Online Store Terms and Conditions

§ 1
Preliminary Provisions

1.Fishchaser Online Store available at web address: Fishchaser.pl, is conducted by Darię Nowak running business operations under the name Fishchaser, entered to the Central Business Operations Register and Information Database (CEIDG) kept by the competent minister for the economy, NIP (tax ID number) 68317915885, REGON (Corporate Registration Number) 120648410
2. These Terms and Conditions are directed both to Consumers and Entrepreneurs using the Store, and determine the terms of using the Online Store as well as the principles and the procedure of concluding distance Sale Contracts with the Client through the Store.

§ 2
Definitions

1.The Consumer – a natural person concluding a contract with the Seller within the Store the subject matter of which is not related directly with their business or professional operations.
2.The Seller – the natural person running business operations under the business name Fishchaser Daria Nowak entered to the Central Business Operations Register and Information Database (CEIDG) kept by the competent minister for the economy, NIP (tax ID number) 68317915885, REGON120648410
3.Client – any entity making purchases through the Store.
4.Entrepreneur – a natural person, a legal person and an organizational unit not being a legal person which a separate act grants the legal ability to, running business operations on their own behalf, who uses the Store.
5.Store – online store kept by the Seller at the web address: Fishchaser.pl
6.Distance contract – an agreement concluded with the Client under an organized system of concluding distance contracts (within the Store), without simultaneous physical presence of the parties, with the exclusive use of one or more distance telecommunication means until the agreement is concluded.
7.Terms and Conditions – these terms and conditions of the Store.
8.Order – the Client’s statement of will submitted by means of the Order Form and intended directly to conclude the Sales Contract for a Product or Products with the Seller.
9.Account – the Client’s account in the Store, it stores data provided by the Client and the information about the Orders they have submitted in the Store.
10.Registration Form – form available in the Store making it possible to create the Account.
11.Order form – interactive form available in the Store allowing the Client to place an Order, in particular by adding Products to the Cart, and to determine the terms of the Sales Contract, including the method of delivery and payment.
12.Cart – a software element of the Store in which the selected Products to be purchased by the Client are visible and where it is possible to determine and modify the Order data, in particular the quantity of products.
13.Product – a movable item/service available in the Store being the subject matter of the Sales Contract between the Client and the Seller.
14.Sales Contract – the Product sale agreement being concluded or concluded between the Client and the Seller through the Online Store.Under the Sales Contract the Seller undertakes to transfer property of the item and release the thing to the Buyer and the Buyer undertakes to collect the thing and pay the fixed price to the Seller.

§ 3
Contact with the Store

1.Seller’s address: Tomaszkowice 531 32-020 Wieliczka
2.Seller’s phone number: 506429299, 506429366
3.Seller’s bank account number: IBAN: PL22249000050000453092150462 SWIFT: ALBPPLPW
4.The Client can communicate with the Seller by means of the e-mail addresses and telephone numbers provided in this paragraph.
5.The Client can communicate with the Seller by phone from 9 to 17

§ 4
Technical requirements

1.The following are necessary to use the Store, including to view the Store assortment and place orders for the Products:
a terminal device with access to the Internet and any web browser
active e-mail account (e-mail),
cookie files turned on.

§ 5
General

1.To the broadest extent acceptable by the law Seller shall bear no liability for disturbances including pauses in the functioning of the Store caused by force majeure, any prohibited third party actions or the Online Store’s compatibility with the Client’s external technical infrastructure.
2.In order to browse the Store assortment it is not necessary to create an Account. Orders can be placed by the Client for the Products included in the Store assortment either after setting up an Account in line with the provisions of § 6 of the Terms and Conditions or by provision of the necessary personal data and contact details to allow the order to be processed without creating an Account.
3.The prices provided in the Store are stated in Polish zlotys and in EUR and are gross prices (include Value Added Tax).
4.The end (final) amount payable by the Client includes the price for the Product and the delivery cost (including fees for transport, delivery and postal services) which the Client is informed about on the Store site when placing an Order, also at the time of expressing the will to become bound by the Sales Contract.

