Terms and Regulations of the www.skyflar.com on – line shop
The following terms and regulations are available constantly on the www.skyflar.com website in a way that enables it’s viewing, downloading and preserving by printing it out or saving on a mobile device at any time.
The SKYFLAR on – line shop Terms and Regulations set forth the terms under which it is possible and recommended to use the shop, as well as the terms and means to provide the on – line service by The Seller, which includes especially entering into on – line sales agreements, delivery means, payments, shaping and setting forth the rights and responsibilities between its parties, the complaint procedure and the withdrawal from the agreement procedure and possibility.
The Consumer cannot waive his rights granted by The Consumer Rights Bill (ustawa z dnia 30 maja 2014 r. o prawach konsumenta, Dz. U. poz. 827 z późn. zm.) The Terms and Regulations provisions less favourable than the bill’s provisions do not apply towards The Consumer, and the bill’s provisions take priority instead. The Consumer’s rights arising from The Consumer Rights Bill take priority over the hereby set forth Terms and Regulations in any case the two clash.
- Personal Data Administrator – The Seller.
- Order completion time – the time frame between confirming the order by The Seller and delivering the ordered item.
- Delivery date – the time frame between handing the order to the delivery company and issuing it to The Client.
- Working day – days between Monday and Friday except bank/public holidays and other statutory off days.
- E – book – a book publication made available in digital form readable on the flat – panel display of a computer or other electronic devices, such as smartphones, palmtops, tablets; e – books available in the on – line shop may be delivered in digital file format to download on The Client’s device or saved as optical discs such as CDs, DVDs or other.
- Contact form – on – line service, an interactive contact form available on the shop’s website, enabling a fast way to contact The Seller
- Registration form – on – line service, an interactive form available on the shop’s website enabling creating a Client’s account.
- Order form – an interactive form available on the shop’s website enabling to place an order, especially through adding a product to an electronic cart and specifying the terms of a sales agreement with The Seller.
- Password – a string of characters chosen by The Client during the registration process in the on – line shop
- The Client – a natural person with full legal capacity, or in cases directly arising from the applicable laws, also a natural person with limited legal capacity, a legal person and an organizational entity without legal personality but which is granted legal capacity by the law
- Civil Code – a bill (law, statute) which was established on the 23rd of April, 1964 abbreviated and referred to also as k.c.
- Consumer – a natural person entering into contract with The Seller to buy products not directly or indirectly attached to his/hers business or professional operations (“a person who purchases goods and services for personal use”).
- Client’s Account – on – line service defined with a personal name (login) and a password entered by The Client gathering data through The Seller’s IT system where The Client can store information regarding his on – line sales agreement data and his orders history placed within The Seller’s on – line shop.
- Cart – the on – line shop’s software element in which the ordered items are gathered and where The Client can set and modify his order’s data, especially the quantity of ordered items.
- Newsletter – an on – line service provided by The Seller via e – mail which enables every subscribed member to receive periodic, automatic on – line free of charge information and promotional opportunities regarding the services provided by the on – line shop.
- Entrepreneur – natural person, legal person and an organizational entity without legal personality but which is granted legal capacity by the law, corporations, business entities able to operate as businessmen, providing services for profit, either economic or professional.
- Terms and regulations – the on – line shop’s following terms (and regulations) of use.
- The Seller – Skyflar sp. z o.o. (limited liability company) seated in Ełk, zip code 19-300, Poland, 5/1 Stary Rynek Street, National Court Register number 0000652530, registered in the District Court of Olsztyn, VIII th Economic Department, taxpayer ID number: 8481866153, state statistical number: 366072444, represented by Ewa Szwajka – chairwoman of the board and Paweł Szwajka – member of the board, contact number: +48 796 214 418, e – mail address: email@example.com
- On – line shop – a website under the www.skyflar.com domain, through which The Seller offers and concludes on – line sales agreements and other on – line services.
- Product/Item – available in the on – line shop being the subject of a sales agreement between a Client and The Seller
- Sales Agreement – an agreement concluded on – line, long distance or off – premises between The Seller and The Customer via the on – line shop, aiming at selling and purchasing goods.
