Prior to placing an order, Buyer may negotiate with Seller any of its provisions, including those changing these Terms and Conditions. Negotiations shall be in writing and addressed to Seller at Archeryeurope.com, Nad Rudawka 2, 43-384 Jaworze, Poland
The Terms and Conditions listed below as well as relevant laws shall apply when Buyer opts not to negotiate the terms individually.
TERMS AND CONDITIONS
- 1. Definitions
- Mailing Address - name and surname or company name, location (in towns - street name and number, apartment or suite number; otherwise – town and property number), ZIP code, town/city name.
- Claims Department Address:
Archeryeurope.com – DAKO
Nad Rudawka 2
- Shipping Price List - a list of all available types of shipping and cost thereof may be found at http://archeryeurope.com/en/content/1-ShippingInformation
Archeryeurope.com – DAKO
Nad Rudawka 2
phone: +48 33 488 38 15
- Shipping - mode and cost of freight plus shipper name as shown in the Shipping Price List found at http://archeryeurope.com/en/content/1-ShippingInformation
- Proof of Purchase - an invoice, bill of sale or sales receipt that meets the requirements of the VAT Act of March 11, 2004, as amended, and other applicable laws and regulations.
- Product Data Sheet – a separate Store web page showing information about a specific product.
- Client – a natural person who is of age and has full capacity of acts in law; an entity or organizational unit other than a legal entity capable of acts in law which purchases from Seller products directly related to its business or professional activities.
- Civil Code – Civil Code Act of April 23, 1964, as amended.
- Code of Good Practices – a collection of rules, in particular ethical and professional rules referred to in Art. 2.5 of the Act on Combating Unfair Business Practices dated August 23, 2007, as amended.
- Consumer – an adult natural person, capable of acts in law, who purchases from Seller an item which is not directly related to its business or professional activities.
- Cart - a list of products offered for sale by Store and selected by Buyer.
- Buyer – both Consumer and/or Client.
- Place of Delivery – mailing address or another pickup location as specified by Buyer in the order.
- Time of Delivery – the point in time at which Buyer or a third party appointed by Buyer takes delivery of the item.
- Payment - a payment method used to pay for the purchased product and freight as listed at …………
- Consumer Rights Law – Consumer Rights Act of May 30, 2014.
- Product – the lowest and indivisible number of Items that may be ordered and listed in Seller’s Store as a unit for pricing purposes (price/unit).
- Object of the Agreement – products and shipping service specified in the Agreement.
- Service – the object of the Agreement.
- Pickup Location – a pickup location other than a mailing address, as named in a list provided by Seller in Store.
- Item – a movable property that is or may be the subject of the Agreement.
- Store – theInternet service available at archeryeurope.com at which Buyer may place its orders.
DAKO Dawid Kowalski
Nad Rudawka 2
Tax ID No NIP: PL9372510794
Business Statistical No REGON: 241080920
CEIDG-registered at the following address:
Bank account No: PL09 1140 2004 0000 3612 0379 3866
- System – a set of IT devices and software which function together to process and store as well as send and receive data by means of telecommunication networks using an end device compatible with the selected network, also called the Internet.
- Lead Time – the number of working hours or days listed in the Product Data Sheet.
- Agreement – with respect to Consumers: a contract concluded away from their business premises or a remote agreement within the meaning of the Consumer Rights Act of May 30, 2014; with respect to Buyers - a sales contract within the meaning of Art. 535 of the Civil Code Act of April 23, 1964.
- Defect – a physical or legal defect.
