§ 1 Definitions
1. Business Days - means the days of the week from Monday to Friday excluding public holidays.
2. Delivery - means the actual act of delivering the Goods specified in the order to the Client by the Seller, through the Supplier.
3. Supplier - means an entity with whom the Seller cooperates in performing the Delivery of Goods:
a) courier company;
b) InPost Paczkomaty Sp. z o.o. with its registered office in Cracow, providing services of delivery and operation of a system of post office boxes (Paczkomat);
c) Poczta Polska S.A. with its registered office in Warsaw;
4. Password - means a sequence of letter, digital or other characters chosen by the Client during the Registration process in the Online Store, used in order to secure access to the Client's Account in the Online Store.
5. Customer - means the entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
6. Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity.
7. Customer Account - means a panel, individual for each Customer, launched on its behalf by the Seller, after the Customer has made the Registration and concluded the agreement for the provision of the Customer Account service.
8. Login - shall mean an individual designation established by the Customer, consisting of a sequence of letter, digital or other characters, required together with a Password to create a Customer Account in the Online Store.
9. Entrepreneur - shall mean a natural person, a legal person or an organizational unit not being a legal person but to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal action directly related to its business or professional activity.
10. Regulations - means these regulations.
11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Internet Store.
12. Seller's Office - means the place for complaints and returns of Goods at the address: ul. Zamkowa 1, 49-300 Brzeg.
13. Seller - means GRUPA ANIMUS-X Mariusz Oliwa with registered office in Pogorzela 70A, 49-332 Olszanka, NIP: 7471689335, REGON: 5322459732, e-mail: firstname.lastname@example.org, which is also the owner of the Online Store.
14. Internet Shop Page - means the website under which the Seller operates the Internet Shop, operating in the domain pigeonracing.pl/
15. Goods - means a product presented by the Seller via the Store's website, which may be subject to a Sales Agreement.
16. Permanent carrier - means a material or tool enabling the Customer or the Vendor to store information addressed personally to the Customer in a manner allowing future access to the information for a period of time adequate to the purposes for which the information is used, and which allows for the reproduction of the stored information in an unchanged form.
17. Sales Agreement - means a remote sales agreement, on terms and conditions specified in the Terms and Conditions, between the Customer and the Seller.
§ 2 General provisions and use of the Internet Shop
4. In order to place an order in the Online Store via the Store's Website or via e-mail and in order to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. In order to place an order at the Online Store by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
6. It is forbidden for the Customer to provide unlawful content and to use the Internet Shop, the Internet Shop's website or services free of charge services provided by the Seller, in a manner contrary to the law, morality or violating personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus software and identity protection software for Internet use. The Seller shall never ask the Client to provide him with a Password in any form.
8. It is not permissible to use the resources and functions of the Online Store for the purpose of carrying out activities by the Client that would infringe the interests of the Seller, i.e. advertising activities of another entrepreneur or product; activities involving the placement of content not related to the activities of the Seller; activities involving the placement of false or misleading content.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to make a free of charge Registration.
2. Registration is not necessary to place an order in the Online Store.
3. For Registration, the Client should fill in the registration form made available by the Seller on the Store's Website and send the filled in registration form electronically to the Seller by selecting the appropriate function in the registration form. During the Registration the Client sets an individual Password.
4. When filling out the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
5. During the Registration process, the Client may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box on the registration form. In this case, the Seller clearly informs about the purpose of collection of the Client's personal data, as well as about known or anticipated recipients of these data.
6. Expressing the Client's consent to the processing of his/her personal data for marketing purposes does not condition the conclusion of the agreement with the Seller for electronic provision of the service of maintaining the Client's Account. Consent can be withdrawn at any time, by submitting an appropriate statement of the Client to the Seller. The declaration can be for example sent to the address of the Seller via e-mail.
7. After submitting a completed registration form, the Client receives immediately, by email to the email address provided in the registration form, confirmation of Registration by the Seller. At this moment the agreement on provision of electronic services of running a Customer Account is concluded, and the Customer has the ability to access the Customer Account and make changes to the data provided during the Registration.
§ 4 Orders
1. Information contained on the Store's website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers for the conclusion of a sales contract.
2. The customer may place orders at the Online Store via the Store's website or by e-mail 7 days a week, 24 hours a day.
3. The Customer may place orders at the Online Store by telephone during the hours and on dates indicated on the Store's Website.