- Long distance or off- premises sales agreement – an agreement concluded between The Seller and a Client through an organized long distance/ off- premises agreements system without a need of at the same time presence of the parties to the agreement, using solely one or more long distance contact measures.
- On – line service – a service provided via an IT system using The Internet, by The Seller for The Client via The Seller’s on – line shop.
- Consumer Rights Bill – a bill (law, statute) established in Poland on the 30th of May 2014, applicable towards Consumers in the Polish legal system.
- Order – a customer’s statement placed via the on – line shop, using the order form with the aim of concluding a sales agreement with The Seller, setting forth it’s specific details, such as the type and quantity of the product, delivery details and costs, the payment form and other necessary customer data towards entering into contract.
2. General Provisions
- The Client is bound to use the on – line shop and the services provided by The Seller accordingly, especially in accordance to the Polish legal system and the hereby set forth Terms and Regulations, following established customs and with regard of IP and copyrights of The Seller and third parties. It is forbidden to enter illegal content on the website by The Client.
- The Terms and Regulations are set forth for both types of Clients, Consumers and Entrepreneurs (Unless a provision/a paragraph/an article directly states that it is referring to only Consumers).
- The on – line shop’s website is available in five languages: English, Polish, German, French and Spanish. To choose a language one must enter the bookmark on top of the website’s homepage.
- The Seller hereby informs that his website sells outlet goods as well. If the outlet goods are having a known and disclosed in the product’s description error or defect (a so called “disclosed defect”) The Seller is not liable for warranties within the sales agreement. This does not apply to any errors or defects later discovered or occurred, not known by the time of the sale and different from the disclosed defects.
- All The Client’s consent forms – check boxes regarding their personal data are available on the shop’s website – every time and anywhere the personal data is being collected. The consent’s content are accepted by The Client every time in every instance of entering his personal data on the on – line shop website. The Clients can modify, correct or withdraw their consent to process their personal data at any time.
- The purchase of goods within The Seller’s on – line shop is available to Clients having a permanent residence in Poland or other EU member countries, as well as outside the EU.
- All the information included on the Seller’s on – line shop website do not stand for a binding offer according to the Civil Code understanding of this term (66th article of civil code), but remain only an invitation for Clients to enter into a sales agreement (according to article 71 of the civil code).
- Using the on – line shop stands for every action leading to apprehend the website’s content.
- The Seller ensures a proper security level of the digital content’s transmission, using technological, as well as organizational measures in order to provide it’s security.
- At the same time The Seller indicates that using the Internet and on – line services may as a result threaten the Client’s IT system’s security, regarding malware and unauthorized access to the Clients personal data. The Seller therefore encourages his Clients to also install and use proper data security measures at their mobile devices.
- The Seller reserves the right to occasionally organize promotional actions and prize contests which will have separate rule guides published on the shop’s website. The promotions introduced on the website do not cumulate unless it is otherwise stated in the relevant promotion rule guide.
- The minimal technical requirements necessary to use the on – line shop are:
- Computer, laptop or other mobile device with Internet access
- Internet browser using Cookie files
- Access to an e – mail.
3. Using the on – line shop
- The Seller provides the following forms of contact:
- Via telephone: +48 796 213 418, on work days from 9.00 to 17.00
- Via e – mail: firstname.lastname@example.org, email@example.com
- Via letter using the ul. Stary Rynek 5/1, 19-300 Ełk address.
- It is not necessary to create an account to be able to view the shop’s assortment.
- The sale of goods available within the on – line shop is being completed after The Clients places an order.
- An order can be placed by adding a selected product to the cart, without the need to log in.
- Access to some of the on – line shop functionalities may require to previously register and log in, the use of the shop’s accessible functionalities is optional.
- For the client account to work properly or to place an order within the shop it might be critical to switch the Cookie files option on.
