Terms and Conditions of the flowshop.pl store

Operated by BOARD SPORT POLSKA sp z o.o, VAT No. 5272833202, with its registered office in Warsaw and business address: Al. Prymasa Tysiąclecia 46 lok. 5, 01-242 Warsaw, tel. +48 22 8207296, tel. 739211515.

TABLE OF CONTENTS:

1. GENERAL PROVISIONS

These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store.

The controller of personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider.

Personal data are processed for the purposes, to the extent, and on the basis of the rules set out in the privacy policy published on the Online Store website.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

Account – use of the Account is possible after the Service Recipient completes two consecutive steps: (1) filling in the Registration Form, (2) clicking the "Register" field. In the Registration Form, the Service Recipient is required to provide the following data: email address and password.
The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider.
The Electronic Service Order Form is provided free of charge and is of a one-time nature; it ends when an Order is placed through it or when the Service Recipient stops placing an Order through it earlier.
Newsletter – use of the Newsletter takes place after entering, in the "Newsletter" tab visible on the Online Store website, the email address to which subsequent editions of the Newsletter are to be sent and clicking the "Sign up" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox while creating an Account – upon creation of the Account, the Service Recipient is subscribed to the Newsletter.

The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to provide data that are consistent with the facts. The Service Recipient is prohibited from providing unlawful content.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.

The Product price displayed on the Online Store website is given in Polish zloty or EURO and includes taxes. The Customer is informed on the Online Store pages during the Order process, including at the moment the Customer expresses the will to be bound by the Sales Agreement, about the total price including taxes of the Product being the subject of the Order, as well as the delivery costs (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them.

Procedure for concluding a Sales Agreement in the Online Store using the Order Form

Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate email message to the email address provided during the Order process, which contains at least the Seller's statements of receipt of the Order and its acceptance for processing, as well as confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above email message, the Sales Agreement is concluded between the Customer and the Seller.
The Seller reserves the right to automatically withdraw from the contract and cancel the placed order, as well as refund 100% of the funds paid by the Customer in the event of an error, technical system failure, hacker intrusion, and other reasons affecting uncontrolled changes to the content and prices offered by the store.
The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
For orders placed in the store by the Buyer for amounts greater than PLN 5,000 gross, the Seller reserves the right to accept payment in any form except cash on delivery, the so-called "cash on delivery"
For orders placed in the store by the Buyer for amounts greater than PLN 10,000 gross, the Seller reserves the right to confirm the order separately by email, in addition to the automatic confirmation by the store system, under penalty of invalidity of the order. In other words, orders over PLN 10,000 must be checked and confirmed by the Seller.
For orders placed in the store by the Buyer for high amounts such as more than PLN 10,000 gross, appearing unrealistic (mistaken), e.g. expensive items in several pieces and others, the Seller reserves the right to verify such an order with the Buyer by phone or email, and if such contact is not possible or the Buyer confirms errors in the order, the Seller will cancel the order.

4. PAYMENT METHODS AND TERMS FOR THE PRODUCT

The Seller provides the Customer with the following payment methods for Sales Agreements:

Cash payment upon personal collection.
Payment by bank transfer to the Seller's bank account.
Electronic payments and card payments via PayU and PayPal – the currently available payment methods are specified on the Online Store website in the information tab regarding payment methods.

Payment deadline:

If the Customer chooses payment by bank transfer, electronic payments, or card payment, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement.
If the Customer chooses cash on delivery upon receipt of the shipment or cash payment upon personal collection, the Customer is obliged to make payment upon receipt of the shipment.

5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT AND COLLECTION

Delivery of the Product is available within the territory of the Republic of Poland and within the territory of the European Union, after selecting the appropriate delivery option.

Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the ordering process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

Personal collection of the Product by the Customer is free of charge.

The Seller provides the Customer with the following methods of delivery or collection of the Product:

Courier shipment.
Personal collection available at: BOARD SPORT POLSKA sp z o.o Al.Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa, from 10:00 to 18:00.

