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Regulations of the Online Store “sklep.passionautica.pl”

I. General provisions

1. The Regulations define the general conditions, rules of using the Online Store and the method of providing electronic services and sales conducted via the Online Store sklep.passionautica.pl.
2. The owner of the online store is PASSIONAUTICA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Grzybowska 61A / 2202 00-844 Warsaw

KRS number : 0000952542, REGON number : 521208757, NIP number : 527-298-88-09.

1. The Regulations are available on the website www.sklep.passionautica.pl, in a way that enables its acquisition, playback and recording of its content by printing or saving at any time.
2. Contact with the Store is possible via e-mail: sklep@passionautica.pl, by phone at +48 606 689 453 and via the contact form available in the Contact tab on the Store’s website.
3. The terms used in these Regulations mean:
   1. Regulations of the Online Store (hereinafter referred to as “Regulations”) – this document contains detailed regulations on the terms and conditions of using the Online Store;
   2. The Online Store (hereinafter referred to as the “Store”) is the website at www.sklep.passionautica.pl
   3. Customer – a natural person, legal person or organizational unit without legal personality, the specific provisions of which grant legal capacity, placing an Order in the Store;
   4. Entrepreneur – a customer who is an entrepreneur within the meaning of art. 43 ¹ of the Civil Code;
   5. Seller – PASSIONAUTICA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Grzybowska 61A / 2202 00-844 Warszawa KRS number: 0000952542, REGON number: 521208757, NIP number: 527-298-88-09.
   6. Registration – a one-time activity consisting in creating an Account by the Customer using the registration form provided by the Seller;
   7. Account – space allocated to the Customer, by means of which the Customer may place Orders via the Online Store;
   8. Goods – goods offered in the Online Store;
   9. Service – a service provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
   10. Working days – days from Monday to Friday, excluding public holidays;
   11. Order – Customer’s declaration of will, aimed at concluding a Sales Agreement, specifying in particular the type and quantity of goods as well as the method of delivery and payment;
   12. Sales contract – concluded as a result of an Order between the Customer and the Seller, a sales contract within the meaning of the Civil Code. Agreements within the Store are concluded in Polish.
   13. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
   14. User – each individual user of the Internet, using the Electronic Services provided in the Online Store;

II. Rules for using the webshop

1. Using the Online Store is possible provided that the Customer meets the minimum technical requirements:
   1. having a computer with access to the Internet, equipped with a web browser (eg Internet Explorer, Firefox or Chrome in the current versions);
   2. having access to an electronic mail box (e-mail);
   3. enabling cookies and Javascript in the web browser ;
2. When using the Online Store, the Customer is obliged in particular to:
   1. use in a way that does not interfere with its functioning;
   2. use of specific software or devices;
   3. use of any content contained in the Online Store only for personal use;
   4. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
3. All rights to the Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Store’s website, as well as to forms and logos belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations.

III. Services

1. Through the Online Store, the Customer is entitled to use the free Services offered by the Seller, consisting of:
   1. viewing information posted in the Online Store.
   2. keeping an Account in the Online Store.
   3. providing an interactive form that allows placing an Order in the Store.
   4. providing the Newsletter service.
   5. providing an interactive form enabling customers to contact the Seller.
   6. posting statements about the Goods in the Store.
2. Indicated in sec. 1 The services are provided by the Seller 7 days a week, 24 hours a day, subject to a failure of the IT system and / or the server on which the Online Store will be placed, which are not the result of the Seller’s deliberate action.
3. The contract concluded between the Customer and the Seller, the subject of which is the provision of services consisting in maintaining an Account in the Store, is concluded for an indefinite period and is terminated when the Customer sends a statement on the removal of the Account.
4. The contract for the provision of a service consisting in the provision of an interactive form that allows customers to place an Order in the Store, is concluded for a definite period of time and terminates when the Order is placed.
5. The contract for the provision of the Newsletter service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the e-mail database or delete the Customer’s data via a link.
6. In the event of a breach of the provisions of these Regulations, the Seller may terminate the contract for the provision of Electronic Services with immediate effect after an unsuccessful call to cease the violations with an appropriate deadline.
7. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by filling in and accepting the registration form, available on one of the tabs or pages of the Store. The condition for completing the Registration is to submit a statement that you have read the Regulations and provide personal data marked as mandatory
   and confirm the completion of the Registration via a link sent to the e-mail address provided by the Customer.
8. The Customer is entitled to periodically receive commercial information from the Seller in the form of e-mails sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, you must provide a valid e-mail address and / or activate the appropriate field in the registration form or the Order form. The customer may at any time withdraw consent to the sending of commercial information. The newsletter is sent by the Seller only to the customer who has subscribed.
9. The customer has the option of posting individual and subjective statements relating to, inter alia, to the Goods or the course of the transaction. By adding statements, the customer declares that he has all rights to this content, in particular copyrights, related rights and industrial property rights.
10. In order to post statements, the Customer may be asked to provide his data, e.g. e-mail address.
11. Statements should be written in a clear and understandable manner, and must not contain illegal content.
12. Statements may not violate applicable law, including the rights of third parties – in particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition.
13. The customer posts statements in the store voluntarily. The posted statements are disseminated on the Store’s websites.
14. By posting the statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as the preparation of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
15. The Store has the right to organize occasional contests and promotions, the terms of which will be announced on the Store’s websites each time.
16. Promotions in the Store cannot be combined, unless the Regulations of a given promotion provide otherwise.

