TERMS AND CONDITIONS OF THE ONLINE STORE
These regulations set out the rules for making purchases in the online store run by the Seller. The seller is JFK DESIGN KATARZYNA HARATYK-JAGIELLICZ with its registered office in Chorzów at Wieniawskiego 18, 41-506 Chorzów Poland, NIP: 6271824348 Regon: 276975928
The www.tryfly.eu Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied
§ 1 Definitions
Regulations – these regulations in the scope of services provided by electronic means are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended)
Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
Customer – an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to his business or professional activity.
Service Provider – an entity providing sales services via the Online Store on the terms set out in these Regulations.
Seller: JFK DESIGN with its registered office in Chorzów at Wieniawskiego 18, 41-506 Chorzów Poland;
Transaction subject – Goods listed and described on the Store’s website
Goods – a movable item presented in the Online Store to which the Sales Agreement relates.
Working days – means days of the week from Monday to Friday, excluding public holidays.
Code of good practices – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.
Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code,
concluded between the Service Provider and the Customer, using the Store’s website.
Civil Code – the Civil Code Act of April 23, 1964, as amended.
Basket – a list of products made from products offered in the store based on the Buyer’s choices.
Online Store (Store) – the website available at www.tryfly.eu, through which the Customer can place an Order.
Order – Customer’s declaration of intent clearly specifying the type and quantity of Goods, aiming directly at the conclusion of the Sales Agreement.
Defect – both a physical defect and a legal defect.
Physical defect – non-compliance of the item sold with the contract, and in particular if the item:
a) it has no properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
b) does not have properties that the Seller has provided to the Consumer,
c) it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection as to its intended use;
d) it has been delivered to the Consumer in an incomplete state;
e) in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
f) it does not have the property provided by the manufacturer or its representative or a person who places the item on the market in the scope of his business activity and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the producer, unless the Seller did not know these assurances or, judging reasonably, could not know or they could not influence the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Payment – PayPal
Payment – STRIPE (pay by card)
Proof of purchase – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other relevant legal provisions.
ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network
§ 2 General principles and use of the Online Store
1. These Regulations set out the rules for using the online store
2. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store Website, as well as to templates, forms, logos posted on the Online Store Website (except for photos posted for the purposes of presenting Goods , logos and forms to which copyright belongs to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and the consent of the Seller expressed in writing.
3. The condition of placing an Order in the Online Store by the Customer is to read these Regulations and accept its provisions during the implementation of the Order.
4. The online store www.tryfly.eu conducts retail sales via the Internet.
5. All Goods offered in the store www.tryfly.eu are brand new, original packed, free from physical and legal defects, and have been legally placed on the Polish market.
6. As part of the technical requirements necessary to cooperate with the ICT system used by the Service Provider to make purchases, the Customer should have an active electronic mail account (e-mail) and a device connected to the Internet.
8. The Customer is obliged not to provide content prohibited by law, eg content promoting violence, defamatory or violating personal rights and other rights of third parties.
9. The Seller uses the mechanism of “cookies”, which when the Customers use the Online Store Website, are saved by the Seller’s server on the hard drive of the Customer’s terminal device. The use of “cookies” is aimed at the correct operation of the Online Store Website on the clients’ terminal devices. This mechanism does not damage the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Online Store Website.
§ 3 Placing orders
1. All prices on the tryfly.eu website are gross prices given in Euros. The prices do not include shipping costs.
2. Orders are accepted via the website or by email.
3. Orders placed through the website can be placed 24 hours a day, 7 days a week throughout the year.
4. The order is effective if the Customer correctly completes the order form and correctly provides contact details, including the exact address to which the Goods are to be sent, as well as the telephone number and e-mail address.
5. In the event that the data provided is not complete, the Seller will contact the Customer. If contact with the Customer is not possible, the Seller has the right to cancel the Order.
6. When placing the Order, the Customer may consent to the placement of personal data in the Seller’s Online Store database for processing in connection with the implementation of the Order. In the event of consent, the Customer has the right to inspect their data, correct them and request their removal.
