RULES OF THE INTERNET SERVICE
fantour.eu
§1. GENERAL PROVISIONS
1. This Regulation applies to services provided by the Administrator through the www.fantour.eu website.
2. Definitions:
a) Service – The www.fantour.eu website operated by the Administrator, through which he provides services specified in this Regulation;
b) Administrator – Sebastian Wiewiórka conducting business activity under the name “FanTOUR Travel Agency Sebastian Wiewiórka” with its main office at ul. Ogrodowa 12/4, 81-759 Sopot, registered in the Central Register and Information on Economic Activity, NIP: 5782463709, REGON: 367874571, e-mail: fantour@fantour.eu, phone: +48 605 24 24 20.
c) User – a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity, a natural person conducting business activity, a legal entity or an organizational unit without legal personality, who uses services provided electronically by the Administrator;
d) Agreement – Agreement for the provision of services by the Administrator through the Service – concluded between the Administrator and the User, for an indefinite period, in Polish, under the conditions specified in the Regulations;
e) Regulations – this Regulation, referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (consolidated text Dz. U. of 2019, item 123 as amended) – specifying the rules for using the Service.
f) Newsletter – an electronic service provided by the Administrator, allowing interested Users to automatically receive the most important information related to the Service at the email address provided,
g) Online store – Seller’s online store available at https://fantour.eu/sklep-2/,
h) Seller – Sebastian Wiewiórka conducting business activity under the name “FanTOUR Travel Agency Sebastian Wiewiórka” with its main office at ul. Ogrodowa 12/4, 81-759 Sopot, registered in the Central Register and Information on Economic Activity, NIP: 5782463709, REGON: 367874571, e-mail: fantour@fantour.eu, phone: +48 605 24 24 20,
i) Buyer – a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity, a natural person conducting business activity, a legal entity or an organizational unit without legal personality, who uses services provided electronically by the Seller,
j) Order Form – available in the Online store form enabling the Buyer to place an Order and fulfill it without the need to create an Account,
k) Order – the Buyer’s declaration of will, constituting an offer to conclude a sales contract of the Product with the Seller,
l) Sales Agreement – a sales agreement of the Product within the meaning of the provisions of the Civil Code of April 23, 1964 (consolidated text Dz.U. of 2019, item 1145), concluded through the Online store in Polish between the Buyer and the Seller,
m) Product – a movable item available in the Online store, which is the subject of the Sales Agreement between the Buyer and the Seller,
n) Special Product – a movable item available in the Online store, which is the subject of the Sales Agreement between the Buyer and the Seller, which due to its individual characteristics (e.g. availability only on individual order) is subject to special selling rules,
o) Promotion – a strictly defined time-limited price discount on selected Products, which are the subject of a Sales Agreement between the Buyer and the Seller,
p) Proof of purchase – a fiscal receipt, VAT invoice or other proof provided to the Buyer along with the Product, confirming the purchase of the Product,
q) Privacy Policy – a document available on the Online store website, specifying the rules related to the processing of personal data by the Seller, and at the same time fulfilling its informational obligation in accordance with the provisions on data protection,
r) Attachment No. 1 – an attachment to the Regulation enabling withdrawal from the Sales Agreement,
3. Services provided by the Administrator within the Service:
a) Providing information and practical advice on organizing holiday trips as part of the Individual Travel Plan service,
b) Combining tourist services into one tourist event as part of the Tailor-made Travel service,
c) Concluding agreements to participate in tourist events offered by the Administrator,
d) Providing ticket purchase forms for flights and buses,
e) Providing accommodation reservation forms,
f) Apartment rental through a reservation form,
g) Providing vehicle rental forms,
h) Contact with foreign tourist entrepreneurs,
i) Newsletter service,
j) Delivering information about tourist destinations in the form of a blog and allowing comments on blog posts via Facebook Comment Plugin,
k) Concluding agreements for the Portrait Your Journey service, under which the User can order the creation of a souvenir image related to a completed trip or vacation,
l) Purchasing products in the online store that is part of the Service.
4. Providing access to other features available on the Service.
5. The Administrator provides his services within the territory of the Republic of Poland.
6. This Regulation is made available free of charge through the https://fantour.eu/ website in a form that allows for downloading, recording, and printing so that it can be easily reviewed.
