services and for hidden commercial purposes;
- use the Website to gain unauthorised access to other Users' data and attempt to breach the security measures protecting the data, software, computer equipment or electronic communication system of third parties, as well as the telecommunications network;
- use the Website to collect personal data about third parties without their knowledge and consent, including but not limited to screen scraping and database scraping or other activities designed to obtain a directory of Users or other data;
- use the Website for any activity that would result in the loss or restriction of the use of the Website or the Internet as such for other Users, including any hacking practices;
- use the information and materials on the Website in a manner contrary to the law, good manners, prejudicing the interests of third parties or the interests of the Seller;
- use the Website in such a way as to cause an overload of the connection;
- use the Website in such a way that the interests of the Seller are prejudiced;
- use programs that automatically download content from the Website without the Seller's consent in writing, otherwise being null and void;
- place on other websites and use 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.
- The User shall not, without the prior consent of the Seller, expressed in writing under pain of nullity, be entitled to use the Website for any direct or indirect advertising of products and services.
- In the event that the Seller finds any violation of the rules of use of the Website, as set out in these Terms and Conditions and in mandatory provisions of law, including, in particular, by breaking the security measures of the Website, posting on the Website content of an unlawful, offensive or depreciating nature of the activities of the Seller or third parties, upon receiving an official notice or obtaining reliable information on the unlawful nature of the data or activity related thereto, the Seller shall immediately prevent access to such data and block access to the Website and the electronic services provided through it to such User and remove such content. The Seller shall inform the User about the blocking of access to Customer Account by sending a message to the e-mail address provided during Registration.
- The Website contains goods protected by copyright, trademarks and other goods protected by intellectual property law, including rights to the name, Internet domain, templates, forms, logotypes (except materials whose copyrights belong to third parties), and their use (except for permitted personal use), copying and any form of distribution are prohibited without the prior written consent of the Seller.
- Copyright and related rights to works published on the Website and industrial property rights belong to the Seller or other authorised entities and are protected under generally applicable laws.
- Nothing in these Terms and Conditions shall be construed as granting consent or the right to exercise any intellectual property right, on any basis whatsoever.
- Within the framework of permitted personal use, the User shall have the right to download and print the Website or parts thereof, provided that they are used exclusively for their own purposes, provided that this does not infringe copyright and related rights and industrial property rights of the Seller or other authorised entities.
- Neither the Website, nor any part thereof, including information or materials contained on the Website, may be used for commercial purposes, including copying, transmission, modification, reproduction in any fields of exploitation or otherwise exploited without the prior consent of the Seller (or other authorised entity), expressed in writing under pain of nullity.
- Any infringement of intellectual property rights, related rights or industrial property rights by the User may give rise to liability as set out in generally applicable legislation.
6. Electronic services
- The Seller provides the following Electronic Services to Users, free of charge, in principle 7 days a week, 24 hours a day, under the rules described in these Terms and Conditions:
- Contact form;
- Customer account;
- The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected abovementioned Electronic Services, of which it will inform the Users in a manner appropriate to the change of the Terms and Conditions.
- The User may use the Contact Form provided on the Website at any time to send a message to the Seller. The use of the Contact Form is a one-time use and ends when the message is sent to the Seller. The User may terminate the use of the Contact Form at any time by discontinuing use of this feature or by ceasing to use the Website.
- The User may use a Customer Account, which allows the use of a dedicated panel provided by the Seller, through which the User may conclude a Sales Contract with the Seller, track the status of orders and their payment status, as well as the history of orders already completed, view and edit their data and add opinions about the products. In order to create a Customer Account, the Customer shall make a free Registration as referred to in section 5 below.
- Registration of the Customer Account takes place via:
- completion by the User of the registration form available on the Website, including the provision of all data required in the form or logging in to their account on one of the indicated Internet services;
- sending the completed registration form to the Seller by selecting the ‘send’ button;
- confirming Registration by clicking on the activation link sent to the email address indicated by the User;
- after submitting the completed registration form and clicking on the activation link, a confirmation of the Registration will be sent to the email address provided by the User. Upon receipt of the confirmation, a contract for the provision of the Customer Account Electronic Service is concluded (for an indefinite period of time).
