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Gunfire Internet Store REGULATIONS
These Regulations sets out the general terms, conditions and manner of sales doing business under the name Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa based in Wroclaw, Poland through the online store gunfire.com (hereinafter: "Online Store") and defines the terms and conditions of the free services provided electronically by Infinity Fund Sp. Z O.O. Sp. k. doing business under the name Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa based in Wrocław, Poland
§ 1 Definitions
1. Working days - means weekdays from Monday to Friday excluding public holidays.
2. Delivery - means the physical act of approach to provide the Customer by the Seller, through the Supplier, the Goods specified in the order.
3. Supplier - means an entity with which the Seller operates in carrying out deliveries of Goods:
a) the courier;
b) InPost Paczkomaty Sp. z o.o based in Krakow, providing services and service delivery system mailboxes (Paczkomat);
c) The Polish Post S.A. with its registered office in Warsaw;
d) Ruch S.A. with its registered office in Warsaw, providing services in the context of supply outlets.
4. Password - is a string of letters, digits, or other characters selected by the customer during the Registration in the Internet Store, used to protect access to customer accounts in the Internet Store.
5. Customer - is the entity for which compliance with the Regulations and laws can be provided in order to carry out services which may be concluded electronically or an entity with whom a contract of sale may be concluded.
6. Consumer - means any natural person making the entrepreneur legal action not related directly to his business or professional activity.
7. Customer Account - means an individual panel for each Customer, run on his behalf by the Seller, after the Customer Registration and conclusion of the contract for the service of carrying customer accounts.
8. Login - means the individual identification of the Customer, established by the Customer, consisting of a string of letters, digits, or other characters, required along with the Password to found a Customer Account in the Online Shop. The login is an appropriate e-mail address of the Customer.
9. Entrepreneur - means a natural person, legal person or organizational unit who is not a legal entity, in which the law recognizes the legal capacity, leading in their own name a business or professional activity and making the legal actions directly related to his trade or profession.
10. Regulations - means these terms and conditions.
11. Registration - means the physical act made in the manner as prescribed in the Regulations, required for use by the Customer of the Online Store with all the functionality.
12. Stationary Shop - means a place for customer service at: Gunfire, ul. Tęczowa 25, Wrocław.
13. Seller - Infinity Fund spółka z ograniczoną odpowiedzialnością spółka komandytowa z siedzibą we Wrocławiu przy ul. Jana Długosza 42-46, wpisana do Rejestru Przedsiębiorców prowadzonego przez Sąd Rejonowy dla Wrocławia-Fabrycznej, Wydział VI Gospodarczy Krajowego Rejestru Sądowego pod nr 0000562916, NIP: 8952046284; e-mail: firstname.lastname@example.org, who is also the owner of Shop.
14. Internet Store - means all the websites under which the Seller is leading the Internet Store, operating in the common domain of gunfire.pl
15. Goods - means the product described by the Seller through the Internet Store, which could be subject to the agreement of sale.
16. Durable medium - means a material or tool available to the Customer or the Reseller for storing of information addressed personally to him in a way accessible for future reference by the time appropriate to the purposes of the information is used, allowing to play back the stored information in an unaltered form.
17. Sales Agreement - a contract of sale is concluded at a distance, on the terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Internet Store
1. All rights to the Internet Store, including copyrights, intellectual property rights to its name, the Internet domain, Internet Store, as well as patterns, forms, logos appearing on the Internet Store (except for logos and images presented on the Internet Store for presentation purposes of the goods to which the copyrights belong to third parties) belong to the Seller, and using them can take place only in the manner specified and in accordance with the Rules and after consent of the Seller is expressed in writing.