§2. RULES OF USING THE SERVICE
1. The User is obligated to use the Service in accordance with this Terms of Service, applicable law, principles of social coexistence, and good manners.
2. Every action of the User should be carried out simultaneously with respect for the rights of third parties – especially other Users using the Service.
3. The Administrator is not responsible for the data provided by the User in the forms for purchasing airline tickets, bus tickets, or in accommodation reservation forms.
4. Any attempts to introduce harmful data into the IT system (malicious software including bots, viruses, spyware, worms, etc.) are prohibited.
5. Any content or actions that violate the provisions of this Terms of Service can be reported via email to fantour@fantour.eu.
6. To use the internet service https://fantour.eu/, it is necessary to have a computer or mobile device with internet access and a web browser, as well as a keyboard or other pointing device enabling the correct completion of electronic forms.
§3. TERMS OF SERVICE PROVISION
1. Using the Service is completely voluntary and free of charge for Users – it does not entail any financial obligations. The Administrator reserves the right to expand the offered services with optional paid functionalities/modules.
2. The Administrator takes due care in providing services to ensure that Users of the Service are satisfied.
3. To fully utilize the capabilities of the Service, it is necessary to carefully read and comply with the Terms of Service.
4. A User who violates the provisions of this Terms of Service or the provisions of universally applicable law may be summoned by the Administrator to cease the violations. The summons will be sent via email to the User’s email address provided during registration. If the summon proves to be ineffective and the User continues to violate the provisions of this Terms of Service or universally applicable law, the Administrator reserves the right to delete their Account, which is equivalent to immediate termination of the Agreement for the provision of electronic services.
5. In case of sending spam or using words considered offensive or violating the personal rights of individuals or third parties, the Administrator reserves the right to temporarily or permanently block access to the User’s Account.
6. In case of detecting errors in the operation of the Service, the User has the right to request their removal within an appropriate timeframe, depending on the nature and complexity of the error.
§4. FUNCTIONALITY OF THE SERVICE
1. The basic functions of the Service are:
a) Allowing Users of the Service to create an individual holiday plan consisting of services offered by various entities, with the assistance of the Service Administrator.
b) Allowing the arrangement of a tourist trip as part of the Tailored Journey service using tourist service offers made available by the Administrator,
c) Allowing users to familiarize themselves with the tourist trip offers organized by the Administrator and to enter into a participation agreement.
2. In addition, the Administrator provides the opportunity to rent vehicles, purchase airline tickets, reserve accommodation through provided forms. Additionally, the Administrator provides an online store at https://fantour.eu/sklep-2/ and offers mediation in contracting under the Portrait your trip service, which allows the creation of a souvenir image from the completed trips and vacations.
3. For informational purposes, the Administrator provides entries in the Service within a blog describing various interesting tourist destinations worldwide. Users can leave comments on the Administrator’s blog entries using the Facebook Comment Plugin. To use this functionality of the Service, the User must have a registered account on the social networking site Facebook. After entering a comment on the blog post, the Facebook Comment Plugin will redirect the User to www.facebook.com, requesting them to log in to their Facebook account. After logging in on Facebook.com, the User will be able to add a comment in the Service.
4. Comments represent the subjective opinion of the User, however, they cannot in any way violate the dignity, rights, and personal interests of others or contain expressions commonly considered offensive.
§5. COMPLAINTS
1. If a User believes that the Administrator is not fulfilling services according to the agreed commitments, they can submit a complaint. In such a situation, the User is asked to inform the Administrator about any shortcomings to allow the Administrator to respond to them.
2. Complaints should be directed to the address: ul. Ogrodowa 12/4 81-759 Sopot or via email by sending a message to fantour@fantour.eu.
3. The complaint should include: name and surname, email address, description of the objections raised, and the User’s demands.
4. If the data or information provided in the complaint requires additional details, the Administrator will request the User to provide them before considering the complaint.
5. The Administrator will respond to the complaint within 14 days (not applicable to complaints submitted by non-consumer Users). The response to the complaint is sent only to the email address, unless the User requests to receive the response by mail.