IV. Procedure for concluding a Sales Agreement

1. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93, as amended)
2. The condition for placing an Order is having an active e-mail account.
3. The condition for placing an Order by phone is having an active e-mail account and telephone line.
4. Through the Order form, Orders may be placed 24 hours a day, 7 days a week, and Orders placed by phone or e-mail may be placed on Business Days from 8:00 to 16:00.
5. Placing an Order by the Customer may take place through:
   1. completing the electronic Order form, including the Customer’s data needed to complete the Order, in particular: name and surname, place of residence, e-mail address and telephone number,
   2. use of the Customer’s personal data obtained as a result of prior registration in the Store (purchase using the Customer Account),
   3. placing an Order by phone using the telephone number provided by the Seller on the Store’s website, including the Customer’s data needed to complete the Order, in particular: name and surname, place of residence, e-mail address and telephone number; product id, name of the product, its quantity, form of delivery and method of payment,
   4. placing an Order by sending an e-mail to the e-mail address provided by the Seller on the Store’s website, including the Customer’s data needed to complete the Order, in particular: name and surname, place of residence, e-mail address and telephone number; product id, name of the product and its quantity, form of delivery and method of payment.
6. In order to conclude a Sales Agreement via the Online Store and the Order form available therein, the selection of goods should be made by taking further technical steps based on the messages displayed to the Customer and information available on the website.
7. The selection of the ordered goods by the customer is made by adding them to the basket.
8. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed in a clear and visible manner. The summary of the placed Order will include information on:
   1. description of the subject of the Order, type and quantity of selected goods;
   2. unit and total price of the ordered goods or services including taxes, including delivery costs and additional costs (if any),
   3. how to contact the Seller,
   4. chosen method and date of payment,
   5. selected delivery method,
   6. delivery time,
   7. Customer contact details
   8. invoice data
9. In order to send the Order, it is necessary to accept the content of the Regulations and to confirm that you have read the “Notice of withdrawal from the contract”, provide personal data marked as mandatory and press the “Order and pay” button.
10. Sending the Order by the Customer constitutes an offer to the Seller to conclude a contract for the sale of the Goods being the subject of the Order.
11. After placing the Order, the Customer receives an e-mail confirming the receipt of the Order (along with an individual Order number), containing the final confirmation of all essential elements of the Order.
12. Then the Seller sends to the e-mail address provided by the Customer confirmation of the order (change of the order status from “pending” to “implemented”), which is the Seller’s declaration of acceptance of the offer referred to in point 11 above.
13. Customers placing Orders in the Store by phone or by sending an e-mail in order to place an Order should:
    1. provide by phone or in the content of an e-mail addressed to the Seller the Product code, the name of the Product from among the Goods on the Store’s website and its quantity,
    2. indicate the method of delivery and payment method from among the methods of delivery and payment provided on the Store’s website,
    3. provide the data needed to perform the Order, in particular: name and surname, place of residence, e-mail address and telephone number;
14. Information on the total value of the Order, in the case of an Order by phone, is provided each time orally by the Seller after completing the entire Order and selecting the form of delivery by the Customer and specifying the form of payment, or by informing via e-mail. In the case of customers who are consumers within the meaning of art. 22 ¹ of the Civil Code, the Seller, each time after placing an Order by phone or e-mail, sends the Customer a confirmation of the terms of the placed Order, which will include information on:
    1. description of the subject of the Order, type and quantity of selected goods
    2. unit and total price of the ordered goods or services including taxes, including delivery costs and additional costs (if any),
    3. how to contact the Seller,
    4. chosen method and date of payment,
    5. selected delivery method,
    6. delivery time,
    7. Customer contact details
    8. invoice data
    9. Of the Regulations
    10. instructions on the right to withdraw from the contract along with its sample.
15. The contract is concluded when the Customer sends (in response to the confirmation of the terms of the Order sent by the Seller) an e-mail to the Seller’s e-mail address, in which the Customer: accepts the content of the Order sent and agrees to its implementation and accepts the content of the Regulations and confirms that he has read instruction on withdrawal from the contract.
16. Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Contract for the sale of Goods takes place by sending them to the Customer to the e-mail address provided with the order confirmation and by attaching an invoice and / or a receipt to the shipment containing the Goods.
17. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
18. In the case of a Sales Agreement concluded with an Entrepreneur, the Seller has the right to withdraw from the contract without giving any reason within 10 days from the date of its conclusion. The Entrepreneur is not entitled to any claims against the Seller in this respect.
19. Upon the release of the Products being the subject of the sales contract to the carrier, the benefits and burdens associated with the Products and the risk of their accidental loss or damage are transferred to the Entrepreneur.
20. After receiving the Products, the Entrepreneur is obliged to check their condition. In the event of damage or other objections during the receipt of the Products, a report of objections should be prepared in the presence of the carrier, specifying precisely the number and type of Products and their damage in accordance with the procedure in force at the carrier.
21. The seller provides an instruction manual in English for each product sold.
22. The Seller, under the contract of sale concluded with the Entrepreneur, is not responsible for the actions of the carrier. The Seller is not liable for damages resulting from incorrect data provided by the Customer when placing the Order, caused by incorrectly providing contact details or the delivery address.
23. In relation to Entrepreneurs, the liability under the warranty for defects specified in art. 556 – 576 of the Civil Code is excluded.