3. The Seller applies the "cookies" mechanism ensuring that when the Internet Store is used by the Customer, "cookie" files are sent for storage by the Sellers server onto the Customer's terminal's hard disk. The use of "cookies" is to ensure the proper functioning of the Internet Store on the Customer's terminal equipment. This mechanism does not damage the Customer's terminal device, and does not change the configuration of the terminal devices or any software installed on these devices. Every customer can disable the "cookies" in the web browser of their terminal. The Seller indicates however that the exclusion of "cookies" may give rise to difficulties or an inability to access the Internet Store.
4. In order to place an order via the Internet Store and to use the services available on the Internet sites of the Store, the Customer must have an active email account.
5. It is prohibited to the Customer to provide illegal content or use of the Customer Online Store, Internet Store or free services provided by the Seller in a manner contrary to law and morality or that violates personal rights of third parties.
6. The Seller informs that the public nature of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying of Customer data by unauthorized persons, so Customers should apply appropriate technical measures to minimize the risks mentioned above. In particular, they should use anti-virus software as well as software designed to protect their identity while using the Internet. The Seller never asks the Customer to grant him access to the Customer's passwords in any form.
§ 3 Registration
1. To create an account, the Customer shall be obliged to make royalty-free Registration.
2. Registration is not required to place an order in the Internet Store.
3. In order to register, the Customer must complete the registration form provided by the Seller on the Internet Store's website and send the completed registration form electronically to the Seller by choosing appropriate functions contained in the registration form. During the Registration the Customer establishes an individual password.
4. While filling out the registration form, the Customer has the opportunity to become familiar with the Regulations, accepting its contents by marking the appropriate box on the form.
5. After the Customer submits the registration form, he receives immediately by email to the email address provided on the registration form a registration confirmation sent by the Seller. From that moment the contract is concluded for the provision of services in form of electronically conducting Customer Accounts and the Customer obtains access to his Customer Account and the possibility make changes to all the data provided during registration, except for the Login.
§ 4 Order
1. The information contained on the Internet Store of the Seller does not constitute an offer within the meaning of the Civil Code, and only an invitation for the Customers to place offers allowing for a conclusion of the sale.
2. The Customer can place orders in the Internet Store via the Internet Store's website 7 days a week, 24 hours a day.
3. When placing an order through the Internet Store, the Customer completes the order by selecting product(s) they are interested in. Adding Goods to the contract is done by selecting the "ADD TO CART" option under the Goods presented on the Internet Store's website. After the completion of the whole order and identifying the method of delivery and payment method in the "CART" section, the Customer places an order by sending the order form to the Seller, by selecting the "PLACE ODER WITH OBLIGATION TO PAY" option. Before each shipment of the order form to the Seller, the Customer is informed of the total price for the chosen Goods and Delivery, as well as all additional costs that are required to pay in connection with the Contract of sale.
4. Placing an order is a submission of an offer made by the Customer to the Seller to enter into contracts of sale of the Goods covered by the contract.
5. After placing an order, the Seller shall send an email confirmation of its submission to the address provided by the Customer.
6. Then, after confirmation of the order, the Seller shall send to the email address provided by the Customer an acknowledgment of the order for execution. Information about the acceptance of an order is a statement of acceptance of the offer referred to in §4.4 above made by the Seller and the date of its receipt by the Customer is considered the date when the Agreement for the sale is concluded.
7. After the conclusion of the Sales Agreement, the Seller confirms the Customer the terms, sending them on a lasting medium to the email address provided by the Customer, or in writing to the address indicated by the Customer during the registration or ordering process.
§ 5 Payments
1. The prices on the Internet Store included with the price of the Goods are gross and do not include information on delivery costs and any other costs that the Customer will be required to pay in connection with the Contract of sale, of which the Customer will be informed when choosing a method of delivery, and ordering.