6. Failure to respond by the Administrator within 14 days will result in the complaint being deemed justified (not applicable to complaints submitted by non-consumer Users).
§6. WITHDRAWAL FROM THE AGREEMENT
1. A User who is a consumer within the meaning of art. 22(1) of the Civil Code has the right to withdraw from a distance contract without giving a reason within 14 days from the date of the Agreement for the provision of electronic services.
2. The above entitlement does not apply in the following cases:
a) the performance of services if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the provision began that once the service is completed by the entrepreneur, their right to withdraw from the contract will cease,
b) contracts for services for which the price or remuneration depends on financial market fluctuations over which the entrepreneur has no control and which may occur before the expiration of the withdrawal period,
c) contracts whose subject is a non-prefabricated item produced according to the consumer’s specifications or serving to meet their individual needs,
d) contracts whose subject is an item liable to deteriorate rapidly or have a short shelf life,
e) contracts whose subject is an item delivered in a sealed package that cannot be returned once opened due to health or hygiene protection reasons, if the packaging was opened by the consumer after delivery,
f) specific contracts whose subject is items that, due to their nature, become inseparably mixed with other items after delivery,
g) contracts whose subject is alcoholic beverages, the price of which was agreed upon in the contract for the provision of services and delivery can only take place after 30 days, and their value depends on market fluctuations over which the entrepreneur has no control,
h) contracts where the consumer expressly requested the entrepreneur to come for urgent repair or maintenance. If the entrepreneur also provides additional services beyond those requested by the consumer, or supplies items other than spare parts necessary for the repair or maintenance – the right to withdraw from the contract applies to the consumer in relation to the additional services or items,
i) contracts whose subject is audio or visual recordings or computer programs delivered in a sealed package, if the packaging was opened by the consumer after delivery,
j) delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
k) contracts concluded through public auction,
l) contracts for the provision of services in the scope of accommodation, other than for residential purposes, transport of goods, car rental, catering, leisure services, entertainment events, sports or cultural events, if the agreement specifies the day or period of service provision,
m) contracts for the delivery of digital content not stored on a tangible medium, if the performance of the service began with the consumer’s explicit consent before the expiration of the withdrawal period and after informing by the entrepreneur of the loss of the right to withdraw from the contract.
3. To effectively withdraw from the Agreement, it is sufficient to submit a written statement by email or mail (the declaration form is annexed as Annex No. 2 to these Terms and Conditions) within the statutory 14-day period from the moment of concluding the Agreement or delete their data collected in the Service within 14 days from the date of concluding the Agreement using the appropriate button (field).
§7. COPYRIGHT PROTECTION
1. All photos and other materials (including texts, graphics, logos) posted on the website of the Internet Service https://fantour.eu/ belong to the Administrator or have been used with the consent of third parties who hold the copyrights to them.
2. Copying photos and other graphic materials and using reprinted texts posted on the website of the Internet Service https://fantour.eu/, including sharing them on the Internet without the written consent of the Administrator or another third party who holds the copyrights is prohibited.
3. External entities are also prohibited from downloading photos from the website of the Internet Service https://fantour.eu/ and using them for marketing and commercial purposes.
4. The use of the above-mentioned materials without the written consent of the Administrator or another third party holding the copyrights is illegal and may be the basis for civil and criminal proceedings against the person engaging in such activities.
§8. LICENSE
1. By posting various works in the Service within the meaning of the copyright and related rights act (Journal of Laws of 2017, item 880), (in particular photos/files/graphics/materials) as well as entries/comments/opinions/information/logos (altogether referred to as “contents”), the User grants the Administrator an unlimited, territorial, non-exclusive and free license for an indefinite period to use and dispose of them in whole or in part as necessary for providing services by the Administrator, distributing and promoting the Service, creating derivative works based on them, in the following fields of exploitation in the scope of original sales or copies on which the work or contents is fixed – making available, public performance, exhibition, display, reproduction and broadcasting, as well as public sharing (including on the Internet) of the work in such a way that everyone can access them at a place and time of their choosing.
