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Regulation of the Online Store

Regulation of the IdeFly online Store

determining the rules of concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the Consumer's rights

Provisions concerning the privileged Entrepreneur apply to contracts concluded from 1st of January 2021

TABLE OF CONTENTS

1 Definitions
2 Contact with the Seller
3 Technical Requirements
4 Purchases in the Store
5 Payments
6 Execution of an Order
7 The Right of Withdrawal
8 Exceptions to the Right of Withdrawal
9 Complaints
10 Personal Data
11 Reservations

Annex no. 1: Model withdrawal form

§ 1 DEFINITIONS

Working Days – days from Monday to Friday with the exception of public holidays.

Consumer – a consumer within the meaning of Civil Code

Account – A free of charge Store function regulated by separate provisions (service provided electronically ), due to which a Buyer can set up an individual account in the Store

Buyer – any entity buying in the Store.

Privileged Buyer – Privileged Consumer of Privileged Entrepreneur

Privileged Entrepreneur –a natural person concluding an agreement directly related to his business activity, but not having a professional character for him with the Seller (the definition applies to contracts concluded from 1 January 2021)

Regulations – present Regulation.

Store –the IdeFly online store run by the Seller at https://idefly.eu.

Seller – an entrepreneur running a company under the name FLY-IDE GRAŻYNA RADCZYC-DOJLIDO, entered into the Polish Central Register and Information on Economic Activity kept by the Polish Minister responsible for economy and keeping the Central Register and Information on Economic Activity, Tax Identification Number (NIP) 8992205292, REGON number 932705650, Krakowska Street 180, 52-015 Wrocław, Poland.

§ 2 CONTACT WITH THE SELLER

Address: Krakowska 180 street, 52-015 Wrocław, Poland
E-mail address : biuro@ide-fly.net
Phone number: +48 698193120

§ 3 TECHNICAL REQUIREMENTS

For the proper work of the Store those below are needed:

a device with an internet access
a web browser supporting JavaScript and cookies

To place an order in the Store, apart from the requirements specified in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

The prices of goods shown in the Store are the total prices for the goods.
The Seller points out that the total order price consists of the price of the goods indicated in the Store and, if applicable, the delivery costs of the goods.
The goods chosen to be purchased shall be added to the basket in the Store.
The Buyer then chooses the method of delivery and method of payment for the order from those available within the Store and provides the necessary data to complete the order.
An order is placed when the Buyer confirms its content and accepts the Terms and Conditions of the Store
Placing an order is equivalent to concluding a sales agreement between the Buyer and the Seller
The Seller shall provide the privileged Buyer with a confirmation of conclusion of the sales agreement on durable medium no later than the time of delivery of goods.
The Buyer may register in the Store, i.e. create an Account therein, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

For a placed order it is possible to pay using methods below, depended of the Buyer’s choice:

by a regular transfer on the Seller’s bank account;
By card payment of the following brands:

Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro

through following payment platforms :

Płatności Shoper
PayPal
Przelewy24

on delivery, i.e. by card or cash on delivery of the goods to the Buyer;
by card or cash upon personal collection of the goods.

If payment via the Shoper payment platform is chosen, the entity providing online payment service is Blue Media S.A.
If the Buyer chooses to pay in advance, the order must be paid for within 7 working days of placing the order.
Seller informs that in the case of some payment methods, due to their specificity, paying for the order using this method is only possible immediately after placing the order.
By making purchases from the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 IMPLEMENTATION OF THE ORDER

The Seller is obliged to deliver goods without defects.
The order completion time is indicated in the Store.
If the Buyer has chosen to pay in advance for the order, the Seller shall proceed to carry out the order after it has been paid.
In the situation when within one order the Buyer has purchased goods with different delivery dates, the order will be completed within the period relevant to the goods with the longest delivery time.
Countries to which the delivery is carried out :

Poland
Czech Republic
Germany
Italy
Spain
England
Austria
Belgium
Bulgaria
Croatia
Cyprus
Denmark
Estonia
Finland
France
Greece
Spain
Netherlands
Ireland
Lithuania
Luxembourg
Portugal
Romania
Slovakia
Slovenia
Sweden
Hungary
Latvia

Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:

By courier company
To InPost parcel machines

The Buyer may collect the goods in person at the company's registered office during its opening hours.
If the Buyer chooses to collect the goods in person, the goods will be ready for collection on the indicated order completion date, and if the Seller has indicated a date of sending the goods - on that date.

§ 7 RIGHT OF WITHDRAWAL

The privileged Buyer has the right to withdraw from the concluded contract with the Seller through the Store, without prejudice to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day:

on which the Privileged Buyer acquires possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer acquires possession of the goods;
on which the Privileged Buyer has acquired possession of the last item, or on which a third party other than the carrier and indicated by the Privileged Buyer has acquired possession of the last item in the case of a contract provided for transfer of ownership of multiple items which were delivered separately;
of the conclusion of the contract, in case of a contract for the supply of digital content.

