§1 GENERAL PROVISIONS
- This Online Store Regulations (hereinafter referred to as the "Regulations") defines the rules for using the Online Store, including, among others, placing and fulfilling Orders, using the Customer Account, the complaint procedure, and the rights related to withdrawal from the Sales Agreement.
- The Regulations are made available to the Customer at the address Store Regulations free of charge, before concluding the Sales Agreement, in a manner that allows for obtaining, reproducing, and storing the content of the Regulations using the ICT System used by the Customer.
- The Customer is obliged to comply with all provisions of the Regulations. Sales are conducted based on the current version of these Regulations, i.e., the version that is binding and accepted by the Customer at the time of placing the Order.
- The conclusion of an agreement for the provision of electronic services for the Customer Account indicated in these Regulations is conditional upon registration in the Online Store, reviewing and accepting the content of these Regulations.
- By concluding the agreement for the provision of electronic services for the Customer Account, the Seller undertakes to continuously provide the Customer with access to the Customer Account and use of the Online Store to the full extent based on, within, and under the principles indicated in these Regulations.
§2 DEFINITIONS
- Wherever the Regulations refer to:
- "Seller" - this shall mean Airflow Pro Sp. z o.o., address Wierzbięcice 44A, 61-568 Poznań, NIP number: 9721317186, REGON number: 383460236, e-mail kontakt@maciejszyszka.pl - who operates the Online Store and through it sells Goods;
- "Customer" - this shall mean a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, to which the law grants legal capacity - using the Online Store, including with the help of the Customer Account created for them by the Seller;
- "Consumer" - this shall mean a Customer who is a natural person, using the Online Store, in particular making purchases, in a scope not directly related to the Customer's business or professional activity;
- "Parties" - this shall mean jointly the Seller and the Customer;
- "Sales Agreement" - this shall mean a distance contract, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the rules set out in the Regulations.
- "Online Store" - this shall mean the online platform airflowpro.pl administered by the Seller, available online through the website airflowpro.pl, through which the Customer can purchase Goods;
- "ICT System" - this shall mean a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks using a telecommunication terminal device appropriate for a given type of network within the meaning of the Act of July 16, 2004 - Telecommunications Law (Journal of Laws of 2019, item 2460 as amended);
- "Goods" - this shall mean a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. The photos of the Goods are for illustrative purposes; this means that the Goods in the photos may slightly differ from their actual appearance due to the Customer's individual computer equipment settings (e.g., color saturation, proportions)
- "Customer Account" - this shall mean an individual account created for the Customer as part of the electronic services provided by the Seller, through which the Customer accesses the Online Store and has the possibility, among other things, to place Orders in a simplified manner;
- "Electronic Address" - this shall mean an designation of an ICT System enabling communication by means of electronic communication, in particular e-mail;
- "Price" - this shall mean the gross value of the Goods expressed in PLN currency, including value-added tax. The Price does not include the delivery cost, which depends on the method of delivery of the Goods to the Customer, as well as on the value and size of the Order and is given when the Customer selects the method of delivery of the Goods. The total cost of the Order (i.e., the price of the Goods together with other costs, including delivery costs) is indicated in the basket before the Customer places the Order;
- "Personal Data" - this shall mean information about an identified or identifiable natural person;
- "Personal Data Administrator" - this shall mean the Seller, who acting in this role independently or jointly with others determines the purposes and methods of processing Personal Data;
- "Regulations" - this shall mean this document;
- "GDPR" - this shall mean REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1);
- "Order" - this shall mean a declaration of will of the Customer submitted via the Online Store specifying: the type and quantity of ordered Goods; the type of delivery; the type and amount of payment; the place of delivery of the item, Customer data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
- The Online Store is operated by the Seller.
- The Online Store is not intended for wholesale sales. If the Customer wishes to purchase Goods in wholesale quantities, the Customer should contact the Seller by email by sending an inquiry to the Seller's Electronic Address: kontakt@maciejszyszka.pl. If the content of the Order placed through the Online Store indicates that the order is of a wholesale nature, the Seller has the right to refuse to fulfill such an Order by informing the Customer about it through an appropriate message in the Online Store or by contacting the Customer in this regard.
- Information about the Goods placed on the pages of the Online Store does not constitute an offer within the meaning of the provisions of the civil code, but an invitation to submit offers within the meaning of art. 71 of the civil code.
- Information about the Goods placed in the Online Store does not mean that the Goods are actually available from the Seller and that it is possible to fulfill an Order for them.