- The offered product’s prices are being shown according to the chosen currency option: in Polish Złoty, in Euros, in American Dollars or in British Pounds. The currency option is available in the top bookmark on the shop’s homepage. The prices include value added tax. The prices do not however include the delivery fees and costs.
- The delivery fees which The Client is bound to bear upon the sales agreement with The Seller and the total sum with delivery costs and taxes will be disclosed to The Client on the on – line shop’s website in the order form during placing his order, especially while The Client accepts to be bound by the on – line sales agreement and in the informative bookmark concerning the delivery costs.
- The costs of Internet access and data transfer are being solely The Client’s responsibility and are due according to the internet provider’s tariff with which The Client entered into a contract with.
- The Client is responsible for the authenticity and completeness of the data entered by him on the shop’s website.
- The on line shop offers the following free of charge on line services: Client account, registration form, contact form, order form, newsletter. In case of temporarily not being able to provide the abovementioned on line services (temporary breaks) The Seller will inform of such directly on the shop’s website.
- The Client may file a complaint regarding the free of charge on line services provided by The Seller. A complaint regarding the on – line services as well as other complaints regarding the shop’s usage and operation (excluding the complaint procedure regarding the sold products which is being described in a separate paragraph of the following Terms and Regulations), may be filed in writing using the address mentioned at the beginning of this paragraph or via e – mail using the following: firstname.lastname@example.org or email@example.com
- It is advised that The Client puts a brief description of the problem he’s filing the complaint about.
- The Seller will reply without undue delay, no longer than within 14 calendar days from filing the complaint.
- Consumers have also the right to withdraw from the on line services agreement. This right is executed upon the terms of the following document.
- The Client who’s using the account on line service which is of continuous and indefinite character has the right to terminate the on line service agreement without due cause with effective immediately. To exercise this power The Clint is required to send a written statement to terminate the agreement via e – mail or traditional mail.
- The Seller reserves the right to terminate an on line service agreement which is of continuous and indefinite character, with a 14 day notice if The Client breaches the following terms and regulations conditions.
4. Creating an account in the on – line shop
- The creation of a Client Account comes together via filling out the registration form. To create and account The Client is obliged to enter the “log in/registration” bookmark available on the top of the homepage, or to click the “create an account” check box during the ordering process.
- Additional data is possible to share in The Client’s Account administrative panel that will help with placing an order while filling in the order form.
- The account’s registration is free of charge.
- The service is provided for an indefinite time period.
- The Client is required to accept the following Terms and Regulations in order to successfully create an account, The Client is required to read and familiarize oneself with the Terms and Regulations content before he clicks the ‘accept’ button. The Client also accepts that his personal data will be processed when and while he maintains an account in the on – line shop.
- After sending the filled out registration form The Client will receive an e – mail message confirming the registration. To log in into his account The Client shall enter his e – mail address and a password. After logging in The Client will be able to edit and change previously entered data, check his order’s status and view his shopping history.
- Creating an account is also possible after clicking on the “register” button.
- The Client has the right to quit his account at any time without just cause and free of any charges. To do so The Client is required to send a written statement regarding his will to quit the account, preferably via e – mail.
- The Newsletter on – line service agreement is concluded for an indefinite time period and shall dissolve by the time The Client sends a request to quit the subscription or clicks the necessary check box to discontinue receiving the Newsletter service in The Client Account administrative panel, or clicking the link that is send at the bottom with each newsletter feed.
- The User/Client can quit the newsletter subscription at any time.
- Through the newsletter on –line service The User/The Client receives on his submitted e – mail address digital materials and information concerning commercials, promotions, new supplies or services.
- To start subscribing the newsletter one shall enter his e – mail address in the designated area on the shop’s website and accept the displayed check boxes below and then click on the envelope icon.
- After sending out the subscription request by The User/The Client, The Seller will immediately respond by sending an activation link on the e- mail address The User/The Client submitted, which shall be clicked to confirm the subscription. From the moment of confirming the subscription the on line service agreement is concluded.
6. Contact Form
- The contact form on – line service enables to send a digital message to The Seller via a form installed on the shop’s website.
- The contact form on – line service is provided free of charge.