In order for the Privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by email).
A privileged Buyer may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.
To meet the withdrawal deadline it is sufficient for the priority Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF WITHDRAWING FROM A CONTRACT

In the case of withdrawal from the concluded contract the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the chosen method of delivery by the privileged Buyer which was other than the cheapest ordinary method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the decision of the privileged Buyer to exercise his right of withdrawal.
The Seller shall refund the payment using the same means of payment as were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees otherwise, in which case the privileged Buyer shall not incur any fees in connection with such refund.
The Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of return, whichever event occurs first.
The Seller asks to return the goods to the address: Krakowska 180 street, 52-015 Wrocław, Poland immediately, and in any case not later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the expiry of the 14-day period.
The privileged Buyer shall bear the direct costs of returning the goods.
The privileged Buyer shall only be liable for any diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish its nature, characteristics and functioning of the goods.
If the goods, due to their nature, cannot be sent back in the usual way by post, the privileged Buyer shall also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
If a refund is required for a transaction made by a Privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL

The right of withdrawal from a distance contract referred to in § 7 of the Regulations shall not apply to the contract:

in which the object of performance is a non-prefabricated item produced according to the specifications of a privileged Buyer or serving to satisfy his individual needs;
in which the object of the performance is a thing which can deteriorate quickly or has a short period of usefulness;
in which the subject matter of the performance is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things;
in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
in which the price or remuneration depends on fluctuations in the financial market which are not under the Seller's control and which may occur before the end of the withdrawal period;
for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the express consent of the Buyer prior to the expiry of the withdrawal period and after the Seller has informed the Buzer of the loss of the right to withdraw from the contract

§ 9 COMPLAINTS

In the event of a defect in the goods, the Buyer shall have the right to claim the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted.
Using the warranty, the Buyer may, on the terms and within the time limits specified in the Polish Civil Code - subject to the provisions of § 11, sections 6 and 7 of the Regulations:

declare a reduction in price,
in the case of a material defect, make a declaration of withdrawal from the contract,
demand to replace the item with a defect-free item,
demand removal of defects.

The Seller asks for submitting the complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
If it turns out that in order to consider the complaint it is necessary to deliver the faulty goods to the Seller, the Buyer is obliged to deliver the goods, in case of a privileged Buyer - at the expense of the Seller, to the address Krakowska 180 street , 52-015 Wrocław, Poland.
If a guarantee is additionally granted for the goods, information about it and its conditions is available in the product description in the Store.
Complaints regarding the functioning of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
A complaint will be considered by the Seller within 14 days.

EXTRAJUDICIAL COMPLAINT AND REDRESS PROCEDURES

In the event that the complaint procedure fails to achieve the result expected by the Consumer, the Consumer may make use of, among other things:

mediation conducted by a competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
the assistance of a permanent consumer arbitration court operating at the Voivodeship Trade Inspection Inspectorate, to which an application for mediation should be submitted. As a rule, proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance from the municipal or district consumer ombudsman;
the ODR Internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

The Seller is the administrator of personal data provided by the Buyer while using the Store. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The basis for processing personal data in this case is

the sales contract or actions taken at the request of the Buyer with a view to concluding it (Article 6(1)(b) of the GDPR),
the Seller's legal obligation relating to accounting (Article 6(1)(c)), and
the Seller's legitimate interest in processing data in order to establish, assert or defend potential claims (Article 6(1)(f) GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
Buyer's data given in connection with purchases in the Store will be processed until the moment when:

the sales agreement between the Buyer and the Seller will cease to be valid;
the Seller ceases to be legally obliged to process the Buyer's data;
there ceases to be a possibility of vindication of claims by the Buyer or the Seller, related to a sales agreement concluded by the Store;
the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was a legitimate interest of the Seller

- whichever is applicable in the case and whichever is the latest.
The buyer shall be entitled to request:

access to his personal data,
rectification,
erasure,
restriction of processing,
to have the data transferred to another controller
as well as the right:
to object at any time to the processing of data on grounds related to the Buyer's particular situation - to the processing of personal data concerning him based on Article 6(1)(f) of the GDPR (i.e. on legitimate interests pursued by the controller).

In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Terms and Conditions.
In case the Buyer considers that his data are processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection

§ 11 RESERVATIONS

It is forbidden for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate sales agreement and requires a separate acceptance of the Rules. The contract is concluded for the time and for the purpose of fulfilling the order.
Contracts concluded on the basis of the Regulations are concluded in the Polish language.
In case of a possible dispute with a Buyer who is not a Priority Buyer, the court of competent jurisdiction shall be the court having jurisdiction over the Seller's registered office.
In case of a possible dispute between a Buyer and a Seller, applicable law is the Polish Law.
Provisions concerning goods and sales agreement shall apply respectively to digital content and agreement on a supply of digital content, unless the Terms and Conditions specify these matters separately.
Any liability of the Seller in relation to the Buyer who is not a privileged Buyer, to the extent permitted by law, shall be limited to the amount of the order placed by the Buyer and up to 1 year from the release of goods.
Any liability of the Seller under warranty in relation to the privileged Entrepreneur is, within the limits permitted by law, limited to the amount of the order placed by the privileged Entrepreneur and to 1 year from the release of goods.

Annex 1 to the Regulation

Below is a model withdrawal form which the Consumer or privileged Buyer may or may not use:

MODEL WITHDRAWAL FORM

(this form must be completed and returned only if you wish to withdraw from the contract)

FLY-IDE GRAŻYNA RADCZYC-DOJLIDO

Krakowska 180, 52-015 Wrocław, Poland

email: biuro@ide-fly.net

- I/We(*) ..................................................................... hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

....................................................................................................................................................................................................................................

- Date of contract(*)/acceptance(*)

..........................................................................................................................

- Name of priviliged Consumer(s)/Entrepreneur(s):

..............................................................................................................................

- Adress of priviliged Consumer(s)/Entrepreneur(s):

..........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................

Signature of consumer(s)/entrepreneur(s)

(only if the form is sent on paper)

Date ............................................