§ 1 GLOSSARY OF TERMS
1) Seller - PIRANIA Internet Fishing Shop, seated in Kraków, at 2/47 Konecznego Street, 31-216 Kraków, Poland, Tax Identification Number (NIP): 9451582641, Business Identification Number (REGON): 122504855
2) Store - the Internet service belonging to the Seller, available at the domain www.pirania-sklep.pl
3) Customer - any entity placing an Order at the Store (Consumer or a person who does not have the status of a Consumer).
4) Consumer - a natural person making a legal transaction with the Seller (sales contract through the Store) not directly related to its business or professional activities (Article. 221 of the Civil Code).
5) Regulations - this document.
6) Goods - movable thing available for sale in the Store
7) Registration - one-time action, consisting of creating an account by the Customer, performed with the use of an administrative panel made available by the Seller on the website of the Store. 8.
8) order - Customer's declaration of will to conclude a contract of sale of Goods at a distance through the Store, specifying at least the type and number of Goods.
9) Customer Account - a set of services and functions available to the Customer after registering and logging into the Store and a set of data and settings of the Customer related to the use of the Store.
10. Transaction - purchase of Goods from the Online Store by the Customer in accordance with the provisions of these Regulations, on the basis of submitted Order;
11. Payment - Customer's cash payment made on account of the Transaction;
§ 2 GENERAL PROVISIONS
1. Regulations defines the principles of the conclusion and performance of a sales contract for Goods located in the Store and the rules of use of the Shop.
2. To conclude a sales contract and to use the Store it is necessary to have the devices that allow access to the Internet, e-mail and web browser resources that allow the display of web pages.
3. Costs arising from the use of the Internet by the Customer, depending on the price list of a telecommunications operator or Internet access provider, which uses the Customer and charge him personally.
4. The Seller may communicate with the Customer, and the Customer with the Seller via e-mail: sklep@pirania-sklep.pl, by telephone at: 517-084-613 (on working days, Monday to Friday, from 8:00 a.m. to 5:00 p.m.) and in writing by postal mail.
5. Any electronic correspondence sent by the Seller is subject to anti-virus protection and is addressed only to a specific Client.
6. Subject of sale are the Goods presented by the Store at the time of placing an Order.
7. Prices presented in the Store are given in Polish zloty and include VAT. Prices do not include shipping costs.
8. Seller makes sales via the Store to all countries in the world.
9. All the Goods presented in the Store are new and free from defects. Pictures of the Goods are examples and are used only for their presentation. Photos and descriptions placed under individual Goods are provided by manufacturers, distributors or come from third parties.
10.The Seller shall have the right to change prices of the Goods, introducing and withdrawing Goods, giving discounts for individual Goods, as well as conducting and cancelling promotions. However, it does not limit in any way the rights acquired by the Clients; i.e. the changes do not concern Orders that have been placed.
11. For promotional sales and sales, a limited number of Goods is intended and execution of Orders follows in the order of receiving orders for these Goods, until the stocks covered by this form of sales are exhausted.
12. In order to be able to fully use all features of the Store, the Customer can register. Registration is one-time, voluntary and is not necessary for placing Orders in the Store. Subsequent Orders are carried out on the basis of Customer logging into the store.
13. It is prohibited for persons using the Store (including Customers) to place in it illegal content
§ 3 PLACING ORDERS
1. The Seller allows you to place Orders by filling out an interactive form on the website of the Store. 2.
2. Placing an Order is a submission of an offer by the Client to the Seller to conclude a contract of sale of the goods, which is the subject of the Order.
3. To place an Order it is necessary to add the selected Goods through the "Cart" function and then follow the further information displayed on the website of the Store.
4. After placing an Order, the Customer receives immediately (within 1 working day) via e-mail a confirmation of placing the Order, containing information about all important conditions of the contract of sale of the Goods.
