Terms and Conditions of the Online Store "SKLEP Z DESKAMI"

Containing, among others, the rules for concluding sales contracts through the store, providing key information about the Seller, the store, and Consumer rights.

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical Requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order Fulfillment

§ 7 Right of Withdrawal from the Contract

§ 8 Exceptions to the Right of Withdrawal from the Contract

§ 9 Complaints

§ 10 Personal Data

§ 11 Reservations

§ 12 Provisions Regarding Buyers Who Are Not Consumers

Attachment No. 1: Sample Withdrawal Form

§ 1 DEFINITIONS

Business days - Monday to Friday, excluding public holidays.

Account - a free function of the Store (an electronic service) regulated by a separate regulation, which allows the Buyer to create their individual account in the Store.

Consumer - a consumer as defined in the provisions of the Civil Code.

Buyer - any buying party in the Store.

Terms and Conditions - these terms and conditions.

Store - the online store "SKLEP Z DESKAMI" operated by the Seller at the address https://sklepzdeskami.pl. The Store's website, along with prices, constitutes an invitation to submit offers to purchase goods.

Pick-up Point - a point located at ul. Jeżycka 15, 60-864 Poznań.

Seller - Boarders limited liability company, entered into the National Court Register under number 0000208860, Tax Identification Number (NIP) 7810041388, National Business Registry Number (REGON) 630510590, registered office: ul. Białośliwska 19, 60-418 Poznań - Poland, branch: ul. Jeżycka 15, 60-864 Poznań.

Placing an Order - the customer placing an order makes an offer to conclude a contract. The contract is concluded when the Store accepts the order for processing.

§ 2 CONTACT WITH THE SELLER

Mailing Address: ul. Białośliwska 19, 60-418 Poznań (registered office), ul. Jeżycka 15, 60-864 Poznań (point of sale) Email Address: sklep@sklepzdeskami.pl Phone: 694913010

§ 3 TECHNICAL REQUIREMENTS

To ensure the proper functioning of the Store, the following are required: Device with internet access Internet browser supporting JavaScript and cookies. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods, including VAT.
2. The Seller draws attention to the fact that the total price of the order consists of the following items indicated in the Store: the price of the goods and, if applicable, the delivery costs of the goods.
3. The Buyer adds the selected goods to the cart in the Store.
4. Then the Buyer selects from the available options in the Store: the method of delivery of the goods, the payment method for the order, and provides the necessary data to fulfill the placed order.
5. The order is placed when its content is confirmed, and the Buyer accepts the Terms and Conditions.
6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
8. The buyer can register in the Store, i.e., create an account, or make purchases without registration by providing their details with each possible order.
9. The Seller may cancel the Buyer's order without giving a reason.

§ 5 PAYMENTS

For placed orders, payment can be made, depending on the buyer's choice, by:

1. Regular bank transfer to the Seller's bank account.
2. Through a payment platform:
   • Blue Media S.A. (Shoper electronic payment)
   • Paypo sp. z o.o.
3. Cash on delivery, i.e., by card or cash at the time of delivery to the buyer.
4. By credit card:
   • Visa
   • Visa Electron
   • MasterCard
   • MasterCard Electronic
   • Maestro
5. By card or cash at the time of personal pickup of the goods.
6. If the buyer chooses to pay through the PayPo payment platform, PayPo Sp. z o.o. is the entity providing online payment services. If PayPal is chosen as the online payment method, the payment processing service is provided by PayPal (Europe) S.a.r.l. & Cie. Shoper settlements - online payments are conducted by Blue Media S.A. (bluemedia.pl).
7. If the buyer chooses upfront payment, the order must be paid within 3 business days from placing the order. In case the payment is not recorded, the Seller has the right to cancel the order.
8. The Seller informs that for certain payment methods, due to their specificity, payment for the order can only be made immediately after placing the order.
9. By default, fiscal receipts are issued for orders placed in our store. When placing an order, our system generates a Pro Forma invoice, which serves as a commercial offer. It is a document based on which payment for the goods/service is to be made. If you want an invoice with VAT or an invoice for an individual instead of a receipt, please select that option when placing the order.