- Physical Defect –an item sold that is different from the one specified in the Agreement, particularly if it:
- Has properties different from those needed for the specific application set forth in the Agreement, or for specific requirements, or intended use;
- Lacks properties Seller has guaranteed to the Consumer;
- Is not suitable for the purpose of which Consumer informed Seller at the time they concluded the Agreement and Seller did not express any reservations regarding the contemplated purpose;
- Has been issued to Consumer as incomplete;
- Has been installed and initialized incorrectly, provided the operations have been performed by Seller or a third party for which Seller is liable; or has been installed and initialized by Consumer who followed instructions received from Seller;
- Lacks properties guaranteed by manufacturer, its agent, or another individual that introduces the item into trade as part of their business; or an individual who by placing its own name, trade mark or other specific mark on the item represents itself as the manufacturer, unless Seller was not familiar with such assurances and – acting reasonably – could not have known of them; or such assurances could not have affected Consumer’s decision to conclude the Agreement; or if such assurances had been modified prior to concluding the Agreement.
- Legal Defect – a situation when the item sold is the property of third parties or encumbered by third party rights; or when restrictions regarding its use or application are subject to a decision or ruling of a competent body.
- Order – Buyer’s declaration of intent made to Store which clearly defines: the type and quantity of Products, Shipping mode, Payment method, Place of Delivery, and Buyer’s data; with the explicit intent to conclude an Agreement between Buyer and Seller.
- Agreements shall be in the Polish language and governed by the Polish law and this T&Cs.
- Seller shall provide services and deliver products that are free from defects.
- All prices provided by Seller shall be gross and expressed in the Euro (including VAT tax). Product prices do not include shipping charges which are listed in the Shipping Price List.
- All lead times comply with Art. 111 Civil Code, i.e. the lead time shall conclude on the last day of the specified period, provided, however, that when the lead time expressed as the number of days begins with a certain event, the day of such event shall not be included in the count.
- Confirmation, availability, storing, and securing of all the major provisions of the Agreement with a view to gain access to such information in the future shall be in the form of:
- Order confirmation made by sending the following to the provided e-mail address: orders, pro forma invoices, information regarding the right to cancel the order, this T&Cs (pdf), an order cancellation form (pdf), links necessary to access the T&Cs as well as an order cancellation form sent; Attaching the following to the Order sent to the specified Place of Delivery of any printed items: Proof of Purchase, order cancellation information, this T&Cs, and an order cancellation form.
- Seller shall advise of any warranties of which it is aware that are offered by third parties for Products sold by Store.
- Seller shall not charge for contacts made by means of remote communication devices, and Buyer shall cover any such costs charged by its third party provider.
- Seller shall ensure that Buyer may access the System by means of any of the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari featuring the latest versions of JAVA and FLASH, and using a minimum 1024 px resolution screen. Using third party software which affects the functioning and functionality of the Internet Explorer, FireFox, Opera, Chrome, and/or Safari, may also affect proper access to Store; therefore, in order to assure full functionality of archeryeurope.com, make sure all browsers are disabled.
- Buyer may opt to have its data saved by Store to streamline the ordering process for future use. To do so, Buyer should have its login and password necessary to access its account. The login and password consist of a series of characters determined by Buyer who must keep them secret and secure from unauthorized access by any third parties. Buyer may check, correct, update or remove its account with us at any time.
- Seller shall always observe the Code of Good Practices.
- Agreement Conclusion and Performance
- Orders may be placed round the clock.
- To place an Order, Buyer must take at minimum the following steps, some of which may have to be repeated several times:
- Add the Product to the Cart;
- Select Shipping option;
- Select Method of Payment;
- Select Place of Delivery;
- Complete your order with Store by selecting “Confirm Order and Checkout”.
3. The Agreement with Consumer is considered concluded once the Order has been placed.
- COD Orders are shipped immediately; Orders paid by means of a wire or electronic transfers are shipped once Seller’s account has been credited with payment by Consumer, which usually takes place 30 days after the Order has been placed, unless Consumer was unable to pay for reasons other than its own fault and of which it duly informed Seller.
- The Agreement is deemed to be effectively concluded with Client once the Order has been accepted by Seller; Seller shall advise Client accordingly within 48 hours of the Order being placed.