- The User may change the data provided during Registration at any time by editing them after logging in to the Customer Account.
- The User may terminate the use of the Customer Account at any time by logging out. The deletion of the Customer Account can be carried out by sending a request to the Seller, at e-mail address: email@example.com, to delete the Customer Account. If a request for deletion of a Customer Account is made via e-mail, the Customer Account shall be deleted within 14 days of the request. The deletion of the Customer Account results in the irreversible deletion of all data stored in the said Account by the User.
- Electronic Newsletter service consists of sending by the Seller, to an User’s e-mail address, an e-mail message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Users who subscribed to it. Each Newsletter addressed to the User shall contain in particular: information about the sender, filled in ‘subject’ field defining the content of the message and information about the possibility and manner of resigning from the Newsletter.
- The Newsletter may be used by any User who:
- provides their name and enters their e-mail address in the registration form provided on the Website,
- submits a declaration of consent for commercial information to be sent electronically to the indicated e-mail address, and:
- confirm the Newsletter subscription by clicking on the activation link sent to the e-mail address indicated by the User. As soon as the confirmation is made, the Newsletter electronic service agreement is concluded.
- The User may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as a part of the Newsletter.
- The Seller may terminate the contract for the provision of the User Account electronic service at 14 days' notice by sending a statement to this effect to the e-mail address provided by the User during Registration.
- The Customer may terminate the contract for the provision of the Electronic Service at any time and for any reason, without notice, subject to the provisions below.
- A Customer who has made a Registration shall terminate the agreement for the provision of Electronic Services by sending to the Seller an appropriate declaration of intent, using any means of remote communication allowing the Seller to become acquainted with the Customer's declaration of intent, including, but not limited to, in the manner referred to in section 7 and section 11 above.
- The Seller shall be entitled to block access to the Customer's Account and other Electronic Services in the event that the Customer acts to the detriment of the Seller or other Customers, the Customer violates the provisions of law or the provisions of the Terms and Conditions, and also when blocking access to the Customer's Account and other Electronic Services is justified for security reasons, including, in particular, breaking the security of the Website or other hacking activities. Blocking access to the Customer's Account and other Electronic Services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer's Account or other Electronic Services. The Seller shall notify of the blocking of access to the Customer's Account or other Electronic Services to the e-mail address provided by the Customer in the registration form.
- The Seller has the right to terminate the contract for the provision of Electronic Services, including the deletion of the Customer Account, with immediate effect, in the following cases:
- infringement of important provisions of the Terms and Conditions by the User,
- the Seller becomes aware of reasonable, credible information that the name of the User Account is contrary to the law, good morals, violates the personal interests of third parties or the legitimate interests of the Seller,
- the posting by the User of content that does not comply with current legislation,
- the User's misuse of the Electronic Service,
- deletion by the User of an e-mail address which was used to create a Customer Account and failure to provide a new active e-mail address belonging to the User,
- receipt by the Seller of repeated messages that the User's e-mail inbox is full, making it impossible to continue to provide Electronic Services.
- The Seller reserves the right to refuse to provide the Services to the User, including deletion of the User's Account, if it has been registered once again after the User's Account has been deleted due to violation of the Terms and Conditions.
- The User may submit a complaint to the Seller in relation to the use of the electronic Services provided by the Seller. A complaint may be submitted in electronic form and sent to firstname.lastname@example.org. The User should include a description of the problem in the complaint. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the User with a reply to the address indicated in the complaint.
- The Customer may place orders in the Online Shop in principle 7 days a week, 24 hours a day. In order to place an online order, it is necessary for the Customer to have an active e-mail account.
- Placing orders via the Website shall be done as follows:
- The Customer completes the order by selecting the Goods in which the Customer is interested - the Goods are added to the order by selecting the ‘Add to cart’ button under the given Goods presented on the Website.