§ 6 ORDER FULFILLMENT

1. The Seller is obligated to deliver the goods without defects.
2. The order fulfillment period is 2 business days, and it cannot be postponed.
3. In the case of the buyer choosing payment by bank transfer or credit card, the order fulfillment time is counted from the day the Seller's bank account or settlement account is credited.
4. If, within one order, the buyer purchases goods with different fulfillment times, the order will be fulfilled within the timeframe applicable to the goods with the longest time.
5. Your countries where delivery is available for an additional fee:
   • United Kingdom
   • Germany
   • France
   • Austria
   • Czech Republic
   • Slovakia
   • Belgium
   • Netherlands
   • Iceland
   • Spain
   • Portugal
   • Italy
   • Norway
   • Sweden
   • Denmark
   • Lithuania
   • Latvia
   • Estonia
   • Switzerland
6. The goods purchased in the Store are delivered depending on the delivery method chosen by the buyer:
   • Through a courier company within the territory of the Republic of Poland or, for an additional fee, within the countries listed in paragraph 5, sub-paragraph 6.
7. The buyer can personally collect the goods at the Pickup Point during its opening hours. In the case of the buyer choosing personal pickup, the goods will be ready for pickup at the indicated order fulfillment time, or if the Seller specified a shipping date, then within that timeframe.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The consumer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to Section 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires 14 days from the day:
   • On which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods.
   • On which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last of the goods in the case of an agreement relating to multiple goods ordered by the consumer in one order and delivered separately.
3. In order to exercise the right of withdrawal, the consumer must inform the Seller using the contact details provided in Section 2 of the Terms and Conditions, about their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or an email).
4. The consumer may use the withdrawal form template provided at the end of the Terms and Conditions, although it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

1. In the event of withdrawal from the concluded agreement, the Seller shall reimburse all payments received from the consumer, including the costs of delivery (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the consumer's decision to withdraw from the agreement.
2. The reimbursement will be made using the same means of payment as the consumer used for the initial transaction unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of the reimbursement. In the case of payment upon delivery, the refunded amount will be transferred to the bank account indicated by the consumer.
3. If a refund for a transaction made by a customer using a credit card is required, the Seller will refund the amount to the bank account associated with the customer's credit card.
4. The Seller may withhold the reimbursement until the goods are received or until the consumer provides evidence of having sent back the goods, whichever occurs first.
5. The consumer is requested to return the goods to the following address: ul. Jeżycka 15, 60-864 Poznań - Poland, without undue delay and in any event not later than 14 days from the day on which the consumer informed the Seller about the withdrawal from the sales agreement. The deadline is met if the consumer sends back the goods before the period of 14 days has expired.
6. The consumer shall bear the direct costs of returning the goods.
7. The consumer is only liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
8. If, due to its nature, the goods cannot be returned by regular mail, the consumer will also be responsible for the direct costs of returning the goods. The estimated amount of these costs will be provided by the Seller in the product description in the Store or during the order placement.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT 

The right of withdrawal from a distance contract does not apply to the consumer in relation to an agreement:

1. In which the subject of performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs.
2. In which the item has been processed, tampered with, or modified according to the customer's instructions (e.g., lubricating or sharpening a snowboard).
3. In which the subject of performance is an item liable to deteriorate rapidly or with a short shelf life.
4. In which the subject of performance is an item delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons if the packaging has been opened after delivery.
5. In which the subject of performance consists of items that, by their nature, become inseparably mixed with other items after delivery.
6. In which the subject of performance is audio or visual recordings or computer programs delivered in a sealed package if the packaging has been opened after delivery.
7. Concerning the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement.
8. In which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the withdrawal period expires.
9. Concerning the delivery of digital content that is not stored on a tangible medium, if the performance has commenced with the consumer's explicit consent before the withdrawal period expires and after the consumer has been informed by the trader about the loss of the right of withdrawal from the agreement.