2. The customer can choose the following methods of payment for the Goods:
a) bank transfer to the Seller's bank account (in this case, the performance of the contract will be initiated after sending the Customer by the Seller order confirmation and shipment will be effected immediately after receipt of the funds to the Seller's bank account);
b) transfer via an external payment system known as PayPal, supported by PayPal (Europe) S.a rl & Cie, S.C.A. based in Luxembourg (in this case the performance of the contract will be initiated after sending the Customer by the Seller confirmation of the contract and after receipt by the Seller of information from PayPal of payment by the Customer);
c) transfer via an external przelewy24.pl payment system, operated by DialCom24 Sp. z o.o. based in Poznan (in this case the performance of the contract will be initiated after sending the Customer by the Seller confirmation of the contract and upon receipt by the Seller of information from the przelewy24.pl system of payment by the Customer);
d) credit card (Visa, Visa Electron, MasterCard, Maestro, MasterCard Electronic), supported by DialCom24 Sp. z o.o. based in Poznan (in this case the performance of the contract will be initiated after sending the Customer by the Seller the confirmation of order and receiving information about the successful completion of the payment from DialCom24 Sp. z o.o.);
e) the credit card or bank transfer via an external payment system known as DotPay, operated by DotPay S.A. based in Krakow (in this case the performance of the contract will be initiated after sending the Customer by the Seller confirmation of the contract and upon receipt by the Seller of information from the DotPay system of payment conclusion by the Customer);
f) Cash upon collection - Stationary Store payment (in this case, the performance of the contract will be made immediately after sending the Customer by the Seller the confirmation of order, and the Goods will be handed out in the Stationary Store);
g) installment payment system known as "e-Installments by Santander Consumer Bank", supported by the Santander Consumer Bank S.A. based in Wroclaw (in this case, the performance of the contract will be initiated after sending the Customer by the Seller the confirmation of order and receiving from the Santander Consumer Bank S.A. with its registered office in Wrocław full payment for the ordered Goods).
3. The Customer is always informed by the Seller's Internet Store of the time in which he is obliged to make thepayment for ther order in the amount resulting from the sale of the signed Agreement.
4. In the event of lack ofpayment by the Customer in the time specified in §5.3, the Seller shall designate the Customer additional time for payment and notify the Customer at a lasting medium. Information on the additional time for payment shall indicate that after the expiry of that period, the Seller withdraws from the Sales Agreement. In the case of ineffective expiry of the second deadline for payment, the Seller will send to the Customer, with use of a lasting media, a statement of withdrawal from the contract on the basis of Art. 491 of the Civil Code.
§ 6 Delivery
1. The seller realizes Delivery only within the European Union.
2. The seller is obliged to deliver the Goods at issue in the Sales Agreement without flaws.
3. The Seller shall publish on the Internet Store information about the number of Business Days required for delivery and performance of the contract.
4. The time of Delivery and contract fulfillment is indicated on the Internet Store and is calculated in Business Days in accordance with §5.2.
5. The ordered goods are delivered to the Customer via the Supplier at the address indicated in the order form.
If InPost Paczkomaty Sp. z o.o. based in Krakow is chosen as the Supplier, the delivery address for the Supply of goods will be the address of the vending machine (known as Paczkomat) as selected by the Customer at the time of ordering.
If Ruch S.A. with its registered office in Warsaw is chosen as the Supplier, the delivery address for the Supply of goods will be the address of the vendor found under the address as selected by the Customer at the time of ordering.
6. Upon dispatch of the Goods to the Customer (if personal collection of the Goods was not selected) a message confirming the dispatch of Goods will be sent to the email address provided by the Customer by the Seller.
7. The Customer should examine the consignment delivered to him in time and in a manner acceptable to the shipments of that type in the presence of an employee of the Supplier. In case of loss or damage to the shipment, the Customer has the right to require the employee to write down the proper damage protocol as provided by the Supplier.
8. The Customer is entitled to collect the ordered Goods personally. Reception can be done in the Stationary Shop on Business Days, during the opening hours as indicated on the Internet Store's website, after arrangement of the date of collection with the Seller by either email or by phone.
9. The Seller, in accordance with the will of the Customer, shall attach to the Goods being the subject of delivery either a receipt or an invoice covering the delivered goods.