- Once the order has been completed, the Customer selects the ‘View cart’ button and is redirected to the shopping cart. In the shopping cart, the Customer can add a message to the Seller and also estimate the cost of Delivery. The Customer then selects the ‘Proceed to checkout’ button.
- Continuing with the order process, the Customer can log in to the Customer Account or fill in a form with their contact details (e-mail address, shipping address and contact telephone number) and make purchases without registration. The Customer then clicks on the ‘Proceed to Delivery’ button and selects the preferred method of Delivery of the Goods.
- After selecting the Delivery method, the Customer clicks on the ‘Proceed to Payment’ button and selects the preferred payment method. In order to make payment and finalise the order process, by clicking on the ‘Order and pay’ button, the Customer is redirected to the website of a third-party payment operator, unless the Customer uses the option to make payment on delivery (in which case clicking on the ‘Order and pay’ button finalises the order process).
- The customer who has a discount code, can enter this code into a dedicated field on the order form, which will result in the relevant discount being calculated.
- Placing an order in the manner described in sections 1-3 above constitutes an offer by the Customer to the Seller to conclude a Sales Contract being the subject of the order.
- Once the order has been placed, the Seller sends a confirmation of the order to the e-mail address provided by the Customer. Subsequently, after confirming the order placement, the Seller sends to the e-mail address provided by the Customer information about accepting the order for completion. The information about accepting the order for processing is the Seller's statement of accepting the offer referred to in section 5 above and upon its receipt by the Customer, the Sales Contract is concluded.
- The Seller confirms the conditions of the Sales Contract to the Customer by sending them to the Customer's e-mail address. The Seller sends to the Customer, in particular, information about the order confirmation, the order number and information containing confirmation of the terms and conditions of the Sales Contract and indicates its registration data.
- The Seller shall inform the Customer in the sent order confirmation or by means of these Terms and Conditions about:
- the main characteristics of the Goods and the way in which the Seller communicates with the Consumer;
- data identifying the Seller, in particular the company, the authority that has registered the business and the number under which it is registered;
- the Seller's address, e-mail address and telephone or fax numbers, if available, at which the Consumer can quickly and efficiently contact the Seller;
- the address at which the Consumer may lodge a complaint, if different from the address referred to in point c) above;
- the total price or remuneration for the delivery of the Goods, including taxes, as well as transport, delivery, postal and other charges and, where the amount of such charges cannot be ascertained, about the obligation to pay them;
- the method and date of payment;
- the method and time of delivery of the Goods by the Seller and the Seller's complaint handling procedure;
- how and when the Consumer and the Entrepreneur-Consumer may exercise their right of withdrawal, as well as the model withdrawal declaration;
- the costs of returning the Goods in the event of withdrawal, which shall be borne by the Consumer or the Entrepreneur-Consumer; in respect of distance contracts, the costs of returning the Goods if, by their nature, those items cannot normally be returned by post;
- Seller's obligation to deliver Goods without defects;
- the possibility of having recourse to out-of-court complaint and redress procedures and the rules of access to these procedures;
- additional services offered by the Seller in connection with the order placed, as well as their estimated costs, and, where these charges cannot be determined, the obligation to pay them.
- The colours of the Goods presented on the Website as well as colour samples may differ from the actual colour for technical reasons (such as, for example, settings of the computer, graphics card, monitor settings) and are illustrative. The difference in colours (in particular the shade and saturation of colours) of the presented Goods cannot constitute any basis for a claim against the Seller based on an allegation of non-compliance of the Goods with the agreement.
- The Seller allows the Customers to use the Subscription service for selected Goods. The service consists of the delivery of Goods to the address indicated by the Customer, at intervals selected by the Customer (every 30 days, every 60 days or every 90 days), without the need for additional statements or subsequent orders of the Customer.
- The first order placed for the Subscription service shall be processed immediately after the order has been placed, pursuant to the provisions of § 7 and § 10. Subsequent orders shall be processed at an interval selected by the Customer.