- All COD Orders are shipped immediately once the Agreement has been concluded; Orders paid by means of a wire or electronic transfers are shipped after the Agreement has been concluded and payment by Client credited to Seller’s account.
- The shipping of Client’s Order may depend upon the receipt of the entire or partial payment for the Order or – alternatively – the opening of a credit line of up to or at least equal to the value of the Order; or on Seller’s agreeing to ship the Order as cash on delivery (COD).
- Orders shall be shipped as set forth in the Product Data Sheet; Orders comprising a number of Products ship on the last day of the longest lead time as specified in their Product Data Sheets. The calculation of the delivery time commences from the time the Order is first shipped.
- The purchased Product and the Proof of Purchase selected by Buyer together with any attachments referred to in § 2 section 6b are shipped by the Method selected by Buyer to the Destination indicated by Buyer.
- Cancellation of the Agreement
- Art. 27 of the Consumer Rights Law allows Consumer to cancel a remote agreement without specifying any reasons for doing so or incurring any respective expenses, apart from the costs set forth in Articles 33 and 34 of the Consumer Rights Law.
- A remote agreement may be cancelled within 14 days of the item having been delivered; to meet the deadline, it is sufficient to send your statement prior to the deadline expiration date.
- Consumer may submit the cancellation using a form shown in Attachment No 2 to the Consumer Rights Law; you may find the form at …………………., or you may use any other method allowed under the Consumer Rights Law.
- Seller shall promptly confirm to Consumer (see the address specified at the time the Agreement was first concluded or another one supplied by Consumer) it has received the Agreement Cancellation.
- In the case of cancellation, the Agreement shall be considered null and void.
- Consumer shall promptly return the item to Seller, at the latest within 14 days of the cancellation date; to do so, it is sufficient to return the item prior to the deadline expiration date.
- Consumer shall return all the items received under the cancelled Agreement at its own cost and risk.
- Consumer shall not bear the costs of delivering digital content not saved on a physical carrier if it did not agree to have such services provided prior to the agreement cancellation deadline expiration date or if it was not advised regarding the right to cancel the Agreement at the time Consumer gave its consent; or Seller failed to provide the confirmation referred to in Articles 15.1 and 21.1 of the Consumer Rights Law.
- Consumer shall be responsible for any loss of value of the ordered item which results from improper use that exceeds the scope reasonably required to ascertain its character, features, and functionality.
- Within no more than 14 days of receiving Consumer’s statement of cancellation, Seller shall return to Consumer all payments received, including shipping costs; but should Consumer have chosen a shipping method other than the least expensive one offered by Seller, Seller shall not be obligated to refund any additional shipping costs, as stipulated in Article 33 of the Consumer Rights Law.
- To refund the payment, Seller shall use the same payment method as the one originally used by Consumer, unless Consumer explicitly agrees to another method, which must not, however, generate any additional costs to Consumer.
- Seller may delay refunding the payment received from Consumer until Consumer has returned the purchased item or submits proof of mailing it, whichever occurs earlier.
- Article 38 of the Consumer Rights Law provides that Consumer is not entitled to cancel the Agreement if:
- The price or fee depends on financial market fluctuations which are beyond Seller’s control and which may occur prior to the cancellation deadline expiration;
- The purchased item is non-prefabricated, manufactured according to Consumer’s specifications, or is designed to meet Consumer’s individual needs;
- The purchased item is perishable or has a short useful time;
- The purchased item is delivered in sealed packaging that may not be returned once opened due to health or hygiene considerations;
- The purchased item is permanently mounted/installed with other objects after opening due to its nature;
- The purchased item is an audio or video recording or a computer program shipped in a sealed package which has been opened after delivery;
- The order was for digital content not saved on a physical carrier and – upon Consumer’s explicit consent - the contract commenced prior to the cancellation deadline expiration and Seller has notified Consumer regarding the waiver of the cancellation right;
h. The order was for the delivery of newspapers, magazines or publications other than subscription.