The delivery time of the Product to the Customer is up to 30 Business Days, unless a shorter period is specified in the description of the given Product or during the ordering process. In the case of Products with different delivery times, the delivery time is the longest specified period, which may not exceed 30 Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:

If the Customer chooses payment by bank transfer, electronic payment or card payment - from the date the Seller's bank account or settlement account is credited.
If the Customer chooses cash payment – from the date of conclusion of the Sales Agreement.
The Product readiness for collection period – if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within up to 7 Business Days, unless a shorter period is specified in the description of the given Product or during the ordering process. In the case of Products with different readiness times for collection, the readiness time for collection is the longest specified period, which may not exceed 7 Business Days. The Customer will additionally be informed by the Seller when the Product is ready for collection. The start of the Product readiness period for collection by the Customer is calculated as follows:
1. If the Customer chooses payment by bank transfer, electronic payment or card payment - from the date the Seller's bank account or settlement account is credited.
2. If the Customer chooses cash payment upon personal collection – from the date of conclusion of the Sales Agreement.

6. PRODUCT COMPLAINT

The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable provisions of law, in particular the Civil Code (in particular Articles 556-576 of the Civil Code). For Sales Agreements concluded up to 24 December 2014, the basis and scope of the Seller's liability towards a Customer who is a natural person purchasing the Product for purposes unrelated to professional or business activity, for non-conformity of the Product with the Sales Agreement, are defined by generally applicable provisions of law, in particular the Act of 27 July 2002 on specific conditions of consumer sales and on amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended).

The Seller is obliged to deliver the Product to the Customer free from defects. Detailed information regarding the Seller's liability for defects in the Product and the Customer's rights are specified on the Online Store website in the information tab regarding complaints.

A complaint may be submitted by the Customer, for example:

in writing to the address: BOARD SPORT POLSKA sp z o.o Al.Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa.
in electronic form via email to: boardsport@boardsport.pl;

The Customer is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect; (2) the requested method of bringing the Product into conformity with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complainant – this will facilitate and speed up the Seller's handling of the complaint. The requirements stated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

In the case of Products marked on the online store website as used, demo or display items, with a detailed description of the Products and a description of their defects, the Seller is released from liability under the warranty if the Buyer knew about the defect at the time of concluding the contract, in accordance with Article 557 § 1 of the Civil Code.

The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested replacement of the item or removal of the defect, or has submitted a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is deemed to have accepted the request as justified.

The Customer exercising rights under the warranty is obliged to deliver the defective Product to the address:

BOARD SPORT POLSKA sp z o.o Al. Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa,

In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

At the President of the Office of Competition and Consumer Protection there is also a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, among other thingsproviding assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

The consumer has the following examples of options for using out-of-court complaint and claim settlement procedures: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the Provincial Inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Seller conducts business activity); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and via the consumer helpline 801 440 220 (helpline open on Working Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).

At http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and traders at EU level (the ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform's website itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
(APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)

A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:

in writing to the address: BOARD SPORT POLSKA sp z o.o, Al.Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa,
electronically via email to: boardsport@boardsport.pl;

An example withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Terms and Conditions and on the Online Store website in the section concerning withdrawal from the contract. The consumer may use the form template, but it is not mandatory.

The period for withdrawal from the contract begins:

for a contract under which the Seller delivers the Product and is obliged to transfer ownership of it (e.g. a Sales Contract) – from the taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers multiple Products delivered separately, in batches or in parts – from the taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from the taking possession of the first Product;
for other contracts – from the date of conclusion of the contract.

In the event of withdrawal from a distance contract, the contract shall be deemed not concluded.

The Seller is obliged to promptly, and no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, refund to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the Customer's chosen method of delivery other than the cheapest ordinary delivery method available in the Online Store). The Seller shall make the refund using the same payment method used by the consumer, unless the consumer has expressly agreed to another refund method that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, whichever occurs first.