- The service is being provided for an indefinite time period and commences when The User/The Client starts to fill out the form and terminates by the time The User/The Client withdraws from filling out the form or by the time of sending the filled out form and receiving The Seller’s response.
- The service enables The Clients to contact The Seller via an interactive form.
- To use the service it is required to click the “contact” bookmark and enter a valid e – mail address or telephone number, it is also possible yet optional to leave your name and surname and fill in the message space clicking the “send” button afterwards.
7. Order placing procedure
- The “order form” on line service is provided free of charge and is of one time (one – off) character.
- Placing an order via the shop’s website is available 24 hours a day and 7 days a week.
- Placing an order is complete by filling out the order form.
- The agreement is concluded for a definite time period. It commences by the time The Client adds the first item to his cart and terminates by the time The Client withdraws from filling out the order form, or by the time The Client successfully fills out and submits his order by sending the order form to The Seller via clicking the confirm the purchase button and the confirm the payment button.
- The sales agreement procedure starts with picking the desired goods (item, product) and taking steps according to the relevant information and form content which are appearing during the ordering process. The order is placed by clicking the button confirming the purchase and confirming the payment button.
- The purchase of goods via the on line shop is also possible without the need to create and account.
- Until clicking the confirm purchase and confirm payment button The Client may alter and modify the submitted data regarding the order (in this case it is required to follow the information provided on the website and order process). In case the order was placed without logging in, The Client fills out the order form by submitting the following data: name and surname, e – mail address, delivery address (street, house number, zip code number, city and country) optionally his telephone number as well as the data relevant to the sales agreement such as: product name, quantity, delivery place, delivery method and payment method. Business Clients (Entrepreneurs) who wish to receive an invoice for the purchased goods shall also submit the company name and taxpayer ID number. During this stage of the ordering process The Client is required to check the submitted data for accuracy and transparency as well as the selected products. The Client may also place an order while logging in to his account by entering his e – mail and password.
- The Seller sends to the submitted e – mail address an order confirmation and informs The Client that he is ready to execute the placed order. This written information contains all the relevant and established conditions of the on – line sales agreement. In particular the quantity of ordered products, it’s total price and the delivery costs as well as an information about possible discounts that are granted to The Client (if such situation occurs). By the time The Client receives such confirmation e – mail the on – line sales agreement is concluded.
- Until the moment of clicking the “buy and pay” button The Client has the ability to edit his order.
- The Client has also the ability to create an account while placing an order and filling the order form. The registration is one time, voluntary and free of charge. The data submitted in the registration process will be used to complete future orders.
- Client who created an account on the shop’s website has the ability to check his order status.
8. Payment and Delivery
- The products prices are displayed on the on – line shop’s website and are gross prices and do not include delivery costs information (specifically transportation costs, delivery and postal services). The full delivery (shipment) costs are displayed during placing an order, specifically while The Client expresses the will to be bound by the on – line sales agreement and in the information containing bookmark regarding delivery costs.
- The ordered products are being shipped to The Client according to his chosen delivery method during the ordering process.
- The Seller offers the following delivery methods:
- a) The Client may use the postal shipment (delivery time in Poland 2-3 work days, Europe up to 6 work days, North and South America up to 15 work days, Australia, China, New Zealand up to 20 work days, other countries from 5 to 11 work days);
- b) The Client may use the cash on delivery postal shipment (available only for Polish customers, delivery time 1-2 work days);
- c) The Client may use a professional carrier company shipment (delivery time in Poland 1-3 work days, other countries 5-10 work days);
- d) Polish Clients may use the paczkomat option with delivery time up to 3 working days;
- e) The Client may use the cash on delivery carrier company shipment (available only in Poland, delivery time 1-3 work days);
- f) The Client may personally pick up the shipment which is available under The Seller’s seat address: Stary Rynek street 5/1, 19-300 Ełk, Poland.