- Goods presented in the Online Store may have a manufacturer's, importer's or Seller's warranty, which covers the territory of Poland. The warranty period for each Good is indicated in its description. Detailed conditions for the implementation of the warranty are specified in the warranty card issued by the guarantor.
- The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional campaigns in the Online Store, in particular on the basis of the regulations of the given promotion. The introduced changes do not affect the validity and execution of Orders previously placed by the Customer.
- The Seller provides access to the Online Store for the Customer only online and under the condition that the Customer provides, at their own expense:
- computer equipment with an operating system allowing the use of Internet resources,
- Internet connection;
- access to an individual e-mail account;
- a properly configured web browser in the latest official version with the option of handling "cookies" enabled (e.g., Mozilla Firefox, Google Chrome, Safari, Opera)
- Subject to different provisions of the Regulations, the Online Store is available to the Customer during the period of their use of the Online Store, around the clock and seven days a week.
- The Seller reserves the possibility of online unavailability of the Online Store for the Customer in order to ensure the security and stability of the Online Store for the purpose of repairs, maintenance, troubleshooting, introducing necessary adaptations, changes, and other similar activities.
- The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing existing functionality.
§4 CUSTOMER ACCOUNT
- The condition for the Customer to use the full range of functionalities of the Online Store is the acceptance of the provisions of the Regulations, free registration of the Customer Account in the Online Store and confirmation of this registration by the Seller.
- Creating a Customer Account is not necessary to place an Order in the Online Store.
- By registering a Customer Account and accepting the provisions of the Regulations, the Customer makes a declaration of will expressing consent to the provision of electronic services for maintaining a Customer Account in accordance with the provisions of the Regulations.
- During the registration of the Customer Account, the Customer enters a login and password determined by them and known only to them. The Customer is obliged to ensure that their login and password remain confidential, and in particular, they may not disclose them to unauthorized persons.
- The Customer should, in order to register a Customer Account:
- fill in the registration form located in the Online Store;
- fill in all fields of the form marked with an asterisk as mandatory;
- accept the Regulations.
- The data entered in the registration form during the registration of the Customer Account should relate to the Customer and should be true.
- During the registration of the Customer Account, a confirmation of the registration of the Customer Account in the Online Store will be sent to the Electronic Address provided in the registration request, with a request to verify the data and complete the registration of the Customer Account. At this moment, the agreement for the provision of electronic services for maintaining a Customer Account is concluded, and the Customer gains access to the Customer Account and the ability to change the data provided during registration.
- The Seller may refuse to accept the registration of the Customer Account and conclude an agreement for the provision of electronic services for important reasons.
§5 ORDERS AND THEIR FULFILLMENT
- Orders can be placed via the electronic Order form available in the Online Store, around the clock, 7 days a week.
- The Customer can place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary for the fulfillment of the Order.
- To place an Order via the Online Store, the Customer adds the selected Goods to the basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and performs other technical actions based on the messages displayed to the Customer, including indicating the method of delivery and form of payment. Then the Customer places the Order by sending the electronic Order form to the Seller, selecting the "Order with obligation to pay" (or equivalent) button on the Online Store website. In order to place an Order, it is necessary for the Customer to first accept the provisions of the Regulations. In the Order summary, before sending it to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e., the Price for the selected Goods, the delivery cost, as well as all additional costs that they will incur in connection with the Order.
- Sending the Order by the Customer constitutes an offer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the Order.
- After placing the Order, the Seller sends information about accepting the Order for fulfillment to the Electronic Address provided by the Customer. This information constitutes the Seller's statement of acceptance of the offer, which is equivalent to the conclusion of the Sales Agreement by the Parties.
- The Price given in the basket at the time the Customer places the Order is binding and final.
- For an Order placed in the Online Store, the Customer can pay:
- cash on delivery - in the case of delivery of Goods by courier or personal collection of Goods by the Customer, or
- in advance - by traditional bank transfer to the Seller's payment account number: 23 1140 2004 0000 3902 8130 9014 or by means of electronic payments and payment by payment card via electronic payment operators.
- When making a payment, the Customer will be informed of the amount directly before making the payment, as well as about the available payment methods and the data of the operator processing the payments. Detailed regulations for making payments through electronic payment operators are available on the website of the respective operator.
- In order to make a payment through an electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator, to whom they will be redirected from the Online Store, and immediately make the payment for the placed Order.
- The Customer declares that they agree to the Service Provider using and transmitting electronic invoices that do not require signatures of the parties in pdf format by sending them to the Electronic Address indicated by the Customer. The Seller provides the Customer with an electronic invoice immediately after receiving payment for the Order.