- Before the next Delivery date arrives, the Seller shall inform the Customer via e-mail. The information referred to in the preceding sentence constitutes confirmation of acceptance of the order for execution. The moment it is received by the Customer, the contract between the Customer and the Seller is concluded. The Customer may withdraw a subsequent order until it is confirmed by the Seller under the terms of this section and section 6.
- On the day of the scheduled delivery of subsequent orders, the Seller shall charge funds amounting to the price of the Goods and the costs of Delivery (if Delivery is chargeable) from the Customer's payment card, the number of which was provided when the first order was placed. The order is dispatched after confirmation of payment processing from the external PayPal payment system. If the transaction is declined, for example due to lack of funds on the payment card, the Subscription will not be renewed.
- Changing the Subscription model, changing the date or shipping address of the next order, changing the Goods included in the Subscription and unsubscribing are possible at any time, but at least 24 hours before the next order is dispatched. For this purpose, the Customer shall make the relevant changes from the Customer Account or send the relevant information to the Seller by e-mail. Registration of a Customer Account is not mandatory if the Customer uses the Subscription service, however, Registration enables cancellation of the Subscription directly from the Customer Account.
- If the Seller is unable to process a subsequent order, it will inform the Customer by e-mail, without charging the Customer further fees.
- The prices of the Goods in the Online Shop are given in gross amount. The prices of the Goods do not include information on delivery costs and other costs which the Customer will be obliged to incur in connection with the conclusion of the Sales Contract, and about which the Consumer will be informed at the stage of placing the order.
- The Customer may choose the following forms of payment for the Goods ordered:
- bank transfer through PayPal external payment system, operated by PayPal (Europe) S.àr.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the processing of the order will start after the Seller has sent the Customer a confirmation of acceptance of the order and after the Seller has received information from PayPal that the Customer has made the payment);
- bank transfer, card payment or other payment methods available through the external payment system Mollie, operated by Mollie B.V. with its registered seat in Keizersgracht 126, 1015 CW Amsterdam, the Netherlands (in this case the processing of the order will commence after the Seller has sent the Customer a confirmation of the order acceptance and after the Seller has received information from Mollie that the Customer has made the payment);
- within the Subscription, by card payment through the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the processing of subsequent orders will start after the Seller has sent the Customer information about the processing of the subsequent order and after the Seller has received confirmation of the payment transaction from PayPal).
- The Customer shall be informed each time by the Seller on the Website about the deadline by which the Customer is obliged to make payment for the order in the amount resulting from the concluded Sales Contract.
- If the payment is not registered, the Seller sends an e-mail to the Customer informing about it. The Customer is asked to make a new payment to the account number designated by the Seller or to send a payment confirmation to the e-mail address email@example.com in order to verify the payment.
- If the Customer fails to make the payment within the time limit referred to in section 4 above, the Seller shall set an additional time limit for the Customer to make the payment and inform the Customer about it. The information about the additional deadline for payment shall also include information that upon ineffective lapse of this deadline, the Seller shall withdraw from the Sales Contract. If the second deadline for payment lapses ineffectively, the Seller shall send the Customer a statement of withdrawal from the Contract.
- Electronic payments are made through the external payment operators indicated in section 2 above. The Seller does not process the Customers' data from their payment cards and other data indicated by the Customer when making electronic payments.
- The Seller will post on the Website information on the number of Working Days required to process the order and Delivery. The standard lead time shall be approximately 6 Business Days, for all Delivery options, calculated from the time the order is placed and paid for (unless the Customer chooses the payment on delivery option). Orders placed and paid for by 11am on a Business Day are generally dispatched the same day.
- The ordered Goods are delivered to the Customer, via the Supplier, at the address indicated on the order form.
- On the day of dispatch of the Goods to the Customer, information confirming dispatch by the Seller is sent to the Customer's e-mail address.
- The Customer is obliged to examine the delivered parcel at the time and in the manner usual for parcels of a given type. If the parcel is found to be damaged or defective, the Customer has the right to request an employee of the Supplier to write an appropriate protocol, and if the employee refuses, the Customer writes the protocol and sends it to the Seller (via e-mail).
