Regulations of the online shop

Introduction

The online shop available at https://feelfreekayak.eu/ is operated by a company operating under the name of FeelFree Kayak EU Sp. z o.o., with its registered office in Żukowo at ul. Armii Krajowej 1, 83-330 Żukowo, entered into the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register under KRS number 0000478113, NIP: 5892012362, REGON: 221971497, share capital PLN 100,000.

Seller's contact details:

- telephone: + 48 537 666 802 or + 48 517 494 565,

- e-mail address:  [email protected]

This document (which is also the regulations under the Act of 18 July 2002 on the provision of electronic services), hereinafter referred to as the "Regulations", defines the types and scope of the provision of electronic services via the Online Shop, the rules for concluding sales contracts via the Online Shop, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawing from the contract and complaint procedure.

I. Definitions

  1. Online Shop - online shop available at https://feelfreekayak.eu/.
  2. Seller - FeelFree Kayak EU Sp. z o.o. with its registered office in Żukowo at ul. Armii Krajowej 1, 83-330 Żukowo, entered into the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000478113, NIP: 5892012362, REGON: 221971497, share capital PLN 100,000.
  3. Customer - a natural person, legal person or an organizational unit without legal personality, the law of which grants legal capacity, concluding an agreement with the Seller.
  4. Consumer - is a natural person engaged in a legal action related to the a business, not directly connected to the business's business or professional activity.
  5. Service - electronic services provided by the Seller via the Online Shop.
  6. Sales contract - a distance contract concluded between the Customer and the Seller via the Online Shop, the subject of which is the purchase of the Product.
  7. Product (Goods) - a product prepared on the Client's order, which the Client purchases via the Online Shop.
  8. Order form - the form available in the Online Shop allowing you to place an order and purchase the Product.
  9. Registration form - a form available in the online shop that allows you to create a customer account.
  10. Client account - a set of resources in the Seller's ICT system, where information about the Client is collected, including address information and order history.
  11. Newsletter - a service that enables subscribing to and receiving electronically free information about the Seller's Goods and promotions.
  12. Working day - one day from Monday to Friday excluding public holidays.

II. General provisions

  1. The Seller undertakes to provide services to the Customer to the extent and under the conditions specified in the Regulations.
  2. The Customer undertakes to use the Online Shop in accordance with applicable laws and rules of social coexistence.
  3. The Customer using the Seller's Services shall be obliged to observe these Regulations.
  4. The Seller observes the principles of personal data protection of the Clients provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. 
  5. The Customer agrees to the collection, storage and processing of personal data by the Seller in order to perform the contract. Detailed conditions of collection, processing and protection of personal data by the Seller are specified in the "Privacy Policy" of the Online Shop.
  6. The products available in the Online Shop are new and free from physical and legal defects. 
  7. The information concerning the Product, which can be found on the website of the Online Shop, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code Act of 23 April 1964.
  8. The Seller reserves the right to make changes in the prices of Products available in the Online Shop, to introduce new Products, as well as to conduct and cancel promotional actions or make changes in ongoing promotions.

III. Services and general conditions for the provision of services

  1. The Seller, by means of the Online Shop, provides services electronically consisting of: 
    a) enabling the completion of the order form in order to conclude sales contracts,
    b) enabling registration and keeping a Customer Account,
    c) sending Customers information about promotions and Products in the form of a "Newsletter".
  2. The services referred to in paragraph 1 shall be provided free of charge.
  3. The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a definite period of time when he begins to fill in the form and is terminated when he withdraws from completing the form or when the completed form is sent to the Seller. 
  4. The agreement on the provision of services by electronic means in the form of enabling registration and maintenance of the Customer's Account shall be concluded with the Customer for an indefinite period of time at the moment of registration in the Online Shop. 
  5. The agreement for the provision of the "Newsletter" service by electronic means shall be concluded for an indefinite period of time at the moment when the Client subscribes to the "Newsletter" service using the functionality available on the website of the Online Shop.
  6. The creation of a customer account ("registration") is done using the functionality available on the website of the Online Shop - Registration Form.
  7. Having a customer account is not required to place an order for products available in the Online Shop.
  8. Technical requirements necessary to use the services provided by the Seller:
  9. a) a device with access to the Internet,
  10. b) a web browser that supports cookies,
  11. c) access to electronic mail,
  12. The customer pays fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.

IV. Sales agreement

  1. Only the Customer who has a delivery address in Poland, another EU Member State and Norway or Switzerland is entitled to place orders in the Online Shop.
  2. The Seller enables placing orders for Products available in the Online Shop using the Order Form available in the Online Shop 24 hours 7 days a week.
  3. In order to place an order, the Customer selects the Product available in the Online Shop, specifying the quantity he or she intends to purchase and indicating additional features of the ordered Product (if applicable). After selecting the Product (adding the Product to the "basket" through the functionality available in the Online Shop), the Customer fills in the Order Form indicating the data necessary for the Seller to carry out the order, and then confirms placing the order with the "Order and pay" option.  
  4. After receiving the order, the Seller shall send to the Customer by e-mail to the e-mail address provided during the order placement process a statement of acceptance of the order. Then the Seller, after verifying the possibility of order execution, sends a message confirming the order to the Customer. As soon as the Customer receives a message confirming the order, a sales contract is concluded.
  5. The message confirming the order contains the agreed terms of the sales contract, in particular the quantity and type of the ordered Product, the total price to be paid with delivery costs and the amount of discounts granted (if applicable).