V. Delivery

1. The delivery of the Goods is limited to the territory of the European Union and takes place at the address indicated by the Customer as the delivery address when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods:
   1. DHL courier
   2. InPost courier
   3. InPost Paczkomaty24
   4. Individual delivery – delivery organized by PASSIONAUTICA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based on the distance of the place of shipment from the online store using the Google APIs technology
   5. Pickup in person at Grzybowska 61A / 2202 00-844 Warsaw
   6. Foreign shipping (large size) – determined by the “Ask for shipping quote for your region – +48 606 689 453” method. The price visible on the cart, order and order summary page applies only to the purchase cost of the product, the delivery price is determined individually by telephone or e-mail and billed on a separate invoice.
3. Delivery costs will be indicated at the time of placing the Order.
4. The delivery is carried out immediately, no later than within 1-3 business days from the conclusion of the contract.
5. The seller is responsible for defects in goods in accordance with the provisions of the Civil Code, in particular art. 556 and 556 1-5 ^{of the} Civil Code.
6. Upon receipt of the parcel, check the condition and content of the parcel. In the event that the packaging shows signs of damage or opening, or the contents of the shipment are damaged, it should not be accepted and a damage report should be drawn up in the presence of the deliverer.

VI. Prices and payment methods

1. The prices of all goods in the Online Store are net prices. 23% VAT is added on the checkout and order page.
2. The customer can choose the following payment methods:

• Traditional transfer – to the bank account indicated after selecting the payment method. Traditional transfer. The goods are shipped after the amount is credited to the Seller’s account;

• Online transfer (PayU) – a fast form of electronic payment supported by PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, with tax identification number NIP 779-23-08-495

• Payment card – the operator of payment cards is PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, with tax identification number NIP 779-23-08-495

VII. The right to withdraw from the contract

1. Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), a customer who is a consumer or a natural person concluding a contract directly related to its business activity, referred to in art. 38a above the Consumer Rights Act – who has concluded a distance contract may, within fourteen (14) days from the date of receipt of the Product, withdraw from the contract without giving any reason. To meet this deadline, it is enough to send a written statement to the address of the Seller, by registered mail, before the deadline.
2. The customer may formulate the statement on his own or use the template of the declaration of withdrawal from the contract provided by the Seller together with the information attached to the invoice and / or the receipt.
3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a contract for the provision of Services, from the date of its conclusion.
4. The right to withdraw from the contract by the consumer is excluded in the case of:
   1. for an agreement where the subject of the service are Goods that deteriorate quickly or have a short shelf-life;
   2. for an agreement where the subject of the service are Goods delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery;
   3. for a contract where the subject of the service are Goods which after delivery, due to their nature, are inseparably connected with other things;
   4. an agreement concluded through a public auction;
   5. delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
5. In the event of withdrawal from a distance contract, the contract is considered void. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
6. The seller shall immediately, but not later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments received from him.
7. If the consumer has chosen a method of delivering the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the consumer.
8. The consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary in the case of:

• using the item contrary to its intended use specified by the manufacturer,
• the return amount of the used item will be reduced by -30%,
• In the event of failure to deliver the packaging, the refund amount will be reduced by -10%,

9. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear them.