4. The Client placing an order via the Store's website completes the order by selecting the Goods he or she is interested in. The Goods shall be added to the order by selecting the "Add to basket" command under the given Goods presented on the Store's Website. After completing the whole order and indicating in the "CART" the delivery method and the form of payment, the Client places the order by sending an order form to the Seller, selecting the "BUY AND PAY" button on the Store's website. Each time before sending the order to the Seller, the Client is informed about the total price for the chosen Goods and Delivery, as well as about all additional costs he is obliged to incur in connection with the Sales Agreement.
5. The Client placing an order by phone, uses for this purpose the phone number provided by the Seller at the Store's Website. During the telephone conversation, the Client indicates to the Seller the name of the Goods from among the Goods displayed on the Store's Website, the quantity of the Goods that he or she would like to order, and specifies the method and address of delivery and method of payment, as well as indicates, at his or her choice, his or her e-mail address or correspondence address for the purpose of confirmation by the Seller of the content of the proposed agreement and confirmation of the order - if there is a contract of sale between the Client and the Seller. Each time during a phone call, the Seller shall inform the Client about the total price of selected Goods and the total cost of the selected delivery method, as well as about all additional costs that the Client would be obliged to incur if there was a Contract of Sale.
6. After concluding the Sales Agreement by phone, the Seller shall send, on a durable carrier, to the e-mail or postal address given by the Client, information containing confirmation of the terms of the Sales Agreement. The confirmation includes, in particular: specification of the Goods being the subject of the Sales Agreement, its price, delivery cost and information about any other costs that the Client is obliged to incur in connection with the Sales Agreement.
7. A Client who places an order via e-mail, sends it to an e-mail address provided by the Seller on the Store's Website. In the message sent to the Seller, the Client shall specify in particular: the name of the Goods, their color and quantity, among the Goods presented on the Store's Website, as well as his or her contact details.
8. After receiving from the Client via e-mail message referred to in § 4 passage 7, the Seller sends to the Client a return message via e-mail, specifying its registration data, price of selected Goods and possible forms of payment and method of Delivery, together with its costs, as well as information about all additional payments to be incurred by the Client on account of the Sales Agreement. The message also contains information for the Client that conclusion of the Sales Agreement by him via e-mail entails an obligation to pay for the ordered Goods. On the basis of information provided by the Seller, the Client can place an order by sending an e-mail message to the Seller indicating the chosen form of payment and method of delivery.
9. Placing an order is a submission of an offer by the Client to the Seller to conclude a contract of sale of the Goods subject to the order.
10. After placing an order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
11. Then, after confirming the order placement, the Seller sends to the e-mail address provided by the Customer information about accepting the order for processing. Information about acceptance of an order for processing is a statement of the Seller that he accepts the offer referred to in § 4.9 above and upon its receipt by the Customer the Sales Agreement is concluded.
12. After concluding a Sales Agreement, the Seller confirms its terms and conditions to the Customer by sending them on a durable medium to the e-mail address of the Customer or in writing to the address specified by the Customer during the Registration or order placement.
§ 5 Payments
1. Prices on the Store's website placed next to the given Goods are gross prices and do not include information about delivery costs and any other costs that the Customer shall be obliged to incur in connection with the sales contract, of which the Customer shall be informed while choosing the delivery method, choosing the payment method and placing the order.
2. The Customer may choose the following methods of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order and after the funds have been credited to the Seller's bank account);
b) bank transfer through an external payment system DotPay, operated by Dotpay Sp. z o.o. Wielicka 28 b, 30-552 Kraków (in this case, order processing will begin after the Seller has sent the Client a confirmation of order acceptance and after the Seller has received information from Dotpay that the payment has been made by the Client);
c) cash on delivery, payment to the Supplier at the time of delivery (in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the order);
3. The Customer is each time informed by the Seller on the Store's Website about the date by which he is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.
4. In case of the Customer's failure to make the payment within the time limit referred to in § 5.3 of the Terms and Conditions, the Seller shall set an additional time limit for the payment and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this period, the Seller shall withdraw from the Sales Agreement. In case of ineffective expiry of the second deadline for payment, the Seller shall send to the Customer, on a durable carrier, a statement of withdrawal from the contract on the basis of Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller shall carry out Deliveries in the territory of the Republic of Poland.
2. The Seller shall be obliged to deliver the Goods being the subject matter of the Sales Contract without defects.
3. The Seller publishes on the Store's Website information about the number of working days needed for the delivery and order completion.
4. Delivery and order processing time indicated on the Store's Website is counted in working days in accordance with §5(2) of the Terms and Conditions.