7. The Customer may use the option of saving his data by the system in order to facilitate the process of placing the next Order. For this purpose, the Customer should provide the login and password necessary to access his account. Customer login is the e-mail address provided by him. The password is a string of characters set by the customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect against unauthorized access by third parties.
8. After the Customer has successfully placed the order, he will receive an automatic response from the store confirming receipt of the order.
9. The time of commencement of the order coincides with the moment the payment is received on the bank account given in the order confirmation in the case of payment by bank transfer or the moment of placing the order in the case of payment by card or by choosing the “cash on delivery” option.
10. Production time its 3 to 14 business days, then the parcel will be send and the customer will be informed about it.
Personalized products may have an extended delivery time of up to 21 business days. It should also be mentioned that the time is counted from the acceptance of the project.
11. Personalized products are not exchangeable or refundable
12. Customer have 30 minutes to cancel order once it has been placed. All orders are handmade once you order, so it is unlikely for us to cancel/change an order. So please make sure you spend some time browsing and order the correct items that you want!
13. In the case of a personalized product, the customer receives proposals in a visual form. Changes to the proposal can be made a maximum of 3 times. Each subsequent proposal may be valued at EUR 20. In case of cancellation by the client, the client agrees to pay 20 euros per submitted proposal ordered by the buyer.
§ 4 Shipping costs and date
1. The goods are sent to the address indicated on the order form or given by phone or e-mail. The store will inform the customer immediately of an incorrectly completed order form, which makes it impossible to make the shipment or may delay it.
2. The goods are delivered via specialized courier companies or via Poczta Polska.
3. Shipment is delivered in accordance with the date specified next to each Good on the website. This is an approximate delivery time and applies to orders with the “COD” option. When choosing the payment option “transfer” or “card or online transfer” to the time specified on the website, you should add the time of posting the funds on the store’s bank account.
4. The customer is charged for delivery (shipping) specified in the transport price list.
5. Production time its 3 to 14 business days, then the parcel will be send and the customer will be informed about it
§ 5 Payments
1. For each order, the customer will receive a sales specification – proof of purchase, or – at the express request of the customer – a VAT invoice.
2. Payments for ordered goods can be via the electronic payment system (PayPal) or by card payment.
§ 6 Withdrawal from the contract
1. In accordance with art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). A customer who is a consumer who has entered into a distance contract via the Store may withdraw from it within 14 days without giving a reason and without costs, except for the costs specified in points 7.4, 7.5 and 7.8 of the Regulations. Instructions on the right to withdraw, including in particular information on the manner and time limit for exercising the right to withdraw from the contract and the cost of returning the goods in the event of withdrawal from the contract, which is borne by the Customer, is attached as Annex 1 to these Regulations.
2. In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have rendered shall be returned unchanged, unless a change was necessary in the ordinary course of business.
3. The return should take place immediately, not later than within 14 days. The purchased goods should be returned to the Service Provider’s address.
4. If the Customer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to reimburse such additional costs incurred by the Customer.
5. The Customer is not entitled to withdraw from a distance contract in relation to the contracts listed in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), and in particular:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
b) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
c) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
d) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
6. If the Customer has demanded the commencement of the provision of services (if such services are provided by the Seller at all) before the deadline to withdraw from the contract, he shall pay the Seller an amount proportional to the scope of services fulfilled until the moment the Customer has informed the Seller about the withdrawal from this contract.
7. The customer should secure the returned goods in such a way as to minimize the risk of damage in transit.
8. The customer may use the model statement of withdrawal from the contract, which is an attachment to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), but it is not mandatory.
9. Clothing models made to individual customer orders are not refundable.
§ 7 Complaint procedure
1. The Store is obliged to provide customers with items sold without physical and legal defects (warranty). In the event of defective purchased goods, Customers have the rights provided for in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the part relating to warranty (art. 556 et seq.).