§ 6
Creating an Account in the Store

1.In order to set up an Account in the Store, the Registration Form must be filled in. It is necessary to provide the following data: name and surname, address details, phone no., e-mail
2.Setting up an Account in the Store is free.
3.To log in to the Account, the user must provide the login and password created in the Registration Form.
4.At any time the Client has the possibility, without providing the cause and without bearing any fees, to remove the Account by sending a respective to demand to the Seller, in particular by e-mail or in writing to the addresses provided in § 3

§ 7
Order placement principles

In order to place an Order the Client should:
1.log in to the Store (optionally);
choose the Product being the subject of the Order and then click the button “Add to cart” (or equivalent);
2.log in or used the possibility to place an Order without registration; if the possibility to place an Order without registration has been selected – fill in the Order Form by entering the Order recipient’s data and the address where the Product is to be delivered to, choose the type of shipment, enter the invoice data, when these are different than the Order recipient’s data,
3.click the button “Buy and pay” and confirm the order, clicking the link sent in the e-mail message,
4.choose one of the available payment methods and, depending on the method of payment, pay for the order in the specified time.

§ 8
Offered delivery and payment methods

1.The Client can use the following methods of delivery or collection of the ordered Product:
Mail shipment,
Courier shipment
2. The Client can use the following payment methods:
Payment by bank transfer to the Seller’s account
Electronic payments
3.Detailed information concerning the delivery methods and the acceptable payment methods is included on the Store pages.
4. All shipments are sent within two working days from booking the money on the Seller’s account

§ 9
Performance of the Sales Contract

1.The Sales Contract between the Client and the Seller is concluded after the Client’s submission of the Order in advance by means of the Order Form in the Online Store according to § 7 of the Terms and Conditions.
2.After placing the Order, the Seller immediately confirms its receipt and, at the same time accepts the Order. receipt of the Order and its acceptance is confirmed by the Seller sending the respective e-mail message to the Client to the Client’s e-mail address provided when placing the Order, which contains at least the Seller’s statements about receiving the Order and its acceptance for processing as well as a confirmation of concluding the Sales Contract. Upon the Client’s receipt of the above e-mail message the Sales Contract between the Client and the Seller is concluded.
3.In the event when the Client chooses payment by bank transfer, electronic payments or payment card, the Client is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract – otherwise, the order will be canceled.
4.In the case of ordering Products with different delivery times, the Client has the possibility to request delivery of the Products in parts or delivery of all the Products after completing the whole order.
5.The delivery term to the Client starts upon booking the payment on the Seller’s account.
6.In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest specified term.
7.Product delivery is provided in Poland and European Union member states.
8.Product delivery to the Client is a paid service, unless the Sales Contract states otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated for the Client on the Internet store’s website in tab “Delivery costs” and when placing an Order, also at the time of the Client expressing the will to be bound by the Sales Contract.

§ 10
Right to withdraw from the Contract

1.The consumer can, within 14 days, withdraw from the Sales Contract without providing any reason.
2.The beginning of the period specified in sect. 1 starts from delivery of the Product to the Consumer or the person indicated thereby, other than the carrier.
3.In the case of a Contract which includes many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 starts from delivery of the last thing, batch or part.
4.The consumer can withdraw from the Contract, submitting a statement to the Seller about withdrawing from the Contract. It is sufficient for the Consumer to send the statement before the end of this term to fulfill the deadline for withdrawal from the Contract.
The statement can be sent by means of traditional mail or electronically, by sending the statement to the Seller’s e-mail address or by posting it on the Seller’s website – the Seller’s contact details have been specified in § 3.
In the case of sending the statement by the Consumer by e-mail, the Seller’s shall immediately send to the Consumer to the e-mail address provided by the Consumer a confirmation of receipt of the statement about withdrawal from the Contract.
5.Effects of withdrawal from the Contract:
In the case of withdrawal from a distance Contract, the Contract shall be deemed not to be concluded.
In the case of withdrawal from a Contract, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receiving the Consumer’s statement on withdrawal from the Contract, all payments they have made, including costs of delivery of the thing, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest normal method of delivery offered by the Seller.
6.The Seller shall return the payment using the same payment methods as used by the Consumer in the primary transaction, unless the Consumer clearly agreed to another solution that will not involve any other costs for them.
7.The Seller can withhold return of the payments until receiving the Product back or until delivery of a proof of sending it back, whichever occurs first.
8.The Consumer should send the Product back to the Seller’s address specified in these Terms and Conditions immediately, no later than 14 days after the day when they informed the Seller about withdrawal from the Contract. The deadline will be preserved if the Consumer sends the Product back before lapse of the 14-day period.
The Consumer shall bear direct costs of returning the Product.
9. The right to withdraw from a distance contract shall not be granted to the Consumer with reference to the Contract:
the subject matter of which is a thing produced according to the Consumer’s specification or used to satisfy their individualized needs,
for provision of services, if the Seller has performed a service in full with clear consent of the Consumer, who was informed before starting the consideration that, after fulfillment of the consideration by the Seller, they will lose the right to withdraw from the Contract,
in which the price or remuneration depends on fluctuations on the financial market, over which the Seller exercises no control, which may appear before lapse of the deadline for withdrawal from the Contract,