V. Order processing time and delivery

  1. The Seller carries out orders in the order in which they were received (taking into account point VI section 3 of these Regulations).
  2. The time of order fulfillment consists of preparation, completion, packing and delivery of the Product by the Seller. The average lead time is from 7 to 14 working days.
  3. In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the order completion date shall depend on the date of completion of the last Product covered by the order by the Seller, unless otherwise agreed with the Customer.
  4. If a part of an order consisting of several Products is not currently available, the Customer is informed about it by phone or e-mail and decides on the method of order execution (partial execution, extension of the waiting time, cancellation of the entire order or selection of a replacement Product). 
  5. Until the order is completed, the time of delivery of the Product to the Customer by the carrier should be added in accordance with the delivery method chosen by the Customer. Information on delivery methods and costs shall be indicated to the Customer during the order placement.
  6. Orders are issued for delivery to the carrier only on working days.
  7. After receiving the package, the customer should carefully check the condition of the package and its contents. If any damage or other irregularities are found, he should, in the presence of the courier, draw up a damage report and notify the Seller.

VI. Payment methods

  1. The seller enables prepayment by bank transfer via the MasterCard, Maestro, Visa electronic payment system operated by przelewy24.
  2. The customer is obliged to make the payment within 7 working days from the date of the contract. In the event of non-payment within the specified period, the sales contract may be terminated.
  3. The seller starts processing the order upon receipt of information from the operator of the electronic payment system that the payment has been correctly made by the customer.
  4. The Seller documents the sale of the Product with a receipt or a VAT invoice. The proof of purchase is delivered to the Customer together with the Product or electronically to the e-mail address provided by the Customer when placing the order. 

VII. Warranty for Product defects

  1. The Seller documents the sale of the Product with a receipt or a VAT invoice. According to Article 556 of the Act of 23 April 1964 of the Civil Code, the Seller is responsible to the Customer if the sold Product has a physical or legal defect. The seller is released from liability under the warranty if the customer knew about the defect at the time of concluding the contract.
  2. Delivery of the Product as part of the exercise of the rights resulting from the warranty for defects takes place at the expense of the Seller.
  3. The Seller is under warranty, if the physical defect is found before the expiry of two years from the date of delivery of goods to the consumer.
  4. The warranty does not cover defects resulting from improper use of the products.
  5. A notification of Product defects should be sent by e-mail to [email protected]  or in writing to the registered office of the Seller. The notification may be sent on the form attached as Annex 2 to the Regulations.
  6. If the sold item has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the faulty item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-faulty one or remove the defect.
  7. The Customer may, instead of the removal of the defect proposed by the Seller, demand replacement of the item with a defect-free item or demand removal of the defect instead of the replacement of the item, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
  8. The customer may not withdraw from the contract if the defect is irrelevant.
  9. If it is necessary for the assessment of physical defects, the Product should be delivered to the following address: FeelFree Kayak EU Sp. z o. o., ul. Armii Krajowej 1, 83-330 Żukowo.
  10. The Seller responds to the Customer's notification within 14 calendar days from the date of its receipt. Failure to consider the notification within the time limit laid down shall be equivalent to its consideration.
  11. The Seller covers the costs of collection, delivery, removal of defects or replacement of the Product with a new one. 

VIII. Withdrawal from the sales contract

  1. The customer who is a consumer in connection with art. 27 of the Act of 30 May 2014 on consumer rights, you have the right to withdraw from a distance contract without giving any reason. 
  2. The right to withdraw from the contract is granted within 14 calendar days from the moment the Customer takes possession of the Product or a third party designated by him other than the carrier.
  3. The customer may withdraw from the contract by submitting a declaration on the form constituting Annex 1 to these Regulations, by sending it by e-mail to the address [email protected] or to the Seller's postal address.
  4. For the period referred to in paragraph 2, it shall be sufficient to send the statement of withdrawal before the expiry of the period.
  5. The Seller shall immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract. 
  6. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. Seller shall refund payments using the same method of payment, which the consumer used, unless the consumer has expressly agreed to a different way of return, which does not incure any costs for him or her.
  7. If the Seller has not suggested that he will collect the Product from the consumer by himself, he may withhold the reimbursement payments received from the consumer to the date of receiving of the Product back, or until the consumer has supplied evidence of its return, depending on which event occurs first.
  8. If the Customer has chosen a method of delivery other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for additional costs incurred by him.
  9. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. In order to respect the deadline, it is sufficient to send back the Product before its expiry.
  10. The customer bears only the direct costs of returning the Product.
  11. The product should be delivered to the following address: FeelFree Kayak EU Sp. z o. o., ul. Armii Krajowej 1, 83-330 Żukowo.
  12. In the case of withdrawal, the consumer shall be liable for any diminished value of the item resulting from the use of the item beyond what is necessary to establish its nature, characteristics and functioning.
  13. The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on consumer rights, incl. in relation to a contract 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.