5. Placing an Order, the Customer receives in the e-mail confirming the Order placement a link, which clicking by the Customer is a necessary condition for the Seller to accept the Order for processing. The result of clicking the above link is displaying information on the Store's website about confirmation of the Order, i.e. acceptance of the Order for processing by the Seller and conclusion of the contract of sale of the Goods in accordance with the Order.
§ 4 PAYMENTS
1. The Seller makes available the following methods of payment for the Goods: a) via regular bank transfer to the account b) via electronic payment systems PayU (provided by PayU S.A. Grunwaldzka 182 60-166 Poznan) c) cash on delivery at the courier's
2. If the Customer chooses transfer payment or electronic payment, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement, determined in accordance with § 3.5 of the Terms and Conditions. After this date, the Seller's offer is not binding.
3. In case of choosing by the Customer to pay cash on delivery, the Customer is obliged to make payment on delivery.
4. In the case of cancellation of the order after the payment to the account of the Seller, the Customer is obliged to proceed in accordance with the right of withdrawal, according to the guidelines described in§7, part "RETURN" of these Regulations.
§ 5 ORDER PROCESSING
1. The condition for the realization of the Order is to provide by the Customer in the interactive form true personal data and contact details (allowing the verification and confirmation of acceptance of the Order for execution).
2. In the event of a possible extension of the delivery time the Customer is immediately informed.
3. The Order processing procedure is launched from the moment of conclusion of the sales agreement, defined in accordance with § 3.5 of the Regulations, but not earlier than from the moment of crediting the payment for the Goods (in the case of a transfer) or authorization of payment by PayU system.
4. Orders are processed exclusively on working days. Orders placed on Saturdays, Sundays and holidays are processed on the first next working day.
5. Goods with different delivery times are delivered when all the Goods are completed.
6. The waiting time for delivery is from 48 hours to 7 days. The waiting time consists of the execution time of the Order (completion of Goods) and expected delivery time.
7. In the case of incorrect or insufficient personal or contact information, the Seller shall make every effort to contact the Customer to confirm the Order. If the Order cannot be confirmed within 3 working days due to the lack of possibility of contact with the Customer, the Seller's offer is not binding.
8. Proof of purchase is a receipt or at the request of the Customer a VAT invoice, which the Customer receives, along with the Goods. The Client authorizes the Seller to issue an invoice without the Client's signature and to send it electronically to the e-mail address provided by the Client, unless the Client notifies the Seller of his intention to receive it in paper form.
9. Place of performance by the Seller is the place of receipt of Goods indicated by the Client in the procedure of placing the Order (delivery address).
10. Receiving the shipment with the Goods delivered by courier, the Client is obliged to check the condition of the shipment. In the case of damage to the consignment, the Seller recommends making out a damage protocol in the presence of the courier and immediately inform the Seller about it. Lack of damage protocol is not equivalent to the expiry of the Consumer's right to make a complaint about damage occurring during delivery, but the protocol is helpful in the complaint procedure. Lack of damage protocol may make it difficult for the Consumer to pursue any claims against the Seller and to determine the person responsible for damage to the consignment. Complaints in the scope of damage occurring during delivery made by Customers who are not Consumers, without the damage protocol attached, will not be considered.
§ 6 ORDER PROCESSING
1. The condition for the implementation of the Order is that the Customer must provide accurate personal data and contact information in the interactive form (allowing for verification and confirmation of acceptance of the Order for execution).
2. In the event of a possible extension of the delivery time the Customer is immediately informed.
3. The Order processing procedure is launched from the moment of conclusion of the sales agreement, defined in accordance with § 3.5 of the Regulations, but not earlier than from the moment of crediting the payment for the Goods (in the case of a transfer) or authorization of payment by PayU system.
4. Orders are processed exclusively on working days. Orders placed on Saturdays, Sundays and holidays are processed on the first next working day.
5. Goods with different delivery times are delivered when all the Goods are completed.
6. The waiting time for delivery is from 48 hours to 7 days. The waiting time consists of the execution time of the Order (completion of Goods) and expected delivery time.