- Based on Article 558 § 1 Civil Code, Seller shall have no liability with respect to Customers for any physical or legal defects (manufacturer’s warranty).
Seller shall be liable to Consumer under Article 556 and subsequent articles of the Civil Code for defects (manufacturer’s warranty).
- When a physical defect is found within a year of the item having been delivered to Consumer, the defect is assumed to have existed at the time Consumer assumed the risk.
In the case of a defective product, Consumer may:
Demand the price be reduced; or
Cancel the Agreement;
unless Seller promptly and without any inconvenience to Consumer replaces the defective product with one free from any defects, or repairs any such defect; however, should the item have already been replaced or repaired by Seller, or should Seller have failed to replace the defective item with one free from any defects or repair the defect, Consumer shall not be entitled to demand a replacement or repair.
- In lieu of repair offered by Seller, Consumer may demand the defective item be replaced with one free from any defects or – instead of replacement – request the defect be repaired, unless repairing the item as requested by Consumer is impossible or would cost considerably more than the method proposed by Seller; provided, however, that when estimating the repair cost, the value of a defect-free item must be taken into account as well as the type and scope of the defect, plus potential inconvenience to Consumer if another method is used.
- Consumer may not cancel the Agreement for reasons of a minor defect.
When the sold item is defective, Consumer may also:
Demand the defective item be replaced with one free of any defects;
Demand the defect be repaired.
- Seller shall replace the defective item with one free of any defects or repair the defect within a reasonable time and without significant inconvenience to Consumer.
- Seller may refuse Consumer’s request if repairing the defective item so that it complies with the Agreement in a manner requested by Buyer is impossible or excessively expensive compared to another method of complying with the Agreement.
- In the event the defective item has been installed, Consumer may demand Seller disassemble and then reassemble it once the defective item has been replaced or repaired; however, Consumer shall be obligated to bear a portion of the costs that are over and above the selling price; or Consumer may demand Seller pay a portion of the disassembly and re-assembly costs, up to the amount of the sale price.
- Should Seller fail to do so, Consumer shall be authorized to perform such operations at Seller’s cost and risk.
- When using the manufacturer’s warranty, Consumer shall deliver at Seller’s expense the defective part to the Claim Address; however, when - due to the type of the item or manner of its installation - it would be too cumbersome for Consumer to deliver the item, Consumer shall make it available to Seller in situ. Should Seller fail to perform its obligation, Consumer may return the item to Seller at Seller’s cost and risk.
- Seller shall bear the cost of replacement or repair, except as set forth in § 5 section 10.
- Seller shall accept the defective item returned by Consumer when replacing it with one free from any defect or when the Agreement is cancelled.
Within fourteen (14) days Seller shall provide an answer regarding the following:
Demand to reduce the item price;
Statement of cancellation;
Demand to replace the item with one free from any defect;
Demand to repair the defect;
otherwise, Consumer’s statement or demand shall be deemed justified.
- Seller shall be liable under manufacturer’s warranty if the physical defect is found within two (2) years of delivering the item to Consumer; or within one year of delivery to Consumer if the item has been sold as used.
Claims by Consumer for repair or replacement of a defective item shall expire within one (1) year from the date the defect was first established, but not sooner than two (2) years after the date the item was first delivered to Consumer; and in the case of a used item – within one (1) year of the item being first delivered to Consumer.
- When the best-by date specified by Seller or manufacturer expires two (2) years after the item has been delivered to Consumer, Seller shall be liable under manufacturer’s warranty for physical defects of the products found prior to this date.
As set forth in § 5 sections 15-17 above, Consumer may submit a statement of cancellation or demand the price be reduced because of physical defects of the item sold; should Consumer demand the defective item be replaced with one free from defects or the defect repaired, the deadline for submitting the statement of cancellation or demand to reduce the price shall commence once the replacement and / or repair deadline has expired ineffectively.