- The Seller offers the following payment methods:
- a) cash – while picking up the shipment directly from The Seller and personally by The Client;
- b) cash on delivery using the following bank account number: 63 1140 2004 0000 3902 7660 6122;
- c) wire transfer via The Seller’s (Alior Bank S.A. SWIFT/BIC ALBPPLPW) following bank account numbers:
PLN account: 63 1140 2004 0000 3902 7660 6122,
EUR account: IBAN number PL33249010570000990255611304,
USD account: IBAN number PL86249010570000990255611304,
CHF account: IBAN number PL77249010570000990255611304,
GBP account IBAN number: PL24249010570000990255611304.
- d) pre-payment (payment in advance) to the following bank account number:
PLN account: 63 1140 2004 0000 3902 7660 6122,
EUR account: IBAN number PL33249010570000990255611304,
USD account: IBAN number PL86249010570000990255611304,
CHF account: IBAN number PL77249010570000990255611304,
GBP account IBAN number: PL24249010570000990255611304.
e)wire transfer through an outside payment system – PayPal Polska sp. z o.o. seated at Warsaw, 00-113, Emilii Plater Street 53, taxpayer ID number: 5252406419, national court register number: 0000289372, state statistical number: 141108225 – the current payment methods are listed on the www.paypal.com website.
- f) wire transfer through an outside payment system – Stripe, Stripe Inc. 510 Townsend Street, San Francisco, CA 94103, USA – the current payment methods are listed on the company’s website.
- Additional and more detailed information regarding the payment and delivery costs are available in the “delivery forms and costs” bookmark.
- The Seller documents the sales agreement with a receipt or an invoice if The Client wishes to receive one which are attached to the shipped order.
- In the event of choosing the pre – payment, The Client is required to make the payment within 7 days.
- If The Client chose to pay with wire transfer or via an outside payment system or via his credit/debit card it is required that the payment is made within 7 work days from the day The Client received the order confirmation e – mail from The Seller, in which the total cost as well as other necessary sales agreements conditions were met (the on – line sales agreement was concluded).
- In case the payment will not reach The Seller within the abovementioned time period, the order will be cancelled.
- If The Client chose the cash on delivery payment method it is necessary he makes the payment directly upon receiving the shipment from the carrier company.
- If The Client chose to pick up the order personally and pay in cash, it is necessary he makes the payment directly while picking up his order.
- The delivery is payable unless the sales agreement states otherwise.
- The delivery is available in Poland, in The EU member countries, or outside The EU, to an address submitted while filling out the order form.
- The abroad delivery cost varies upon the package’s weight and size. To choose the abroad delivery option it is required to add a product to cart and choose the delivery country from the existing options.
- The Client is at all times informed about the delivery costs which are displayed in the order form.
9. Sales Agreement Execution
- The Seller is required to deliver the product being the sales agreement subject without any defects.
- The ordered product is being delivered to The Client to the address submitted in the ordering process via a designated by The Client carrier/postal service.
- The sales agreement is being concluded between The Seller and The Client after The Client places an order via the order form. It is necessary to have an active e – mail account (address) if one wishes to place an order.
- The ordered product is packed in a suitable way. The Seller ensures the proper security measures while shipping the ordered product and it’s suitable for travel packing.
- The Seller informs The Client that the product has been obtained by the carrier company via a separate e – mail message.
- The message confirming and summing up the order contains all previously set forth sales agreement’s conditions: the product’s quantity, and it’s type, total cost including delivery and value added tax, possible discounts, and the required payments.
- The product is delivered according to The Client’s chosen option.
- The order completion time varies between 2 and 30 days, unless in the product description or while placing an order another time is displayed and announced. The delivery time varies upon the chosen delivery method and delivery country. The delivery time has been described in the 8th paragraph of the terms and regulations.
- The Seller enables to personally pick up the ordered product by The Client, which is free of charge. The pick up time will be established individually between The Seller and The Client, via telephone. Usually it is possible to personally pick up the ordered products between 9.00 and 16.00 on work days after setting it up with The Seller at least 2 hours after placing the order.
- In the case of ordering products with different delivery dates, the delivery time is the longest set forth delivery date.