- The Seller shall send to the Customer a VAT invoice covering the Goods delivered by e-mail, unless the Customer wishes to enclose it with the parcel being delivered.
- 11. Seller's liability for defects of Goods
- The Seller shall ensure delivery of Goods free from physical and legal defects. The Seller shall be liable to the Customer if the Goods have a defect for which the Seller is liable in accordance with the applicable provisions of law.
- If the Goods have a defect, the Customer may:
- submit a statement requesting a price reduction or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Customer replace the defective Goods with Goods free from defects or remove the defects. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with defect-free Goods or remove the defects. A Customer who is a Consumer may, instead of rectification of defects proposed by the Seller, demand replacement of the Goods with defect-free ones or, instead of replacement of the Goods, demand rectification of the defects, unless bringing the Goods into conformity with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer would be exposed by another way of compensation. The above two sentences shall not apply to the Entrepreneur-Consumer;
- demand to replace the Defective Goods with defect-free Goods or to remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time, without undue inconvenience for the Customer. If the Customer is an Entrepreneur, the Seller may refuse to replace the Goods with defect-free Goods or remove the defect if the cost of satisfying this obligation exceeds the price of the Goods.
- The Customer who exercises warranty rights is obliged to deliver the defective Goods to the Seller's address. In the case of a Customer who is a Consumer (which does not apply to an Entrepreneur-Consumer), the cost of delivery is covered by the Seller (in other cases, the cost of delivering the Goods is covered by a Customer who is not a Consumer).
- The Seller shall be liable under the warranty, if a physical defect is discovered before the lapse of two years from the delivery of the Goods to the Customer. The claim for rectification of the defect or replacement of the Goods with goods free from defects, lapses with the lapse of a year, counting from the date of issuance of the Goods, but if the Customer is a Consumer (which does not apply to the Entrepreneur-Consumer), this period cannot end before the lapse of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Contract or make a declaration of price reduction due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Sales Contract or submission of a statement of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
- Any complaints relating to the Goods or the performance of the Sales Contract, the Customer may address in writing to the Seller's address, to the telephone number provided on the Website, by e-mail, to the e-mail address: firstname.lastname@example.org, or via the Contact Form.
- The complaint should indicate a description of the problem giving rise to the complaint and the Customer's data (including name and surname, postal address, e-mail address). Complaints that do not contain data making it possible to identify the Customer, will not be taken into consideration by the Seller. The complaint should also include the Customer's submission of one of the requests referred to in section 2 above.
- The Seller shall be entitled to contact the Customer who sent the complaint and the Customer affected by the problem giving rise to such complaints to the extent necessary to determine the validity of the complaint and to initiate any explanatory proceedings.
- The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint about the Goods or the complaint relating to the performance of the Sales Contract submitted by the Customer.
- The Seller shall notify the Customer submitting the complaint at the e-mail address provided in the application of the complaint.
- In the case of a complaint concerning Goods by a Customer who is a Consumer and who has requested replacement of the Goods or removal of a defect or has made a declaration of 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 shall be deemed that the request made by the Consumer has been acknowledged as justified. This provision shall not apply to the Entrepreneur-Consumer.
- The Customer who is a Consumer, as well as the Entrepreneur-Consumer, who has concluded a distance or off-premises Sales Contract, may withdraw from it, without giving any reason, within 14 days from the date of receipt of the Goods, unless the subject of the performance is a non-refabricated item, produced according to the Customer's specifications or serving to meet their individualised needs, or there are other exclusions, indicated in Article 38 of the Polish Act of 30 May 2014 on Consumer Rights or other applicable provisions of law.
- The Consumer, as well as the Entrepreneur-Consumer, submits a declaration of withdrawal from the Sales Contract in writing to the address of the Seller, or by e-mail to the e-mail address of the Seller. The declaration may be made on the form, a specimen of which is attached to these Terms and Conditions. Sending the declaration before its expiry shall be sufficient to meet the deadline. If the declaration is made in electronic form, the Seller shall immediately confirm to the indicated e-mail address of the Consumer or Entrepreneur-Consumer the receipt of the said declaration.