7. In the case of incorrect or insufficient personal or contact information, the Seller shall make every effort to contact the Customer to confirm the Order. If the Order cannot be confirmed within 3 working days due to the lack of possibility of contact with the Customer, the Seller's offer is not binding.
8. Proof of purchase is a receipt or at the request of the Customer a VAT invoice, which the Customer receives, along with the Goods. The Client authorizes the Seller to issue an invoice without the Client's signature and to send it electronically to the e-mail address provided by the Client, unless the Client notifies the Seller of his intention to receive it in paper form.
9. Place of performance by the Seller is the place of receipt of Goods indicated by the Client in the procedure of placing the Order (delivery address).
10. Receiving the shipment with the Goods delivered by courier, the Client is obliged to check the condition of the shipment. In the case of damage to the consignment, the Seller recommends making out a damage protocol in the presence of the courier and immediately inform the Seller about it. Lack of damage protocol is not equivalent to the expiry of the Consumer's right to make a complaint about damage occurring during delivery, but the protocol is helpful in the complaint procedure. Lack of damage protocol may make it difficult for the Consumer to pursue any claims against the Seller and to determine the person responsible for damage to the consignment. Complaints in the scope of damage occurring during delivery made by Customers who are not Consumers, without the damage protocol attached, will not be considered.
§ 7 RETURNS AND COMPLAINTS
1. The Client has the right to withdraw from the Transaction by making an appropriate, unambiguous statement within 14 days from the date of reception of the Goods being the subject of the Transaction (specimen statement of withdrawal from the contract to be downloaded in the "Important information", "Download" tab). In order to meet the above deadline, it shall be sufficient for the statement to be sent by the Client before its lapse. The declaration of withdrawal may, but does not have to be made using the attached downloadable declaration of withdrawal form. The statement may be sent by e-mail to the e-mail address sklep@pirania-sklep.pl. If the Customer decides to send the declaration by mail, it should be addressed to the address: PIRANIA KONECZNEGO 2/47 31-216 KRAKÓW INTERNET STORE (with a note: "RETURN").
2. The Goods that meet the following conditions can be returned: a) the returned goods have not been used; b) the returned goods are packed in original, intact packaging and contain all tags and markings;
3. In exercising the right of withdrawal, the Customer is obliged to return the Goods in an unchanged condition. The Customer is responsible for returning the Goods in a condition that violates this rule. Return of the Goods shall take place immediately, no later than within 14 days from the date of making a declaration of withdrawal from the Transaction. To meet the deadline it is sufficient to send back the Goods before its expiry. The Goods shall be returned by sending the Goods to the address of the Seller, described in passage 1 above. 4.
4. When exercising the right of withdrawal, the Client should also prove that the Transaction has been concluded. It is suggested to send the Goods and proof of concluding the Transaction (preferably the original VAT invoice or receipt), together with a statement of withdrawal from the Transaction.
5. In the case of withdrawal from the Transaction by the Customer, direct costs of returning the Goods to the Seller will be borne by the Customer.
6. The Client can send back the Goods using the delivery method of his choice. However, the parcel must be adequately protected against damage. The Client is responsible for damage or diminution in value of the Goods as a result of inadequate protection of the parcel.
7. Reimbursement of the amount due to the Customer on account of withdrawal from the contract takes place within 14 days from the date of submission by the Client to the Seller of a statement of withdrawal from the Transaction. The Seller may withhold reimbursement until receipt of the Goods.
8. The Client shall receive reimbursement of the amount due to him on the bank account indicated in the statement referred to in paragraph 1.
9. In the case of withdrawal from the contract, the Seller does not accept shipments sent COD at the address of the Store.
10. If the goods do not meet the conditions described in §7.2, the Seller has the right not to consider the return and send the goods back to the address of the Customer. The cost of resending the parcel is covered by the Client.