- In the case of ordering products with different delivery dates, The Client has the right to ask for the products to be delivered separately or to wait until the order is completed and receive all the ordered products at once.
- If The Client chooses a wire transfer via an outside payment system as a payment method the delivery date starts on the day the transferred funds balance on The Seller’s bank account.
- If The Client chooses a cash on delivery payment method the delivery date starts on the day of concluding the on – line sales agreement.
- During the ordering process, while filling out the order form as well as in the confirmation e – mail from The Seller, The Client is informed about the costs of delivery that The Client chose.
- Until The Seller confirms the order via an e – mail message The Client can change or cancel his order. To do so The Client is required to contact The Seller via telephone or e – mail (contact form). Cancellation or change of the order after the confirmation e – mail has been sent is possible after consulting The Seller.
- In case of extraordinary circumstances, or if completing the order is impossible in the designated time frame The Seller will immediately contact The Client to establish a new delivery date or other delivery method.
- After receiving the shipment The Client or a designated by him person should examine the package to check if it’s broken or defected. The Client should if possible write a damage protocol in the presence of the carrier company’s employee and let The Seller know about the situation.
- In case the product looks damaged (defected) The Sellers asks The Client not to accept the package. The abovementioned policies do not in any way exclude or limit The Client’s complaint claims upon the following Terms and Regulations rules. These policies are only established to help The Seller get to the bottom of the causes and liability for the damage. Not submitting the damage protocol does not limit the claim that the package was damaged. The complaint procedure stays unaltered irrespective of using or not the abovementioned policies.
- In case The Client is not present at the submitted address the deliverer will leave a notice or will try to establish contact with The Client using the number submitted during the ordering process to try and find a different and suitable time to deliver the ordered product. If the carrier company sends the ordered product back to The Seller, he will contact The Client to establish another delivery date.
10. Withdrawal from the agreement
- A Consumer who entered into the on line sales agreement off premises or long distance has the right to withdraw from the agreement within 14 calendar days without just cause or without giving any cause.
- The right to withdraw from the agreement is available within 14 calendar days from taking the item/product into possession by The Consumer or a third party designated by The Consumer.
- If the agreement states more than one product which were delivered separately the withdrawal term expires with the moment of taking into possession by The Consumer the last item of the ordered products.
- To execute the statutory right of withdrawal from the agreement, The Consumer shall send The Seller a written statement to The Seller’s company address, or via his contact e – mail.
- In the case of withdrawal from the long distance concluded agreement by The Client it is as if the agreement never was made (never commenced).
- The Consumer can also use a template statement, attached on The Seller’s website, being also the Attachment 1 to these Terms and Regulations. Using the template statement is not compulsory and does not count or have any impact in the withdrawal procedure.
- To properly execute (exercise) the right to withdraw within the given time frame, it is suffice for The Consumer to inform The Seller on – line via the contact e – mail before the time frame expiration.
- The Consumer who filed his withdrawal on – line via e – mail shall receive a confirmation e – mail about the withdrawal to an address given in the order form or in the registration process.
- The Seller shall immediately, no longer than within 14 calendar days from receiving the withdrawal statement, give back any received from The Consumer payments, including the delivery costs. The Seller wires the payments back in the same manner as he received them, unless The Consumer specifically asks for a different payment method, which does not come with any additional fees.
- The Seller holds back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in case The Seller is not bound to personally collect the item.
- The Consumer is required to promptly return the product/item to The Seller or to any person authorized by The Seller to receive the product/item immediately, no more than 14 calendar days from the day on which The Consumer withdrew from the contract.
- Where The Consumer has chosen a delivery option other than the most economical default delivery standard offered by The Seller, the latter is not required to reimburse The Consumer for the additional costs.
- The Consumer shall only bear the direct costs of returning the product/item.
- The product/item shall be returned to the following address: Berneńska Street 9d, 03-976 Warsaw.
- The Consumer is solely liable for any decrease in value of the product/item resulting from use of the products in a manner exceeding the reasonable use necessary to ascertain the nature, features and functions of the product.