- If the right of withdrawal is exercised, the Sales Contract shall be deemed not to have been concluded. If the Consumer or Entrepreneur-Consumer has made a declaration of withdrawal before the Seller has accepted their offer, the offer shall cease to be binding.
- The Seller shall be obliged to return to the Consumer or Entrepreneur-Consumer all payments made by them, including the cost of Delivery of the Goods to the Consumer or Entrepreneur-Consumer, without delay, but no later than within 14 days of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the Sales Contract. The Seller may withhold reimbursement of payments received from the Consumer or Entrepreneur-Consumer until it has received the Goods back or the Customer has provided evidence of the Goods being returned, whichever event occurs first.
- If the Consumer or Entrepreneur-Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer or Entrepreneur-Consumer for any additional costs incurred by him.
- The Consumer or Entrepreneur-Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Contract. To meet the deadline it is sufficient to send the Goods back to the Seller's address before the expiry of this period.
- In the event of cancellation, the Customer who is a Consumer or Entrepreneur-Consumer shall bear only the direct costs of returning the Goods.
- If, due to its nature, the Goods cannot be returned by post in the usual manner, the Seller shall inform the Consumer or Entrepreneur-Consumer of the costs of returning the Goods.
- The Consumer or Entrepreneur-Consumer shall be liable for any decrease in the value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller shall refund the payment using the same means of payment used by the Consumer or the Entrepreneur-Consumer, unless the Consumer or Entrepreneur-Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer or Entrepreneur-Consumer.
- The Customer who is a Consumer or an Entrepreneur-Consumer shall have no right of withdrawal from a Sales Contract in respect of contracts in which the Goods are delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery.
- The provisions of this paragraph do not apply to Consumers. The provisions of this paragraph shall apply to Entrepreneurs-Consumers, unless expressly indicated otherwise.
- The Entrepreneur (excluding the Entrepreneur-Consumer) is not entitled to exercise the right of withdrawal from the concluded Sales Contract referred to in § 12 of the Terms and Conditions.
- In case of Entrepreneurs, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen.
- In case of Entrepreneurs, the Seller has the right to extend the lead time for each of the ordered Goods for valid reasons, for the time necessary to remove the obstacle to the execution of the order. In such a case, the Customer who is an Entrepreneur is not entitled to withdraw from the Sales Contract, unless the Entrepreneur-Consumer is exercising this right.
- The Entrepreneur (excluding the Entrepreneur-Consumer) is obliged to examine the consignment delivered by the carrier at the time of delivery. If it is found out that during transport there was a defect or damage to the object of the contract, the Entrepreneur is obliged to do everything necessary to determine the liability of the carrier, under pain of losing the right to invoke against the Seller in the course of the complaint procedure the defect of the object of the contract, which the Entrepreneur (excluding the Entrepreneur-Consumer) could have noticed in the normal course of activities when making the delivery of such shipments.
- The liability of the Seller towards the Entrepreneur (excluding the Entrepreneur-Consumer), irrespective of its legal basis, is limited - both for a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs for the Sales Contract.
- 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 to the non-Consumer Customer for damages for non-performance of the obligation, except for the intentional damage.
- The Seller shall not be liable to the Entrepreneur (excluding the Entrepreneur-Consumer) for lost profits.
- Any disputes arising between the Seller and the Entrepreneur (excluding the Entrepreneur-Consumer) shall be submitted to the Polish common court with jurisdiction over the seat of the Seller.
- The Seller shall not be liable to the Entrepreneur (excluding the Entrepreneur-Consumer) for any obstacles or inability to use the Online Shop.
- By accepting the Terms and Conditions, the Customer agrees to issue and send an electronic VAT invoice (pdf file) to the e-mail address indicated in the order.