§ 9 COMPLAINTS

In case of a defect in the product, the Buyer has the right to make a complaint within two years from the date of product delivery, based on:

• Non-compliance of the product with the agreement (for goods purchased after January 1, 2023) regulated in Article 2 point 4a, Article 43a, and subsequent provisions of the Consumer Rights Act.
• Warranty (for goods purchased before December 31, 2022) regulated in the Civil Code.
• Warranty, if provided.

By invoking non-compliance with the agreement or warranty, the Buyer may:

• Demand the defect to be remedied (repaired).
• Demand the exchange of the product for a defect-free one.
• Provided that the Seller has the right to unilaterally change the request from repair to exchange, and vice versa.

If the remedy of the defect or exchange of the product for a defect-free one proves to be impossible, the Buyer has the right to demand a price reduction or, in the case of a significant defect, to withdraw from the agreement.

The Seller requests that complaints based on warranty/non-compliance with the agreement be submitted to the postal or electronic address indicated in § 2 of the Regulations. If it is necessary to deliver the complained-about product to the Seller for the complaint to be considered, the Buyer is obligated to deliver the product to the Seller's address: ul. Jeżycka 15, 60-864 Poznań, with the cost borne by the Seller in the case of a Consumer.

If an additional warranty has been provided for the product, information about it, as well as its conditions, is available in the product description in the Store.

Complaints regarding the functioning of the Store should be directed to the email address indicated in § 2 of the Regulations.

The Seller will consider the complaint within a period of up to 14 days.

OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS ENFORCEMENT METHODS

If the complaint procedure does not bring the expected results for the Consumer, the Consumer may use, among others:

• Mediation conducted by the relevant regional Office of Competition and Consumer Protection Inspectorate, to which a request for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates is available here: [link].
• Assistance from the relevant permanent consumer arbitration court operating at the regional Office of Competition and Consumer Protection Inspectorate, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: [link].
• Free assistance from the municipal or district consumer ombudsman.
• Online Dispute Resolution (ODR) platform available at: link

§ 10 PERSONAL DATA

The Seller is the administrator of the personal data provided by the Buyer when using the Store. The Buyer's personal data is processed based on the agreement and for its fulfillment, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and the Council. Detailed information regarding the processing of data by the Seller is included in the privacy policy posted in the Store.

§ 11 DISCLAIMER

It is prohibited for the Buyer to provide unlawful content. Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the terms and conditions. The agreement is concluded for the duration and purpose of fulfilling the order. Agreements concluded based on these terms and conditions are executed in the Polish language. None of the provisions of these terms and conditions exclude or limit the rights of the Consumer arising from legal regulations.

§ 12 PROVISIONS REGARDING BUYERS WHO ARE NOT CONSUMERS

The right of withdrawal from a distance contract does not apply to entities other than Consumers. All liability of the Seller towards a Buyer who is not a Consumer is excluded. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the one having jurisdiction over the Seller's registered office. Attachment No. 1 to the Regulations

Below is a template of the withdrawal form from the contract, which the Consumer may, but is not obliged to, use:

§ 6 PERSONAL DATA

1. The Seller is the Administrator of the personal data provided by the Buyer when using the Store.
2. The Buyer's personal data is processed based on the agreement and for its fulfillment, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding the processing of data by the Seller is contained in the privacy policy posted in the Store.