The consumer is obliged to promptly, and no later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send back the Product before its expiry. The consumer may return the Product to the address: BOARD SPORT POLSKA sp z o.o, Al.Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa,

The consumer is liable for any diminution in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.

Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

If the consumer chose a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
The consumer bears the direct cost of returning the Product.
In the case of a Product being a service, the performance of which - at the consumer's express request - began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount payable is calculated proportionally to the scope of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the service performed shall be the basis for calculating this amount.

The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:

for the provision of services, if the Seller has fully performed the service with the consumer's express consent, who was informed before the performance began that after the Seller has performed the service, he will lose the right of withdrawal from the contract;
where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the withdrawal period;
where the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or intended to meet his individualized needs;
where the subject of the service is a Product liable to deteriorate rapidly or having a short shelf life;
where the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
where the subject of the service is Products which, after delivery, due to their nature, become inseparably mixed with other items;
where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market, over which the Seller has no control;
in which the consumer expressly requested that the Seller come to them to carry out urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or supplies Products other than spare parts necessary to carry out the repair or maintenance, the right to withdraw from the contract applies to the consumer in respect of the additional services or Products;
where the subject of the service is audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
for the supply of newspapers, periodicals or magazines, except for a subscription contract;
concluded by way of public auction;
for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of performance of the service;
for the supply of digital content that is not supplied on a tangible medium, if performance has begun with the consumer's express consent before the expiry of the withdrawal period and after the Seller has informed them of the loss of the right of withdrawal from the contract.

9. PROVISIONS CONCERNING ENTREPRENEURS

This section of the Terms and Conditions and the provisions contained therein apply only to Customers and Service Recipients who are not consumers. Companies, Wholesale Recipients.

The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact that the Sales Agreement has been concluded.

Upon the Seller's release of the Product to 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 who is not a consumer. In such a case, the Seller shall not be liable for loss, shortage or damage to the Product arising from the time it is accepted for carriage until it is delivered to the Customer, nor for delay in the transport of the shipment.

If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the shipment in the time and manner customary for shipments of this kind. If they find that a shortage or damage to the Product occurred during transport, they are obliged to take all actions necessary to establish the carrier's liability.

In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.

In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.

The liability of the Service Provider/Seller towards a Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement, but not more than PLN 1,000. The Service Provider/Seller is liable towards a Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits towards a Service Recipient/Customer who is not a consumer.

Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10. FINAL PROVISIONS

Contracts concluded via the Online Store are concluded in Polish or English (store language version)

Changes to the Terms and Conditions:

The Service Provider reserves the right to amend the Terms and Conditions for important reasons, namely: changes in legal regulations; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
In the case of contracts of a continuous nature concluded under these Terms and Conditions (e.g. provision of the Electronic Service – Account), the amended terms and conditions shall bind the Service Recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. If the change to the Terms and Conditions results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
In the case of contracts concluded under these Terms and Conditions that are not continuous contracts (e.g. Sales Agreement), changes to the Terms and Conditions shall in no way affect the rights acquired by Service Recipients/Customers who are consumers before the date the changes to the Terms and Conditions enter into force; in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted, nor Sales Agreements concluded, being performed or performed.

In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded up to 24 December 2014 with Customers who are consumers - the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Specific Conditions of Consumer Sale and on Amendments to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.

Definitions:

WORKING DAY – one day from Monday to Friday excluding public holidays.
REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to an electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – Electronic Serviceroniczna, marked with an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, new items and promotions in the Online Store.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these terms and conditions of the Online Store.
ONLINE STORE - the Service Provider’s online store available at the internet address: www.flowshop.pl
SELLER; SERVICE PROVIDER – BOARD SPORT POLSKA sp z o.o, o ne NIP : 5272833202 with its registered office in Warsaw and business address: Al.Prymasa Tysiąclecia 46 lok 5, 01-242 Warszawa, tel. +48 22 8207296
SALES AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
ACT ON CONSUMER RIGHTS, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
ORDER - a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

11. MODEL WITHDRAWAL FORM

• Download the model withdrawal form