2. Complaints shall be submitted to the address of the registered office of the Store, which is given on the store’s website. The complaint should contain the customer’s contact details, information about the type of defects and the date of their finding, the customer’s request, and in case of doubt also some kind of confirmation of the purchase of the advertised product in the store. The above content of the complaint has the form of a recommendation, and complaints with other content will also be considered by the Seller.
3. If it is necessary for the Seller to become acquainted with the sold item to examine the complaint, the Customer who exercises the warranty rights will be obliged at the Seller’s expense to deliver the item to the place indicated in the sales contract, and if such place is not specified in the contract – to the place where the item was delivered to the customer. If, due to the type of item or the way it was installed, delivery of the item by the Customer would be excessively difficult, the Customer is obliged to make the item available to the Seller at the place where the item is located.
4. The store will respond to customer complaints within 14 days.
5. The Store does not provide a separate warranty for the products sold (some products may be covered by the manufacturer’s warranty), as well as does not provide after-sales services.
§ 8 Out-of-court complaint consideration and redress methods.
1. If the entrepreneur does not accept the complaint of a customer who is a consumer and he does not agree with his decision, he can use the available extrajudicial means of dealing with complaints and redress.
2. In particular, the Customer may submit to the appropriate voivodeship inspector of the Trade Inspection a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). Mediation is voluntary (both parties must agree to it), and any agreement of the parties must also be the result of agreement between both parties. Successful submission of an application for mediation does not guarantee that it will be carried out, nor the result.
3. The customer also has the option of requesting the resolution of a dispute arising from the concluded sales contract by a permanent consumer arbitration court at the voivodeship inspector of the Trade Inspection referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). Regulations for the organization and operation of permanent consumer courts of arbitration are set out in the Regulation of the Minister of Justice of 25 September 2001 on determining the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item 1214).
4. Detailed information on out-of-court complaint consideration and redress methods are also available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection and Voivodship Inspectorates of Trade Inspection.
§ 8 Protection of personal data
1. The Seller processes the personal data of its customers in accordance with the provisions of the Act of 29 August 1997. on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926) and the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended as amended).
3. Providing personal data by the customer is voluntary. Customers have the right to request supplementing, updating, rectifying personal data, temporary or permanent suspension of their processing or deletion.
4. The administrator of personal data provided by customers is the Seller, referred to in § 1 of the Regulations.
§ 9 Final provisions
1. These Regulations are a document defining the rules of functioning of the tryfly.eu Store. Every customer is required to read its content and is always bound by its provisions at the time of ordering.
2. The Store will make every effort to resolve any dispute situations amicably and in favor of the Customer.
3. If no agreement is reached, dispute situations will be considered in court in accordance with the provisions of K.P.C.
4. The Regulations in their current form are effective from 01/02/2017 and apply to all orders accepted for execution from that date. Amendments to the regulations will be published on the Regulations website of the online store.
INSTRUCTIONS ON THE RIGHT TO WITHDRAW FROM CONTRACT – APPLICABLE TO CONSUMERS
(Article 27 of the Act of 30 May 2014 on consumer rights)
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item.
To exercise the right of withdrawal, you must inform us (store address: about your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).
You can use the model withdrawal form, but it is not mandatory.
To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract:
In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivery (except for additional costs resulting from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract.
Reimbursement will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first.
Please send or return the item to us immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.
You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the thing.
MODEL WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
JFK DESIGN with its registered office in Chorzów at Wieniawskiego 18, 41-506 Chorzów Poland, e-mail address: firstname.lastname@example.org
– I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract of delivery of the following items (*) contract for a specific work involving the performance of the following items (*) / for the provision of the following service (*):
– Date of conclusion of the contract (*) / receipt (*):
– Name of consumer (s):
– Address of consumer (s):
– Signature of consumer (s): …………………………………… ..
(only if the form is sent in paper version)
– Date: ……………………….
(*) Delete as applicable.