VIII. Complaints about the Goods

1. The Seller is liable to the Customer, including the Customer who is a consumer within the meaning of Art. 22 ¹ of the Civil Code, under the warranty for defects under the terms of art. 556 – 576 of the Civil Code.
2. Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the following e-mail address: sklep@passionautica.pl
3. In order to consider the complaint, the Customer should send or deliver the Goods under complaint, attaching the proof of purchase if possible. The goods must be delivered or sent to the following address: “PASSIONAUTICA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Grzybowska 61A / 2202 00-844 Warsaw.
4. The seller undertakes to consider each complaint within 14 days.
5. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
6. In the case of complaints about goods that are mechanical and / and electronic products, the Goods are sent by the Store directly to the manufacturer or the Customer is informed about the need to ship the Goods directly to the manufacturer, which may extend the waiting time for considering the complaint. The customer will be informed each time about the information received by the store from the manufacturer.

VIII. Complaints regarding the provision of electronic services

1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of Electronic Services offered by the Seller. Complaints may be submitted by e-mail to the following e-mail address: sklep@passionautica.pl
2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
4. The response to the complaint will be sent in the form of electronic correspondence to the Customer’s e-mail address provided in the complaint.

IX. Privacy Policy

1. The Seller may collect information and data provided by Users and Customers voluntarily, including:
   1. entered in the forms (Orders, contact or Account Registration in the Online Store),
   2. data saved on end devices ( cookies ).
2. The seller may also save information about connection parameters, such as IP addresses, for technical purposes related to server administration and to collect general, statistical demographic information or for security purposes.
3. Personal data collected by the Seller are processed in accordance with the provisions of generally applicable law, including in particular the Act of August 29 , 1997 on the Protection of Personal Data ( i.e. Journal of Laws of 2016, item 922) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended ).
4. The data is processed only for the purpose of fulfilling the Customer’s Order, providing electronic services or archiving, and for other purposes specified in the Regulations.
5. The Seller undertakes to make every effort to protect the privacy of Users and the information and data provided to him. For this purpose, it uses technical measures required by law, including physical, programming and organizational measures, ensuring protection of the processed data.
6. Each User and Customer of the Online Store entrusting data has the right to access and correct them. Each User also has the right to ask the Seller to remove them.
7. The Seller may entrust the processing of personal data of Customers and Users to third parties that provide certain services, in particular the delivery of the Order, payment.
8. The Seller entrusts the processing of Customers’ personal data:

• Furgonetka Limited Liability Company Sp. k. with its registered office in Warsaw (registered office and correspondence address: al. Księcia Józefa Poniatowskiego 1, 03-901 Warsaw; entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000694708; registration court where the company’s documentation is kept: District Court for the capital city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register; NIP: 1132567365; REGON: 140220084 (hereinafter: Administrator, Group of Van Services or Service Provider) – the transfer concerns data necessary to complete the order, in particular: name, surname, telephone number and address;
• PayU SA with its seat in Poznań (60-166), at ul. Grunwaldzka 186 – The transfer concerns the data necessary to complete the order, in particular: name, surname, telephone number and address, order number;

X. Final Provisions

1. Any disputes arising between the Seller and the Customer who is a consumer within the meaning of art. 22 ¹ c., Shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure. Disputes between the Seller and the Customer who is not a consumer within the meaning of Art. 22 ¹ of the Civil Code will be settled by the court having jurisdiction over the seat of the Seller.
2. The customer who is a consumer has the option of using extrajudicial means of dealing with complaints and redress. using an amicable consumer court, consumer ombudsman or other public organizations.
3. In matters not covered by the Regulations, the provisions of the Civil Code, the Act on the provision of electronic services, the Act on consumer rights and other generally applicable provisions of law shall apply.
4. In the event of a change in the content of the Regulations, the Seller will inform the Customer who has an Account in the Store about the new content of the Regulations and will make it available in the same form on the Store’s website. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about it within 14 days from the date of notification of the change in the Regulations.
5. In the case of placing subsequent Orders after the amendment and entry into force of the Regulations, the Customer is obliged to read the new content of the Regulations and accept the amended Regulations again. Failure to accept the Regulations results in the inability to conclude a contract.

XII. Instructions on withdrawal from the contract for the provision of services (information on the exercise of the right to withdraw from the contract for the provision of services)

The right to withdraw from the contract for the provision of services

You have the right to withdraw from this contract in accordance with the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended) within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of conclusion of the contract.

To exercise the right to withdraw from the contract, you must inform: PASSIONAUTICA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ Grzybowska 61A / 2202 00-844 Warszawa KRS number: 0000952542, REGON number: 521208757, NIP number: 527-298-88-09 about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).

You can use the model withdrawal form, but it is not obligatory.

To keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Consequences of withdrawal from the contract: In the event of withdrawal from this contract, the Account will be deleted along with all the data provided by you and it will not be possible to use the services provided under the Account.