- The Consumer shall not be entitled to withdraw from an off-premises contract or from a long distance contract, in relation to contracts:
- a) for the provision of services where The Seller has fully performed the service with The Consumer’s explicit consent and The Consumer was informed before the commencement of the service that he would lose the right to withdraw from the contract upon the completion of the service by The Seller;
- b) which include a price or remuneration which depends on financial market fluctuations which are beyond The Seller’s control and which may occur before the time limit for withdrawal from the contract expires;
- c) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
- d) where the performance consists of products prone to rapid decomposition or which expire rapidly;
- e) where the performance consists of products delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
- f) where the performance consists of products which, owing to their nature, become inseparably connected to other products after delivery;
- g) where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the sales agreement was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which depends on financial market fluctuations which are beyond The Seller’s control;
- h) where The Consumer explicitly requests that The Seller come to perform urgent repair or maintenance work; if The Seller provides additional services other than the ones requested by The Consumer or delivers products other than spare parts essential for the performance of the requested repair or maintenance work, The Consumer shall be entitled to withdraw from the contract in relation to those additional products and/or services;
- i) where the performance consists of audio or video recordings or computer programs delivered in closed packaging bearing a seal, if the packaging was opened after delivery;
- j) for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
- k) concluded by means of a public auction;
- l) for accommodation services other than for residential purposes, transportation of products, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service;
- m) for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon The Consumer’s explicit consent before the time limit for withdrawal from the contract expires and after The Consumer is notified by The Seller of the loss of the right to withdraw from the contract.
- The Seller is required to provide The Client with a product that complies with it’s description and The Client’s order (free of defects, physical or legal).
- The principles and scope of such warranty come directly from the civil code regulations (art. 556 – 576 k.c.).
- The Seller is liable towards The Client for physical and legal defects of the purchased item.
- The complaint may be filed in writing and send to The Seller’s company seat address, or filed on – line using The Sellers’s contact e – mail address, or by completing the contact form given on The Seller’s website.
- The Client who is executing his warranty rights is bound to send back the flawed item to The Seller or if it is impossible to send the item back, to provide The Seller with an opportunity to access and examine the flawed (defected) item in the place where it is stored.
- If The Client has a consumer status the delivery costs attached to this procedure are covered by The Seller.
- It is advised (but not obligatory) to enter the following data while issuing a complaint:
– circumstances surrounding the complaint’s subject (type of defects and date of its occurrence)
– describing The Customer’s demands towards the complaint (demanding reinstating the item to its proper state, or to issue a statement about lowering the item’s price, or to withdraw from the contract)
– The Customer’s contact data to process the complaint
– the date of purchase and the date of issuing the complaint.
- The complaint form is available on The Seller’s website but it is not obligatory to use when issuing a complaint procedure. Not using the complaint form does not influence the procedure in any way.
- The Seller is bound to respond to the complaint immediately, not longer than within 14 calendar days. If The Seller fails to respond within this time frame, the complaint filed by a Consumer is being processed as a valid and justified one.
- The Seller informs that the products sold via his on – line shop do have a producer’s warranty. This information will be attached to the product’s description in any case.
- The Client has the right to both use the civil code warranty and the producer’s warranty independently.
12. Alternative Dispute (Complaint) Resolutions
- Information regarding the ADR procedures is available in the District Consumers Ombudsman offices, on their websites, in the offices of NGOs which statutory concerns include consumer rights and in Voivodeship Commerce Inspection offices and upon the Office of Competition and Consumer Protection website:
http://www.uokik.gov.pl/spory_konsumenckie.php , http://www.uokik.gov.pl/sprawy_indywidualne.php
- The Seller informs that at the following website address: http://ec.europa.eu/consumers/odr there is an EU platform available to process ADR issues. It’s called an ODR Platform.