2. In the event that third parties make claims against the Administrator regarding infringement of rights to works or contents mentioned in paragraph 1 of this section, the User agrees to submit a written declaration of the appropriate content that will release the Administrator from liability in this respect, and also, upon request from the Administrator, return any costs incurred by the Administrator in connection with claims from third parties, especially in case of claims from third parties whose personal data was improperly entered into the Service by the User; this also includes costs incurred by the Administrator in connection with any damages suffered by third parties as a result of the events mentioned above. If legal/administrative proceedings are initiated against the Administrator due to one of the situations mentioned in this paragraph, the User is also obliged to participate in the proceedings and reimburse the Administrator for the costs of the legal proceedings, as well as the costs of legal representation.
3. Works mentioned in paragraph 1 of this section may not violate the rights and freedoms or the image of third parties.
§9. PERSONAL DATA PROTECTION
1. Personal data is processed solely for the purpose of providing services as referred to in this Regulation.
2. Personal data provided by the User and other information that the User has included in the comments through Facebook Comment Plugin are made public within the Service, and therefore, they are accessible to Internet users and may be indexed by search engines.
3. The User’s personal data will not be disclosed to other individuals or institutions for marketing purposes without explicit consent. The User always has access to their data for verification, modification or deletion from the Administrator’s database.
4. Detailed information regarding the protection of personal data can be found in the Privacy Policy document of the website https://fantour.eu/.
§ 10. DISCLAIMER
1. The Administrator shall not be held liable for actions of Users that are inconsistent with the Regulations, nor for Users’ failure to fulfill obligations imposed on them by applicable laws.
2. The Administrator shall not be held liable for any damages caused by Users providing false, outdated, or incomplete personal data.
3. The Administrator shall not be held liable for damages incurred by Users as a result of force majeure in accordance with Polish law.
§ 11. ONLINE STORE
GENERAL PROVISIONS
1. The online store available at the website https://fantour.eu/sklep-2/ is operated by Sebastian Wiewiórek conducting business activity under the name “FanTOUR Travel Agency Sebastian Wiewiórek” with its main office address at: ul. Ogrodowa 12/4, 81-759 Sopot, registered in the Central Register and Information on Economic Activity, NIP: 5782463709, REGON: 367874571, e-mail: fantour@fantour.eu, phone: +48 605 24 24 20.
2. Services provided electronically by the Seller consist of enabling the conclusion of a Sales Agreement by filling in the Order Form, ordering via email or by phone.
3. Before filling out the Form, the Buyer is asked to familiarize themselves with the content of the Regulations and accept it.
4. The online store may organize Promotions for selected Products from the store’s offer. The Seller decides on the rules regarding Promotions, making them publicly available on the website of the online store.
5. Announcements, advertisements of the Seller, price lists and other information about Products, provided on the website of the online store, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code (consolidated text: Journal of Laws of 2019, item 1145).
6. In order to use the online store, a computer with a minimum processor of 200MHz, 64MB RAM, a graphics card supporting resolutions of 800×600 and 256 colors, and a web browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as a keyboard or other pointing device enabling the correct completion of electronic forms, is necessary.
7. The provisions of this Regulation are not intended to exclude or limit any rights of the Buyer who is also a consumer within the meaning of the provisions of the Civil Code (consolidated text: Journal of Laws of 2019, item 1145), granted to them by the absolutely applicable law. In the event of any discrepancies between the provisions of this Regulation and the above-mentioned provisions, the latter shall prevail.
II. ORDERING CONDITIONS
1. The Buyer is obliged to use the online store in accordance with applicable law, social norms and good manners, while respecting personal rights and intellectual property rights of third parties.
2. The online store conducts sales within the territory and outside the borders of the Republic of Poland.
3. The Buyer can choose one of the following ways to place an Order:
a) placing an Order by completing the Order Form available on the store’s website,
b) placing an Order via email,
c) placing an Order by phone,
4. All Products available in the online store are original, brand new (free from defects), and comply with applicable standards and requirements.