10. In the absence of the Customer at the address indicated by him upon ordering, an employee of the Supplier will either leave a notification or attempt to contact the Customer by telephone in order to determine the date on which the Customer will be present. In the case of a return of the Goods by the Supplier, the Seller will contact the customer by email or phone in order to determine the new time and cost of delivery.
§ 7 Warranty
1. The Seller provides the delivery of Goods free of physical and legal defects. The Seller shall be liable to the Customer if the Goods are delivered with either a physical of legal defect (warranty).
2. If a product has a defect, the Customer can:
a) make a declaration to reduce prices or to terminate the contract of sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product for one free from defects or removes the defect.
This limitation does not apply if the product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange the Goods for ones free of defects or the obligation of removal of defects. The Customer can demand the Seller to replace the Goods for ones free of defects instead of removing the defects, or demand the Seller to remove the defects instead of exchanging the Goods, unless bringing the Goods into conformity with the contract in a manner chosen by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When evaluating these costs, take into account the value of the Goods free from defects, the nature and importance of the defects, and the inconvenience to which the Customer would be subjected should the other way to satisfy the customer be chosen.
b) require the replacement of the defective Goods for Goods free of defects or defect removal. The Seller is obliged to replace the defective product for one free of defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
The seller may refuse the Customer's request if bringing the Goods into conformity with the Sales Agreement in a manner chosen by the Customer is not possible or would require excessive costs in comparison with the other possible way to enforce compliance with the Sales Agreement. The cost of repair or replacement shall be borne by the Seller.
3. The Customer, who shall exercise the powers under warranty, is obliged to provide for defective Goods to be delivered to the Seller's address. In the case of a Customer who is a Consumer the cost of providing is covered by the Seller.
4. The seller shall be liable under the warranty if physical defect is found before the expiry of two years from the date of the delivery of the Goods to the Customer. The claim for the removal of defects or replacement of the Goods to be free from defects expires after a year, but the term can not be completed before the deadline specified in the first sentence. At that time, the Customer may terminate the contract of sale, or to make a statement about the price reduction because of defects in the Goods. If the Customer demanded replacement of the Goods to be free from defects or to remove the defect, the deadline to withdraw from the sales agreement or a statement about reducing the price begins when the deadline to replace the Goods or remove the defect expires ineffectively.
§ 8 Complaints
1. Any complaints relating to the Goods or performance of the Agreement of sale may be made in writing to the address of the Seller.
2. The Seller shall, within 14 days of the receiving of the complaint, shall refer to the complaints on Goods or claims related to the implementation of the Agreement reported by the Customer.
3. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address email@example.com. The Customer's warranty claim must include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider the complaint and grant a response.
§ 9 Guarantee
1. Goods sold by the Seller may be guaranteed by the manufacturer or distributor of the Goods.
2. In the case of Goods covered by the warranty, the information concerning the existence and content of the guarantee is always presented on the Internet Store.
§ 10 Termination of the Sales Agreement
1. The Customer who is a Consumer who has entered into a Sale Agreement may, within 14 days, withdraw from it without giving any reason.
2. The deadline to withdraw from the Sales Agreement starts since taking possession of the Goods by the Customer.
The Customer can terminate the Agreement by submitting a statement of withdrawal to the Seller. The declaration may be made on the form which has been placed by the Seller on the Internet Store's website at: Form of withdrawal. To comply with this deadline is enough to send a statement before its expiry.
The Customer can terminate the Agreement, by submitting a statement of withdrawal to the Seller through the form available on the website at: Electronic form of withdrawal. To comply with this deadline is enough to send a statement before its expiry. The Seller shall immediately confirm receipt of the form submitted to the Customer via the website.
3. In the event of cancellation of the Sale Agreement, the Agreement is considered null and void.
4. If the Customer has made a statement to terminate the contract of sale before the Seller accepted the offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the declaration from the Customer, to terminate the Sales Agreement and refund all payments made by the Customer to the Seller, including the original cost of delivery. The Seller may withhold the refund of payments received from the Customer until the moment of the return of the Goods by the Customer or providing of proof of sending of the Goods, depending on which event occurs first.