- If hidden defects, i.e. defects that could not be noticed at the time of receipt of the order, are discovered within 7 days of the receipt of the order, the Entrepreneur (excluding the Entrepreneur-Consumer) is obliged to immediately notify the Seller of the above fact (in the form of an e-mail message), under pain of losing the right to invoke these defects during the complaint procedure.
- The Seller reserves the right to verify whether the contract concluded with a person who wants to use the status of an Entrepreneur-Consumer is not of a professional nature for that person, in particular by verifying the subject matter of the business activity performed, made available on the basis of the provisions of the Polish Central Register and Information on Business Activity (or its’ equivalent in the applicable country). 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 the status of Entrepreneur-Consumer to that person.
- Every Consumer may make use of out-of-court ways of dealing with complaints, asserting claims and resolving disputes. In this respect, it is possible, among others:
- mediation; lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of the relevant Regional Courts in Poland or other competent bodies in the Consumer’s country;
- the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
- The consumer can look for detailed information on out-of-court dispute resolution on the website of the Polish Office of Competition and Consumer Protection – UOKiK (www.uokik.gov.pl) or on the website of the European Commission: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en.
- In the case of a negative response to a complaint about Goods, the Seller is willing to use the system of out-of-court settlement of consumer disputes. The Consumer may find an appropriate dispute resolution body here: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2&lng=EN
The entity competent to resolve the above-mentioned disputes for the Seller is the Trade Inspection - Mazovian Voivodeship Trade Inspection Inspector in Warsaw, website address of the Entity: http://www.wiih.org.pl/index.php?id=1.
- The President of UOKiK keeps a register of entities conducting out-of-court consumer dispute resolution proceedings, which can be found at: http://polubowne.uokik.gov.pl/rejestr,5,pl.html
- A list of providers of out-of-court consumer dispute resolution through the ODR platform (ODR - Online Dispute Resolution) is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
- The provisions of this paragraph do not apply to the Entrepreneur-Consumer.
- The Seller is the administrator of the personal data of Users, including Customers of the Online Shop.
- The content of these Terms and Conditions may be recorded by printing, saving to media or downloading at any time from the Website. For a printout, please click HERE.
- In matters not regulated by these Terms and Conditions, including disputes arising in connection with contracts concluded on the basis thereof, the applicable provisions of Polish law shall apply. If these Terms and Conditions refer to universally applicable legal regulations, the universally applicable provisions of Polish law shall be deemed to be such, subject to section 3 below.
- Where provisions which cannot be derogated from by contract, under the law in force in the Member State of the European Union of the place of habitual residence of the Consumer or Entrepreneur-Consumer, are more favourable to the Consumer or Entrepreneur-Consumer than the provisions of these Terms and Conditions, then these provisions shall apply to contracts concluded under these Terms and Conditions to the extent that they afford the Consumer or Entrepreneur-Consumer more favourable protection. Otherwise, the provisions of these Terms and Conditions shall apply.
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for fulfilment before the date of entry into force of the new Terms and Conditions shall be performed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer. Amendments to the Terms and Conditions shall come into effect within 14 days of their publication on the Website. The Seller shall inform the User 14 days before the new Terms and Conditions come into force by means of an e-mail 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, the User undertakes not to use the Website and to inform the Seller about it. In such a case, contracts for the provision of Electronic Services to that User shall be terminated with immediate effect.
- These Terms and Conditions are effective as of 18.07.2022.
(this form must be completed and returned only if the Consumer or Entrepreneur-Consumer
wishes to withdraw from the contract)
____________________, on ____________
(name and surname)
Phenicoptere sp. z o.o.
Chocimska 14a / 101, 00-791 Warsaw, Poland
DECLARATION OF WITHDRAWAL FROM THE SALES CONTRACT
I, the undersigned(s) ____________________________________________, in connection with the concluded contract of sale dated ______________________, order number ___________________, date of receipt of delivery ___________________, hereby give notice of my withdrawal from the contract of sale of the following goods:
Reasons for withdrawal:__________________________________________________________________________
*) indication of the reason for the withdrawal is optional
**) if the form is sent on paper