§ 11
Complaint

1.The Sales Contract covers new Fishchaser brand products.
2.In the event of any defect in the goods purchased from the Seller, the Client has the right to a complaint based on the implied warranty regulations in the civil code.
3.A complaint should be reported in writing or electronically to the Seller’s addresses stated in these Terms and Conditions.
4.The Seller will present their position towards the complaint request immediately, no later than within 14 days, and if they do not do it in this time, the Client’s request is deemed recognized as justified.
5.Any goods sent back under the complaint procedure should be sent to the address specified in § 3 of the store regulations.

§ 12
Out-of-court methods for examining complaints and pursuing claims

1.Detailed information on the possibility for the Consumer to use out-of-court methods for examining complaints and pursuing claims and the principles of access to these procedures are available in the headquarters and on websites of district (municipal) other consumer rights advisers, social organizations the statutory responsibilities of which include protection of competition, Provincial Commercial Inspection Inspectorates under the following addresses of the Office for Protection of Competition and Consumers: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2.The Consumer has the following sample options of using out-of-court methods for examining complaints and pursuing claims:
The Consumer is authorized to apply to a permanent consumer court of conciliation mentioned in Art. 37 of the act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014 item 148 as amended), for resolving a dispute resulting from the Contract concluded with the Seller.
The Consumer is authorized to apply to the provincial Commercial Inspection Officer according to Art. 36 of the act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014 item 148 as amended), for initiating the mediation procedure on conciliatory end of the dispute between the Consumer and the Seller.
3.The consumer can obtain free assistance on resolving a dispute between them and the Seller, also using free assistance of the district (municipal) consumer rights adviser or a social organization the statutory responsibilities of which include protection of competition (among others the Federation of Consumers, Association of Polish Consumers).

§ 13
Personal data in the Online Store

1.The controller of the Customers’ personal data collected through the Online Store at www.fishchaser.pl is the company Fishchaser, Daria Nowak, Tomaszkowice 531, 32-020 Wieliczka.
The Clients’ personal data are collected in order to perform the Sales Contract and, if the Client gives their consent thereto, also for marketing purposes.
The data transferred from the Clients are processed on the basis of Article 6 section 1 letter b) and f) of GDPR in order to perform the order, ship the goods and sign the contract as well as fulfill the Controller’s legal obligation e.g. issue the invoice.
2.The Controller collects the Clients’ personal data in the form of:
– name of the entity/first and last name,
– address,
– phone numbers, email addresses,
– NIP (tax ID) number in the case of other entrepreneurs for whom invoices are issued.
3.The recipients of the Online Store Clients’ personal data can be:
Postal or courier services operators
For a Client who uses the electronic payment method or payment card in the Online Store, the Controller makes the Client’s collected personal data available to the chosen entity handling the above payments in the Online Store.
The Supplier of accounting and IT services.
4.Personal data will be stored for the effective period of the contract and for a period necessary for after-sales customer service, asserting or defending against claims and fulfilling the Controller’s legal obligation resulting from tax regulations.
5.The Store uses statistical services (e.g. Google Analytics). We make every effort to ensure that the Client’s data are safe and we do not make them available to any other entities unless these are involved in ensuring functionality of the site. We use cookie files in order to monitor site visiting statistics.
6.The Client has the right to access their data and the right to edit or remove them and withdraw their consent to these being processed. In the event of any doubts, please contact us and we will answer all questions in this respect.
7. The provision of personal data is voluntary, although any failure to provide the personal data necessary to conclude the Sales Contract as specified in the Terms and Conditions shall result in the inability to conclude this contract.

§ 14
Final provisions

1. Any contracts concluded through the Online Store are concluded in Polish and English language.
2. The Seller reserves the right to make changes in the Terms and Conditions for valid reasons, that is: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the provisions of these Terms and Conditions. The Seller shall notify the Client of any change at least 7 days in advance.

3. In any matters not regulated in these Terms and Conditions, the commonly binding laws of Poland shall apply, in particular: the Civil Code; the act on provision of electronic services; the act on consumer’s rights, the personal data protection act.

4. The Customer has the right to use out-of-court methods for examining complaints and pursuing claims. For this purpose, they can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.