COMPLAINTS
1. The Seller is obliged to deliver Goods free from defects within the meaning of Article 5561 of the Civil Code. On the terms resulting from the Civil Code on warranty for defects and specified below, the Client has the right to make a complaint.
2. The Client shall make a complaint by sending the Goods complained about to the Seller together with a proof of purchase and filled in legible complaint form, attached in the section "Important information", "Downloads" by mail to the address: PIRANIA KONECZNEGO 2/47 31-216 KRAKÓW INTERNET STORE (with a note: "ADVERTISEMENT").
3. The use of the complaint form is not necessary to lodge a complaint. It is only an example, which, in order to make a complaint, the Customer does not have to use or be guided by it.
4. In submitting a complaint, the Customer should, in particular, specify his/her demands related to the defectiveness of the Goods (the demands available under the warranty are listed in the complaint form).
5. The differences between the appearance of the Goods delivered as part of the Transaction and the photograph on the Site, resulting exclusively from the properties of the devices used by the Client (monitor, display, printer, etc.), in particular the differences in shades, may not be recognized as inconsistency of the Goods with the agreement, charged to the Seller. In the case of finding such differences (if they cause reduction or lack of satisfaction of the Client with the purchase of the Goods), the Seller suggests the Client to use the right of return referred to under "RETURNS", rather than the complaint procedure.
6. The condition of positive consideration of the complaint is that the Client proves that the Transaction was concluded. In order to facilitate the complaint process, it is suggested that the complaint be accompanied by a proof of concluding a Transaction (preferably the original VAT invoice or receipt).
7. The Client exercising the rights under warranty is obliged to deliver defective Goods at the expense of the Seller (subject to further provisions of this paragraph) to the address specified in passage 2 above. Exercising the rights under warranty that justifies charging the Seller with costs of delivery of the Goods takes place only if the complaint is justified. Otherwise, the costs of delivery and resending the Goods shall be charged to the Client. 8.
8. The Seller recommends that the Clients send complained Goods by regular mail (with confirmation of dispatch). The parcel should also be adequately protected against damage. 9.
9. Complained goods should be delivered to the Seller in a complete and clean condition.
10. It is informed that in accordance with applicable law, the Seller is responsible for physical defects of the Goods, which existed at the time of passing to the Customer of the danger or arose from the cause, which was in the Goods at that time. Generally, the following defects are not treated as defects burdening the Seller - damage caused by ordinary, normal wear and tear of the Goods, - mechanical damage to the Goods, - damage caused by improper use of the Goods, in particular bad maintenance or lack of maintenance, soaking, use in a manner inconsistent with intended use, or poor fit. However, it is presumed that a defect or its cause existed at the time when danger passed to the Customer, if the defect has been noticed before the lapse of a year from the date of delivery of the Goods.
11. In view of the protection provided to the Customer on the basis of the warranty institution, the Goods are not additionally covered by the warranty.
12.The complaint shall be considered without delay, no later than within 14 days from the date of filing a complaint. The Seller shall inform the Client about the method of processing the complaint in accordance with the data specified in the complaint notification (e.g. in electronic form via e-mail or by mail).
§ 8 PROTECTION OF PERSONAL DATA AND PRIVACY
1. By placing an Order (in particular by filling out an interactive form), the Client agrees to the processing of personal data provided by him for the purpose of implementation and handling of the contract of sale of Goods by the Seller, who is also the data administrator, in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data.
2.Personal data contained in the database of the Seller are not transferred to entities not involved in the implementation of the contract of sale of goods.
3. The Client, in accordance with the Act on personal data protection has the right to inspect their personal data, the ability to correct and delete them. The Seller provides each Client the right to control data processing in accordance with Article 32 of the Act on Personal Data Protection.
4. Providing personal data is voluntary, however, lack of consent to the processing of personal data prevents the implementation of the Transaction.
5. Detailed information on personal data and privacy protection are contained in the "Privacy Policy" tab on the Store's website.