6. If the Customer using the right to withdraw has chosen a method of delivery of the Goods other than the usual cheapest manner of supply offered by the Seller, the Seller shall not be required to reimburse the additional costs to the Customer.
7. The Customer is required return the Goods to the Seller immediately, but no later than within 14 days from the date on which the Customer has withdrew from the Sales Agreement. To comply with this deadline simply return the Goods to the address of the Seller before that date.
8. In the event of cancellation the Customer is responsible only for the direct costs of returning the Goods.
9. If, due to its nature, the Goods can not normally be returned by mail, the Seller shall notify the Customer of the cost of returning the goods on the Internet Store's website.
10. The Customer is responsible for the reduction in the value of the Goods as a result of using it in a way that goes beyond a necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment which was used the customer, unless the Customer has expressly agreed to a different way of return, which does not incur any costs on the Customer.
§ 11 free services
1. The Seller provides to Customers the following electronical services free of charge:
b) Recommend to a friend;
c) Keeping the Customer Accounts.
2. Services specified in § 11 paragraph. 1 above are provided seven days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to certain specified services, of which he will inform Customers in a manner appropriate to amendments of Regulations.
4. Any customer who enters his email address, using the registration form provided by the Seller on the Internet Store's website, is entitled to receive a Newsletter. Once the Customer submits a completed registration form, the Customer shall promptly, by email to the email address provided on the registration form, receive a confirmation sent by the Seller. From that moment the contract is concluded for the provision of electronic news service (Newsletter).
5. The Newsletter service consists of sending by the Seller, on the email address provided by the Customer, of electronic message containing information about new products or services offered by the Seller. Newsletter is sent by the Seller to all Customers who have subscribed to the service.
6. Each Newsletter directed to the Customer includes, in particular, information about the sender, a filled in "Message subject" specifying the content of the message and information about the opportunities and how to opt out of the free of charge newsletter service.
7. The customer may at any time opt out of receiving the Newsletter via the link given in each e-mail sent in accordnance to the Newsletter service or through activation of the corresponding field in the Customer Account.
8. The "Recommend to a friend" free service is provided by the Seller to enable Customer sending of email on their choice of the Goods to their friend. Before sending the message the Customer specifies the Goods intended to be the subject to prompt, and then, using the "Recommend to a Friend" dunction fills out the form by entering his email address and the e-mail address of a friend whom he wants to recommend the selected product to. The Customer may not use this service for any purpose other than recommending the Goods to another known person. The Customer does not receive any remuneration or other benefits for using this service.
9. Cancellation of the free service "Recommend to a friend" is possible at any time through discontinuing of sending of messages by the Customer to his friends.
10. The Customer Account service is available after registration on the terms described in the Regulations and is to provide the Customer with a dedicated panel as part of the Internet Store, which allows the Customer modification of data provided during registration, as well as monitoring of the status of orders and the history of orders already completed.
11. A Customer who has made the registration may request deletion of the Customer Account, and in the case of the request to remove the Customer Account by the Seller, the account will be removed within 14 days of the request.
12. The Seller shall be entitled to block access to Customer Accounts and free of charge services in the case of the Customer acting to the detriment of the Seller or other customers, a breach of law by the Customer or the provisions of the Regulations, as well as to block access to Customer Accounts and free of charge services if justified for safety reasons - in particular, to prevent breaching the Internet Store's security by the Customer or to prevent other hacking activities. Blocking access to Customer Accounts and free of charge services from the above reasons lasts for the time necessary to resolve the issue giving rise to block access to Customer Accounts and free of charge services. The Seller shall notify the Customer about blocking the access to Customer Accounts and free of charge services by email to the address provided by the Customer in the registration form.