- The Client who has a Consumer has different means to use within the ADR procedures:
- b) calling the voivodship commerce inspection inspector with a motion to initiate a mediation procedure regarding an arbitral dissolution of a dispute between the consumer and the seller
- c) using the district consumers ombudsman help or using the help of an NGO which statutory concerns include consumer rights
- d) using the electronic disputes resolution method with The Seller provided by the UE platform available upon: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
13. Personal Data in the on – line shop
- The Seller ensures and states that he follows all the rules and means of personal data protection of the people using his on – line shop, as well as abides by all the laws regarding that matter.
- The Seller informs that submitting personal data is voluntary, however failing to submit some of the required on the website and in these terms and regulations data will likely result in failing to conclude the on – line sales agreement.
14. Final Provisions
- The agreements concluded within (and via) the on – line shop are concluded in Polish language.
- All matters not settled by the herein provisions of The Terms and Regulations shall be governed commonly by applicable Polish laws.
- The attachments to the hereby given Terms and Regulations are treated as an integral part of them.
- The Seller reserved the right to change the hereby given Terms and Regulations. He will give at least 14 days’ notice of every such change sending out information to The Clients. The changes shall enter into force within 14 days since it’s publishing on The Seller’s website. If The Client does not accept the proposed changes he is bound to give notice of such in 14 days since reaching the news of them. In this case the agreement shall terminate. Otherwise following the expiry of the time limit imposed The Seller shall acknowledge the changes as accepted by The Client.
- Changes to some on – line services will remain binding if The User was properly informed of the changes and did not terminate the agreement within 14 calendar days since notice.
- Changes to The Terms and Regulations have no impact on previously or currently placed orders or orders being completed at the time of introducing the changes.
- The Terms and Regulations enter into for as of ………………….. 2019
The withdrawal from the agreement template form (regarding Consumers)
Should be completed and filed only if and only with the intention to withdraw.
Skyflar sp. z o.o. seated inEłk, zip code 19-300, Poland, Stary Rynek Street 5/1, National Court Register number 0000652530, registered in the District Court of Olsztyn, VIIIth Economic Department, taxpayer ID number: 8481866153, state statistical number: 366072444
I,…………………………. Hereby inform to withdraw from the sales agreement of the following:
Item’s (product’s) catalogue number: ……………………………………….
Order’s/invoice’s number: …………………………………………………..
Product’s delivery date: ……………………………………………………….
Delivery’s address: …………………………………………………………….
Client’s e – mail address: ………………………………………………………
Client’s contact number:…………………………………………………………
Reason for withdrawal (optional):
date and signature
Instruction on the withdrawal from the agreement
You have the right to withdraw from the herein sales agreement within 14 days upon its conclusion without giving reason.
The withdrawal date expires after 14 days from:
- Getting into possession of the purchased item by yourself or by a designated by you third party, other than the courier,
- Getting into possession of the last purchased item by yourself or a designated by you third party, other than the courier got into possession of the last item,
- Getting into possession of the last part or portion of the item by yourself or a designated by you third party other than the courier got into possession of the last part or portion of the item,
- Getting into possession of the first of items by yourself or by a designated by you third party other than the courier got into possession of the first of items.
Cases where the right to withdraw is excluded are stated in The Terms and Regulations – §10, article 16.
To exercise your right to withdraw from the contract do inform The Seller (Skyflar sp. z o.o. seated inEłk, zip code 19-300, Poland, Stary Rynek Street 5/1, National Court Register number 0000652530, registered at the District Court of Olsztyn, VIIIth Economic Department, taxpayer ID number: 8481866153, state statistical number: 366072444) of your decision using a unequivocal written statement (via post, fax, or e – mail).
You may use the withdrawal template form available on our website but it is not compulsory.
If you decide to do so, we will send you an immediate confirmation e – mail upon the withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your message concerning the exercise of your right to withdraw from the agreement before the withdrawal period has expired.
Results of the withdrawal from the agreement.
If you withdraw from this agreement, we shall reimburse you with all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly chosen otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We could hold back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in which case we are not bound to personally collect the item.
You are required to promptly return the product/item to us or to any person authorized by us to receive the product/item immediately, no more than 14 calendar days from the day on which you withdrew from the agreement.
You shall only bear the direct costs of returning the product/item.