5. Orders mentioned in points 3 a), b) of this paragraph can be placed 7 days a week, 24 hours a day.
6. Orders mentioned in point 3 c) of this paragraph can be placed from Monday to Friday from 8:00 to 16:00.
7. In order to successfully place and fulfill an Order as mentioned in point 3 a) of this paragraph, the Buyer is asked to fill out the Order Form available on the store’s website and send it to the online store by clicking the “Send” button. Subsequently, confirmation of the Order placement, payment, and method of item pickup will be agreed with the Buyer via email by sending a message to the email address provided by the Buyer in the Form.
8. In order to successfully place and fulfill an Order as mentioned in point 3 b) of this paragraph, the Buyer is asked to send an email to the address: fantour@fantour.eu, containing the Buyer’s declaration of intent to place an Order.
9. In order to successfully place and fulfill an Order as mentioned in point 3 c) of this paragraph, the Buyer is asked to contact the Seller by phone at: +48 605 24 24 20.
10. Orders placed on weekdays after 16:00, on Saturdays and Sundays, as well as on public holidays, will be processed on the next business day.
11. In the case of Special Products available on individual orders, the Seller may request a 50% advance payment from the Buyer before proceeding with the Order fulfillment.
12. Confirmation of the Order placement and acceptance for fulfillment will be sent to the Buyer by the Seller in the form of an email within 12 hours of the Buyer placing the Order.
13. The Sales Agreement is considered concluded upon the Buyer receiving the email mentioned in point 12 of this paragraph.
14. Orders submitted for fulfillment can be canceled by the Buyer, also a consumer within the meaning of the Civil Code (consolidated text: Journal of Laws of 2019, item 1145), until the Product is shipped.
15. The fulfillment time of the Order (packing the Order and preparing for shipment) is 7 business days. In the case of Special Products made to individual order, the fulfillment time of the Order is individually agreed with the Buyer, but does not exceed 21 business days.
16. The Buyer will be informed of the unavailability of Products, allowing them to agree to an extended fulfillment time or to reject the ordered Product or the entire Order. In the case of Product unavailability, the estimated fulfillment time will be determined individually with the Buyer, with an average of 30 business days.
17. The Seller reserves the right to cancel the Order if the Buyer, despite being requested, does not complete the necessary deficiencies for the successful fulfillment of the Order within 7 days.
III. PAYMENTS
1. Prices stated in the online store are expressed in Polish zlotys and are gross prices, including all components, including VAT and customs duties. However, prices do not include any delivery costs, which are indicated during the Order placement or in emails as mentioned in §2 par. 7 sentence 2 of this Regulation.
2. The total amount of the Order including delivery costs will be communicated to the Buyer before placing the Order, taking into account the above point 1.
3. A proof of purchase (invoice, receipt or VAT invoice) is included with each Order.
4. The Buyer who is not a consumer within the meaning of the Civil Code (consolidated text: Journal of Laws of 2019, item 1145), authorizes the Seller to issue a VAT invoice without the recipient’s signature for the Order fulfillment.
5. The Buyer can choose one of the following payment methods for the ordered Products:
a) cash/card payment upon personal pickup,
b) ordinary or online bank transfer to the Seller’s bank account,
c) payment on delivery.
6. The Buyer chooses the payment method when placing the Order.
7. In the case of the payment method mentioned in point 5 b) of this paragraph, the Products are shipped when 100% of the funds are credited to the Seller’s account.
8. In the case of the payment method mentioned in point 5 b) of this paragraph, if the Buyer does not make the payment within 7 days from the Order confirmation date, the Seller will request the Buyer to make the payment. In case of non-payment of the full amount within the specified deadline, the Seller has the right to cancel the Order, informing the Buyer by email or phone.
9. In the case of choosing the payment method mentioned in point 5 c) of this paragraph, the Products are dispatched immediately, no later than 12 business hours after the confirmation by the Seller of accepting the Order for fulfillment as indicated in part II, point 12 of this paragraph. This does not apply if the product is unavailable at the time of placing the Order.
IV. DELIVERY
1. The Buyer can choose the following ways of receiving the ordered Products:
a) delivery of the Products to the Buyer’s address provided during the Order placement by a courier company,
b) delivery of the Products to the Buyer’s address provided during the Order placement by the Polish Post,
c) collection of the ordered Products at InPost parcel lockers.