§ 12 Protection of personal data
1. The administrator of personal information voluntarily provided to the Seller during the Registration, ordering placing and in the provision of electronical services by the Seller or in other circumstances as set out in the Regulations, is the Seller.
2. The Seller processes personal information for the purpose of Customer orders, providing electronic services and other objectives set out in the Regulations. The data is processed exclusively by law or Consent by the customer.
3. The collection of personal data provided to the Seller by the Seller is reported to the Inspector General for Personal Data Protection.
4. Personal data provided to the Seller are given to him freely, provided, however, that failing to provide the data specified in the Regulations for the Registrationin process prevents Registration and the establishment of Customer Accounts, and prevents the submission and execution of Customer orders in case of a contract without Registration of a Customer Account.
5. Anyone who gives the Seller his personal information has the right of access their content and to correct them.
6. The Seller provides the ability to remove personal data from the database, especially in the case of the removal of the Customer Accounts. Seller may refuse to remove personal data if the customer fails to pay all amounts due to Seller or breach of the applicable law, and the keeping of personal data is necessary to explain the circumstances and determine the liability of the Customer.
7. The Seller protects your personal data transferred to it and makes every effort to protect them from unauthorized access or use.
8. The Seller transmits personal data of the Customer to the Supplier to the extent necessary to carry out deliveries.
9. If the Customer selects the payment through the system przelewy24.pl, his personal data are transmitted to the extent necessary for the implementation of payments to the DialCom24 Sp. z o.o. company with its registered office in Poznań (60-327 Poznań, ul. Kanclerska 15), entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under number KRS 0000306513.
10. If the customer chooses the payment by installment plan "e-Installments by Santander Consumer Bank", his personal data are transmitted to the extent necessary for the implementation of payments to Santander Consumer Bank S.A. based in Wroclaw (53-611 Wroclaw, ul. Strzegomska 42C), entered into the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wroclaw, VI Commercial Division of the National Court Register under number KRS 0000040562.
§ 13 Termination (not applicable to the Sales Agreement)
1. Both the customer and the Seller may terminate the provision of electronic services at any time and without giving reasons, with subject to the rights acquired by the other party before the dissolution of the above Agreement and the provisions below.
2. The customer who has registered terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of will, by any means of communication at a distance enabling the statement to be read by the Seller.
3. The Seller terminates the contract for the provision of electronic services to the customer by sending the appropriate declaration of intent to the email address provided by the Customer during Registration.
§ 14 Final Provisions
1. The seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with customers who are Entrepreneurs seller is liable only for willful causing damage and limits the losses to those actually incurred to the Customer being Entrepreneur.
2. The content of these Rules may be perpetuated through printing, copying or downloading at any time from the Internet Store.
3. In the event a dispute arises under a Sales Agreement already concluded, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising under these Regulations is the Polish law.
4. Each customer can benefit from non-judicial means of dealing with complaints and redress. In this respect, it is possible to use mediation by the Customer. Permanent list of mediators and mediation existing centers are transferred and made available by the Governing of appropriate District Courts.
5. Every Customer can benefit from non-judicial means of dealing with complaint and redress. In this regard, it is possible for the Customer to enforce the help of a mediator. Lists of existing permanent mediators and mediation centers are made available by the Presidents of appropriate District Courts. The Customer who is a consumer can also use extrajudicial means of complaint and redress by filing a complaint at the EU's ODR internet platform available at: http://ec.europa.eu/consumers/odr/
6. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller to be carried out prior to the entry into force of the new Rules are based on the Rules of Procedure, which was in force at the date of the order by the Customer. Amendments to the Regulations enter into force within 7 days of the publication on the Internet Store. The Seller shall notify the Customer 7 days prior to the entry into force of the new Regulations to amend the Regulations by means of electronic message containing a link to the text of the amended Regulations. In case the customer does not accept the new Regulations he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §13.
7. Regulations come into force on September 18th 2015