IX. Withdrawal from the contract for the provision of services by electronic means and complaint procedure

  1. In the case of contracts for the provision of electronic services of a continuous and indefinite nature, the Customer has the right to terminate the contract. The customer may terminate the contract by notice with immediate effect and without giving any reason by sending a notice of termination to [email protected]
  2. The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach by the Customer of the provisions of these Regulations.
  3. In case of non-performance or improper performance by the Seller of the services provided by means of the Online Shop, the Customer is entitled to lodge a complaint via e-mail to [email protected]
  4. A correctly submitted complaint should include the Customer's designation (first and last name or company name, address of residence or registered office of the company and e-mail address), the subject of the complaint together with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint. 
  5. A complaint shall be considered by the Seller  within 14 calendar days of receipt of the complaint.

X. Provisions concerning entrepreneurs

  1. The provisions of this paragraph apply only to customers who are not consumers in accordance with art. 221 of the Civil Code.
  2. The Seller reserves the right to withdraw from the sales contract at any time, unless the Product has been delivered to the Customer, a third party acting on behalf of the Customer or the carrier performing the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims on the part of the Customer against the Seller.
  3. The Seller reserves the right to limit the payment methods available in the Online Shop. The Seller reserves the right to demand a prepayment in whole or in part of the order value, regardless of the method of payment chosen by the Customer.
  4. On the basis of Article 558 of the Civil Code, in the case of selling the Product to a Customer who is not a consumer, the Seller's liability under the warranty is excluded.
  5. On the basis of art. 548 §1 of the Civil Code, at the moment of handing over the Product by the Seller to the Customer, to a third party indicated by the Customer or the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Customer. 
  6. The Seller's liability towards the Customer shall be limited exclusively to the actual damages incurred by the Customer in connection with improper performance of the agreement by the Seller, with the Seller's liability not exceeding the value of the order placed by the Customer.

XI. Responsibility

  1. The Seller is not responsible for entering incorrect data by the Customer (in particular by providing incorrect data in the forms available on the website) or for the Customer's action in a way that hinders or prevents the provision and implementation of services by the Seller.
  2. The Seller is not responsible for the consequences of using the Online Shop by the Customer in a manner inconsistent with the provisions of the Regulations, applicable law and the principles of social coexistence or customs in this regard.
  3. The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Shop due to the need for maintenance, review or expansion of the technical base or software. Suspension or termination of the services of particular functionalities of the Online Shop may not violate the rights of the Client.

XII. Intellectual property

  1. All the content in the Online Shop (including graphics, texts, page layout and logos), and not originating from the Customer or other suppliers, benefit from copyright protection and are the exclusive property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
  2. The Customer shall be obliged to use all the contents of the Online Shop only for his or her own personal use. The use of content in any other scope is permitted only if it has been expressly indicated by the Seller.
  3. The use of the Online Shop, including the use of text, graphic materials, photographs, applications, databases or other content, does not mean that the Client acquires any rights with respect to the indicated content, and in particular does not mean the acquisition of property copyrights, related rights or licences.
  4. It is forbidden to take the following actions without the express consent of the Seller:
    a) copying, modifying and transmitting electronically or otherwise the Online Shop or parts thereof, as well as individual content made available through it,
    b) distribute in any way the content published in the Online Shop,
    c) downloading the contents of databases and reusing them in whole or in part.

XIII. Final provisions

  1. The Seller reserves the right to amend these Terms and Conditions. The Seller shall notify the amendments to the Regulations on the website of the Online Shop at least 14 calendar days before the amendments to the Regulations come into force. The amendment to the provisions of the Regulations does not apply to customers who placed an order during the previous version of the Regulations. Change of the Regulations during the duration of a continuous contractual relationship shall be binding on the other party if the requirements specified in Article 384 of the Civil Code have been met and the party has not terminated the contract within the notice period of 14 calendar days.
  2. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
  3. The customer has the opportunity to use out-of-court methods of handling complaints and pursuing claims arising from orders placed in the Online Shop. These include: in the case of a dispute over property rights arising from contracts of sale and provision of services, applying for the case to be heard by the Permanent Arbitration Consumer Court acting at the relevant Provincial Commercial Inspectorate; applying to the Provincial Commercial Inspectorate in Gdańsk (https://ihgd.pl/) to take action to resolve the dispute out-of-court on the basis of the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (Journal of Laws of 2016, item 1823).
  4. Irrespective of paragraph 3, the Customer may turn to the municipal (district) consumer ombudsman for help. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. 
  5. The customer who is a consumer may also use the electronic method of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/. 
  6. Disputes arising as a result of the provision of services under these Regulations will be submitted to:
    a) to a common court at the Customer's choice in accordance with the relevant provisions of Polish law, if the Customer is a consumer,
    b) to a common court having jurisdiction over the seat of the Seller, if the Customer is not a consumer.
  7. Annexes to the Regulations form an integral part of them.
  8. Regulations come into force on 15 July 2016.