§ 7 DISCLAIMERS

1. It is prohibited for the Buyer to provide unlawful content.
2. The agreement regarding the operation of the Account is concluded in the Polish language.
3. In the event of significant reasons as referred to in paragraph 4, the Seller has the right to change this Account regulation.
4. Significant reasons, as referred to in paragraph 3, include:
   • the need to adapt the Store to the legal provisions applicable to the Store's activities
   • improvement of the security of the provided service
   • change in the functionality of the Account requiring modification of the Account regulation.
5. The Buyer will be informed about the planned change to the Account regulation at least 7 days before the change comes into effect by means of an email sent to the email address assigned to the Account.
6. If the Buyer does not express acceptance for the planned change, they should inform the Seller by sending an appropriate message to the Seller's email address sklep@sklepzdeskami.pl, which will result in the termination of the agreement regarding the operation of the Account upon the entry into force of the planned change or earlier if the Buyer requests it.
7. In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that they accept it, which does not constitute any obstacle to the termination of the agreement in the future.
8. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.
9. None of the provisions of this regulation exclude or limit the Consumer's rights arising from legal provisions.

Newsletter Regulations

§ 1 DEFINITIONS

Newsletter - an electronically provided service, free of charge, through which the Service Recipient can receive electronic messages previously ordered from the Service Provider concerning the Store, including information about offers, promotions, and news in the Store.

Store - online store SKLEP Z DESKAMI - snowboards, trickboards, longboards, skimboards, winter rentals, and service in Poznań operated by the Service Provider at https://sklepzdeskami.pl.

Service Provider - Boarders limited liability company, entered into the National Court Register under number 0000208860, tax identification number (NIP) 7810041388, statistical number (REGON) 630510590, registered office: ul. Białośliwska 19, 60-418 Poznań - Poland, branch: ul. Jeżycka 15, 60-864 Poznań - Poland.

Service Recipient - any entity using the Newsletter service.

§ 2 NEWSLETTER

1. The Service Recipient may voluntarily use the Newsletter service.
2. To use the Newsletter service, it is necessary to have a device with an up-to-date web browser that supports JavaScript and cookies, with access to the Internet and an active email account.
3. Email messages sent as part of this service will be sent to the email address provided by the Service Recipient at the time of subscribing to the Newsletter.
4. In order to conclude an agreement and subscribe to the Newsletter service, the Service Recipient provides their email address in the designated place on the Website in the first step, to which they wish to receive messages sent as part of the Newsletter. Subsequently, the Service Provider will send the Service Recipient a verification email containing a link to confirm the Service Recipient's intention to subscribe to the Newsletter. After the Service Recipient confirms their intention to subscribe to the Newsletter, an agreement for the provision of the service is concluded, and the Service Provider begins to provide it to the Service Recipient.
5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
6. The Service Recipient may unsubscribe from the Newsletter at any time, without stating a reason and incurring any costs, by using the option mentioned in paragraph 5 or by sending a message to the Service Provider's email address: sklep@sklepzdeskami.pl.
7. By using the unsubscribe link in the Newsletter or by sending a request to unsubscribe from the Newsletter, the agreement for the provision of this service will be terminated immediately.

§ 3 COMPLAINTS

1. Complaints regarding the Newsletter should be reported to the Service Provider at the email address: sklep@sklepzdeskami.pl.
2. The Service Provider will address the complaint within 14 days of receiving the complaint notification.

§ 4 PERSONAL DATA

1. The Service Provider is the Administrator of the personal data provided by the Service Recipient when using the Newsletter.
2. The personal data of the Service Recipient is processed based on the agreement and for its fulfillment, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding the processing of data by the Service Provider is contained in the privacy policy posted in the Store.

§ 5 FINAL PROVISIONS

1. The Service Provider reserves the right to change these regulations only for valid reasons. Valid reasons are understood as the necessity to change the regulations due to the modernization of the Newsletter service or a change in legal regulations affecting the provision of the service by the Service Provider.
2. Information about the planned change to the regulations will be sent to the Service Recipient's email address provided at the time of subscribing to the Newsletter at least at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes until they come into effect, it is assumed that they accept them.
4. If the Service Recipient does not accept the planned changes, they should send a notification to the Service Provider's email address: sklep@sklepzdeskami.pl, which will result in the termination of the service agreement upon the implementation of the planned changes.
5. The delivery of unlawful content by the Service Recipient is prohibited.