2. The Buyer selects the method of delivery when placing the Order.
3. The Buyer bears the delivery costs.
4. Shipping costs are calculated in accordance with the current delivery price list and depend on the weight and size of the shipment. The Buyer is informed about the shipping costs when placing the Order. In the case of shipping outside the country, the cost of shipping is determined individually based on the estimated weight of the package and the destination country.
5. The Seller undertakes to deliver the Products to the Buyer free from defects.
6. The Buyer agrees to accept the sent Product.
V. COMPLAINTS
1. The Seller recommends checking the shipment in the presence of the courier or a Polish Post employee. Failure to check the shipment does not prevent a potential complaint, although conducting such verification will significantly streamline the complaint procedure.
2. If the Buyer finds that the Product has a defect, they are obliged to inform the Seller about it.
3. The complaint should include the Buyer’s details, a description of the Product’s defect, the date of its occurrence, and the Buyer’s request. To facilitate the complaint procedure, the Seller provides Attachment No. 3 – a complaint form on the online store’s website.
4. A proof of purchase or its copy must be attached to the complained Product.
5. The Buyer is obliged to return the complained Product.
6. Complaints should be addressed to: ul. Ogrodowa 12/4 81-759 Sopot or via email by sending an appropriate message to the email address: fantour@fantour.eu.
7. If the information provided in the complaint needs to be supplemented, before considering the complaint, the Seller will ask the complainant to complete it in the specified scope.
8. The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days from the date of submission or supplementation of information by the Buyer. Failure to receive a response from the Seller after the mentioned deadline results in the complaint being deemed justified.
VI. WITHDRAWAL FROM THE AGREEMENT
1. The Buyer, who is a consumer within the meaning of art. 22(1) of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145), has the right to withdraw from a distance contract without giving any reason within 14 days from the day of receiving the Product.
2. The above entitlement does not apply to the Buyer in the following cases:
a) services if the Seller has fully provided the service with the explicit consent of the Buyer, who was informed before the service began that after the service is provided by the Seller, they will lose the right to withdraw from the contract,
b) contracts for services for which the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the expiration of the withdrawal period,
c) contracts for the supply of goods that are not prefabricated and have been manufactured according to the Buyer’s specifications or serve to meet their individual needs, contracts for the supply of goods that are liable to deteriorate rapidly or have a short shelf life,
d) contracts for the supply of sealed goods that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened by the Buyer after delivery,
e) special contracts where the subject of performance is goods that are inseparably mixed with other items after delivery, due to their nature,
f) contracts for the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and whose delivery can take place only after 30 days, and the value of which depends on market fluctuations over which the Seller has no control,
g) contracts where the Buyer has explicitly requested the Seller to come to them for urgent repairs or maintenance. If the Seller provides additional services other than those requested by the Buyer, or supplies items other than spare parts necessary for the repair or maintenance – the right to withdraw from the contract applies to the Buyer with regard to the additional services or items,
h) contracts for the supply of digital content that is not stored on a tangible medium if the performance of the service has begun with the express consent of the Buyer before the expiration of the withdrawal period and after informing them by the Seller about losing the right to withdraw from the contract.
3. To effectively withdraw from the contract, as referred to in point 1 of this paragraph, it is sufficient for the Buyer to submit a written statement by email or post within the statutorily assigned 14-day period from the moment of receiving the shipment. The declaration form is included in Attachment No. 1.
4. When withdrawing from the contract, the Buyer is obliged to return the Product along with the proof of purchase or its copy within 14 days from the date of withdrawal.
5. The Buyer bears the shipping costs of the returned Product.
6. The Buyer is responsible for any decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
7. The Seller guarantees the refund of the Product price and shipping costs to the Buyer promptly, no later than within 14 days.
8. The Seller refunds the payment using the same payment method used by the Buyer, unless the Buyer has expressly agreed to a different refund method that does not incur additional costs for them.
9. If the Buyer has chosen a delivery method other than the cheapest standard offered by the Seller, the Seller is not obliged to refund any additional costs incurred by the Buyer.
10. Returns of Products upon withdrawal from the contract, sent at the expense of the Seller or cash on delivery, will not be accepted.