5. The delivery and order completion time indicated on the Store's Website is counted in working days from the day on which the Sales Agreement is concluded if the Customer chooses the "cash on delivery" payment option.
6. The ordered Goods are delivered to the Customer by the Supplier to the address indicated in the order form.
If InPost Paczkomaty Sp. z o.o. with its registered office in Cracow is chosen as the Delivery address, the delivery address will be the address of the parcel machine chosen by the Customer when placing the order.
7. On the day of dispatch of the Goods to the Client, information confirming dispatch by the Seller is sent to the Client's e-mail address.
8. The Customer shall be obliged to examine the delivered parcel at the time and in the manner customary for parcels of a given type. In case of any defect or damage of the parcel, the Customer shall be entitled to demand from the Supplier's employee to write an appropriate protocol.
9. The Seller, in accordance with the Client's will, attaches VAT invoice covering the delivered Goods, or sends proof of purchase to the e-mail address specified by the Client in the order form.
10. In case of absence of the Client at the address provided by the Client when placing the order as the Delivery address, an employee of the Supplier will leave an advice note or will attempt to contact the Client by phone in order to establish the date on which the Client will be present. In case the ordered Goods are sent back to the Online Shop by the Supplier, the Seller shall contact the Client via e-mail or telephone, setting again with the Client the date and cost of Delivery.
§ 7 Warranty
1. The Seller guarantees delivery of Goods free from physical and legal defects. The Seller shall be liable to the Client if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, Customer may:
a) make a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Client will replace the defective Goods with Goods free from defects or will remove the defect.
a. This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. The Client may, instead of eliminating defects suggested by the Seller, demand exchange of the Goods for goods free from defects or, instead of exchange of the Goods, demand remove the defect, unless bringing the goods into conformity with the agreement in the way selected by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect, as well as inconvenience to which the Client would be exposed by another way of satisfaction shall be taken into account.
b) demand to replace the defective Goods with Goods free from defects or remove the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client.
a. The Seller may refuse to satisfy the Client's request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Client is impossible or, compared with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who exercises the rights under warranty is obliged to deliver the defective item to the address specified below. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller. Complained Goods should be delivered or sent to the address: GRUPA ANIMUS-X Mariusz Oliwa, ul Zamkowa 1, 49-300 Brzeg.
5. Any complaints related to the Goods or the performance of the Sales Agreement, the Customer may submit in writing to the address: GRUPA ANIMUS-X Mariusz Oliwa, 1 Zamkowa Street, 49-300 Brzeg .
6. The Seller shall, within 14 days from the date of the request containing the complaint, respond to the complaint of the Goods or complaint related to execution of the Sales Agreement, reported by the Client.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address email@example.com. In the complaint, the Customer should include a description of the problem. The Seller immediately, but no later than within 14 days, considers the complaint and provides the Customer with an answer.
8. The Seller does not use out-of-court dispute resolution as referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 8 Withdrawal from the Sales Agreement
1. Customer who is a Consumer who has concluded a Sales Agreement, may withdraw from it within 30 days without giving any reason.
2. The deadline for withdrawal from the Sales Agreement shall start at the moment of taking possession of the Goods by the Consumer.
The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted, for example, in writing to the address: GRUPA ANIMUS-X Mariusz Oliwa, ul Zamkowa 1, 49-300 Brzeg or by e-mail to the address of the Seller. The declaration can be made on a form, a sample of which has been placed by the Seller on the website of the Store at the address: Withdrawal Form. Sending the declaration before its expiry is sufficient to meet the deadline.
3. In the case of withdrawal from the Sales Agreement, it is considered not concluded.
4. If the Consumer has made a statement of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of delivery of the Goods to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of evidence of having sent back the Goods, depending on which event occurs first.
6. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.
7. The Consumer shall be obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the address indicated below, before the expiry of this period.
Returned Goods should be delivered or sent to the address GRUPA ANIMUS-X Mariusz Oliwa, 1 Zamkowa Street, 49-300 Brzeg.
8. In case of cancellation, the Customer who is a Consumer shall bear only direct costs of returning the Goods.
9. If due to its nature the Goods cannot be returned in the usual way by post, the Seller shall inform the Consumer about the costs of returning the item on the Shop's Website.
10. The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment used by the Consumer unless the Consumer has expressly agreed to a different method of refund that does not involve any costs to the Consumer.
12. The right of withdrawal from the Sales Agreement does not apply to the Customer who is a Consumer in relation to the agreements in which the Goods are perishable or have a short shelf life.