- Should Consumer file a suit or an arbitration request in order to pursue any of its rights under the manufacturer’s warranty, the deadline for exercising other rights due to Consumer shall be suspended until such time as the court proceedings have been validly and finally completed. The same provision shall also apply to any mediation proceedings; however, the deadline for exercising Consumer’s other rights under the manufacturer’s warranty shall start either from the date the court approves the mediation agreement or the date the mediation proceedings ended ineffectively.
Provisions of § 5 sections 15-16 shall apply to any rights under the manufacturer’s warranty for legal defects; provided, however, the deadline shall commence from the day Consumer first discovered the defect and in the event Consumer first learned about the defect from a claim filed by third parties – from the day the ruling regarding such dispute with the third parties first became final and legally binding.
In the event Consumer submits a statement of cancellation or a demand to reduce the price because the item is defective, Consumer may demand damages for the loss it suffered by concluding the agreement while being unaware of the defect, even when the defect results from circumstances beyond Seller’s reasonable liability; in particular, Consumer may demand a refund of the costs incurred to conclude the agreement, pickup costs, shipping, storage and insurance costs, reimbursement of outlays to the extent they failed to produce the anticipated profits and for which Consumer did not receive any compensation from third party, a reimbursement of court fees. All the aforementioned remedies shall be over and above and in addition to Seller’s other duties to redress the damage under general provisions of the law.
No lapsed deadline for identifying a defect shall exclude Consumer’s right to exercise the manufacturer’s warranty if Seller maliciously failed to disclose the defect.
- Seller shall promptly, and in any event no later than within the deadline set forth in the law, perform any service or financial obligation toward Consumer.
- 6. Privacy and Personal Data Security
- Seller administers the personal data provided by Store’s Consumers.
- Seller shall protect all personal data provided under the Personal Data Protection Act of August 29, 1997, and Electronic Services Act of July 18, 2002. By supplying its personal data to Seller at the time the Order is placed, Buyer agrees to Seller’s processing of same for purposes of carrying out the Order. Buyer may inspect, correct, update or remove its personal data at any time.
- None of the provisions set forth herein is intended to infringe upon any of Buyer’s rights and must not be interpreted as such since in the case of any discrepancy between this Terms and Conditions and the laws in force, Seller shall unconditionally comply with and apply said laws, and forego any questioned T&Cs.
- Buyer shall be notified electronically regarding any changes to the provisions or scope of the T&Cs (to the e-mail address stipulated at the time it registers or places an order by e-mail). The notification shall be mailed at least 30 days prior to the fate of the new T&Cs’ taking effect. Changes / amendments shall always be aimed at bringing the T&Cs in line with the current laws.
- Buyer may always access the current version of the T&Cs by going to web page (http://archeryeurope.com/en/content/3-terms-and-conditions-of-use). Over the entire time period during which the Order is being processed as well as during the after-sales period, Buyer must observe the regulations approved at the time Buyer first placed the Order; with this exception, however, that should Consumer consider such regulations to be less advantageous than any current version, Consumer shall advise Seller about its decision to apply such current version instead.
- Respective laws shall apply to any matters not covered herein. Any disputes arising between the parties shall be resolved by mediation before any Regional Trading Standards Inspectorate [Wojewódzki Inspektorat Inspekcji Handlowej], or by means of a suit filed with an arbitration court at the Regional Trading Standards Inspectorate, or any other equivalent methods which are compatible with any pre-trial or out-of-court dispute solution procedures selected by Consumer; otherwise, the final resolution will be taken by a competent court with proper jurisdiction.
1. Information about the available payment methods for the order (credit card, debit card, transfer, etc).
2. Information about the fact that payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Arkońska 6/A3, zip code: 80-387, company number: 0000227278.
Transaction data, including personal data, can be transferred to PayLane Sp. z o.o. located in Gdańsk at Arkońska 6/A3, zip code: 80-387, company number: 0000227278, in order to process payments.