11. The provisions of this paragraph do not apply to Buyers who are not consumers within the meaning of art. 22(1) of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145), i.e. individuals carrying out legal activities directly related to their own business or professional activity – in their case, the right to withdraw from the sales contract is absolutely excluded.
12. The Buyer may use the withdrawal form, which is Attachment No. 1 to this Regulation, to withdraw from the contract.
§12. FINAL PROVISIONS
1. The Administrator reserves the right to introduce restrictions on the use of the website of the Internet Service caused by technical maintenance, maintenance work, or improvements in its functionality. At the same time, the Administrator undertakes to make every effort to ensure that the mentioned interruptions take place during night hours and last as shortly as possible.
2. The Administrator reserves the right to make changes to the Terms and Conditions. Any changes will be communicated on the website of the Service with appropriate notice. Changes will come into effect no earlier than 5 days after their announcement.
3. Changes made to the Terms and Conditions are not intended to violate any rights acquired by Users prior to the introduction of the changes.
4. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of a User who is a consumer within the meaning of the provisions of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145), available to them under the absolutely binding provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, priority shall be given to the latter.
5. All disputes between the Administrator and Users will be resolved amicably or in the presence of an independent and impartial mediator. The User may turn to the Permanent Consumer Arbitration Court for resolution of the dispute or submit a complaint to the competent Provincial Inspectorate of Trade Inspection.
6. Detailed information, contact details, and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The User may file a complaint, for example, through the EU ODR (online dispute resolution) platform at http://ec.europa.eu/consumers/odr/.
7. In case of inability to amicably resolve the dispute, the competent court to settle the dispute with a User who is a consumer within the meaning of Article 22(1) of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145) is the court competent according to Polish law.
8. In the event of a dispute with a User who is not a consumer, the court of jurisdiction shall be the court competent for the registered office of the Administrator.
9. Matters not regulated by these Terms and Conditions shall be governed by the relevant provisions of Polish law, in particular the provisions of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145), and other applicable regulations.
10. The Terms and Conditions are effective as of September 12, 2019.
ANNEX 1
SALE AGREEMENT WITHDRAWAL FORM
…………………., …………………. r.
…………………………………………
…………………………………………
…………………………………………
Consumer’s name, surname, and address
FanTOUR Sebastian Wiewiórka
ul. Ogrodowa 12/4, 81-759 Sopot
WITHDRAWAL FROM AGREEMENT
I/We (*) hereby inform/inform you (*) about my/our (*) withdrawal from the sale agreement of the following items ………………………………..……
Date of the agreement ………………………………………..……………….
……………………………………
Consumer’s signature(s)
*please choose the appropriate option
ANNEX 2
STATEMENT OF WITHDRAWAL FROM REMOTE AGREEMENT
…………………………, …………………….. r.
…………………………………………
…………………………………………
…………………………………………
Consumer’s name, surname, and address
FanTOUR Sebastian Wiewiórka
ul. Ogrodowa 12/4, 81-759 Sopot
WITHDRAWAL FROM AGREEMENT
I declare that in accordance with article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827) I withdraw from agreement no. … concluded on … concerning the purchase of goods/services* …………………………………………… .
…………………………
Consumer’s signature
*please choose the appropriate option
ANNEX 3
COMPLAINT FORM
………………….., ………………. r.
…………………………………………
…………………………………………
…………………………………………
Consumer’s name, surname, and address
FanTOUR Sebastian Wiewiórka
ul. Ogrodowa 12/4, 81-759 Sopot
PRODUCT COMPLAINT
I hereby inform that the product purchased by me on …… is defective. The defect consists of:
…………………………………………………………………….…………………………………………………
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
The defect was discovered on ……………………….. r.
Therefore, pursuant to the Civil Code of 23 April 1964, I demand:
• exchange of the product for a new one* (art. 561 § 1)
• free repair of the product* (art. 561 § 1)
• reduction of the price of the product by the amount of ……….. (in words: ………) PLN, Please refund the specified amount to the account …………../by postal order to my address* (art. 560 § 1)
• I withdraw from the agreement and request a refund of the price of the product to the account ………….* (art. 560 § 1)
Sincerely
*please choose the appropriate option