13. The right of withdrawal from the Sales Agreement does not apply to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging was opened after delivery.
§ 9 Free of charge services
1. The Seller provides to the Customers, by electronic means, free of charge services:
b) Maintenance of Customer Account;
2. The services indicated in §9 section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to selected listed services, about which it will inform the Clients in a manner appropriate for the change of the Regulations.
4. The Newsletter service shall be available for each Customer who enters his/her e-mail address, using for this purpose the registration form made available by the Seller on the Shop website. After submitting a filled in registration form, the Customer shall immediately receive, by electronic mail to the electronic mail address indicated in the registration form, a link confirming signing up for the Newsletter subscription service and an agreement on Newsletter service provision by electronic means shall be concluded.
The Customer may additionally during the Registration process check the appropriate box in the Registration form in order to subscribe to the Newsletter service.
5. Newsletter service consists in sending by the Seller, to the e-mail address, an electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Clients who subscribed to it.
6. Each Newsletter addressed to the Customer's data 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 resignation from the Newsletter free of charge service.
7. The Customer may at any time resign from receiving the Newsletter by unsubscribing from it via a link contained in each electronic message sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
8. The Customer Account service is available after registration according to the rules described in the Rules and Regulations and consists in making available to the Customer a dedicated panel on the Store's website, allowing the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
9. A Client who has made the Registration may submit a request to remove the Client's Account to the Seller, and in the case of a request to remove the Client's Account by the Seller, it may be removed up to 14 days after the request.
10. Posting opinions service consists in enabling the Seller, the Clients having a Client Account to publish on the Store's website individual and subjective statements of the Client concerning in particular the Goods.
11. Cancellation of the service posting is possible at any time and consists in the cessation of posting of content by the Customer on the Store's Website.
12. The free of charge discussion forum service on the Store's Websites consists in enabling Customers by the Seller to publish individual and subjective statements by the Customer.
13. Resignation from the free of charge Discussion Forum service on the Store's Websites is possible at any time and consists in the discontinuation of posting content by the Customer on the relevant Store's Websites.
14. The Seller is entitled to block access to the Client's Account and free services, if the Client acts to the detriment of the Seller, i.e. If the Client acts to the detriment of other Clients, the Client violates the law or the provisions of the Terms and Conditions, as well as when blocking access to the Client's Account and free services is justified by security reasons - in particular, the Client breaks the security of the Store's Website or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to a Customer Account and free services. The Seller shall notify the Client about blocking access to the Client's Account and free services by e-mail to the address provided by the Client in the registration form.
§ 10 Reporting a threat or violation of rights
1. If a Customer or any other person or entity considers that the content published on the Store's Website violates their rights, personal interests, decency, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or under an obligation, may notify the Seller of the potential violation.
2. Seller notified of a potential violation, takes immediate action to remove from the Store Website, the content causing the violation.
§ 11 Ochrona danych osobowych
§ 12 Rozwiązanie umowy (nie dotyczy Umów sprzedaży)
1. Both the Client and the Seller may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above agreement and the provisions below.
2. A Client who has made the Registration terminates the agreement for provision of services by electronic means, by sending to the Seller an appropriate statement of intent, using any means of remote communication, allowing the Seller to get acquainted with the Client's statement of intent.
3. The Seller terminates the agreement for the provision of services by electronic means by sending an appropriate statement of intent to the Client at the e-mail address provided by the Client during Registration.
§ 13 Final provisions
1. The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of losses actually incurred by the Client who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving to a medium or downloading at any time from the Store's Website.
3. In the event of a dispute arising under a Sales Agreement, the parties will seek to resolve the matter amicably. Polish law shall govern the resolution of any disputes arising under these Terms and Conditions.
4. The Seller informs the Customer who is a Consumer about the possibility to use out-of-court complaint handling and claim investigation procedures. Rules of access to these procedures are available at the offices or websites of entities authorized to out-of-court dispute resolution. They may be in particular consumer ombudsmen or Provincial Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available.
5. The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are implemented on the basis of the Terms and Conditions, which were in force on the date of placing the order by the Customer. The change of the Terms and Conditions comes into force within 7 days from the date of publication on the Store's website. The Seller will inform the Customer 7 days before the new Terms and Conditions come into force, about the change of the Terms and Conditions, through a message sent via e-mail, containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller about it, which results in termination of the contract in accordance with the provisions of §13 of the Terms and Conditions.
6. The bylaws shall be effective as of 01/02/2019.