- The Seller delivers Goods only within the territory of the Republic of Poland, unless otherwise stipulated in the description of the given Goods.
- When placing an Order, the Customer chooses the method of delivery of the Goods. The Goods can be delivered to the Customer:
- by courier company,
- by parcel locker,
- by personal collection of the Goods by the Customer at the Seller's premises.
- The Seller provides information in the Online Store about the number of working days required to deliver the Goods using a specific delivery method.
- When collecting the shipment with the Goods, the Customer should check its condition, and in case of finding damage or violation of the packaging, it is recommended that the Customer prepare a damage report in the presence of the person delivering the Goods. The Customer should immediately send the damage report to the Seller along with any possible complaint.
- The Seller reserves a maximum order fulfillment time of 30 days. After the unsuccessful expiry of this period, the Customer may cancel the Order by sending a statement of cancellation of the Order to the Seller. In such a case, the Seller shall immediately return to the Customer being a Consumer all payments made by them, including any costs of delivery of the Goods.
- The Seller attaches a sales confirmation in the form of a VAT invoice or fiscal receipt to each delivered Order. In the case where the Buyer is a VAT payer and wants to receive an invoice, they should send the Seller relevant information about this, e.g., via email directly after the purchase, providing the necessary data.
§6 TERMINATION AND EXPIRY OF THE SERVICE PROVISION AGREEMENT
- This chapter does not apply to Sales Agreements, but applies only to agreements for the provision of electronic services for maintaining a Customer Account.
- The agreement for the provision of electronic services may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the agreement by sending the Customer a message to the Electronic Address indicated by the Customer in the Customer Account.
- The Seller has the right to terminate the agreement for the provision of electronic services at any time for important reasons with a 14-day notice period. The Seller terminates the agreement for the provision of electronic services by sending a relevant declaration of will to the Customer at the Electronic Address indicated by the Customer in the Customer Account.
- The agreement for the provision of electronic services expires in case of:
- Death or liquidation of the Customer;
- Liquidation of the Seller or cessation of business activity by the Seller.
§7 PERSONAL DATA PROTECTION
- The Seller, as the Personal Data Administrator, makes every effort to ensure all possible physical, technical, and organizational protection of Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable laws, including the GDPR.
- The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer increasingly perfect functionalities of the Online Store and more tailored advertisements. If the Customer does not agree to the saving and receiving of information in cookies, they can change the rules regarding cookies using the settings of their web browser or by applying the so-called opt-out on the website of the provider of the given technological solution. Detailed information regarding the technologies used by the Seller is available in the Cookies Policy available at airflowpro.pl
- More information on the processing of Personal Data by the Seller can be found in the Privacy Policy available at airflowpro.pl
§8 LIABILITY
- The Customer is obliged to use the Online Store in accordance with its intended purpose and refrain from any activity that could disrupt its proper functioning.
- The Customer is prohibited from introducing illegal content into the Online Store area. The Customer bears full responsibility for the correctness, scope, completeness, content, and compliance with the law of the data entered and stored in the Customer Account.
- To the extent permitted by law, the Seller is not liable for:
- blocking by mail server administrators that handle the Customer's email messages, messages sent by the Seller to the Customer's Electronic Address, and for deleting and blocking email messages sent by the Seller by software installed on the computer equipment used by the Customer;
- improper operation of the Online Store resulting from the fact that the Customer's computer equipment, software, or Internet access do not meet the technical requirements specified in the Regulations;
- the consequences of the Customer providing incorrect or untrue Customer data during the registration of the Customer Account or placing an Order.
- The Online Store may contain links to other websites. The Seller is not responsible for the content, form, and correctness of the information contained in these links. Browsing the content of the links is done at the Customer's own risk.
- The Seller reserves the right to place advertising content in any part of the Online Store in forms used on the Internet. The Seller is not responsible for the advertising content placed in the Online Store and for claims of third parties resulting from this title.
- Subject to mandatory legal provisions, to the maximum extent permitted by law, the Seller's liability for damages caused to Customers who are not Consumers is limited to the amount that such Customer paid to the Seller for the purchase of the given Goods, regardless of the source and legal basis of the claim of a Customer who is not a Consumer, and liability for lost profits is also excluded.
§ 9 WITHDRAWAL FROM THE SALES AGREEMENT
- The Consumer is entitled to withdraw from the concluded Sales Agreement, without giving a reason, within 14 days from the day of receiving the Order. This period begins:
- from the acquisition of possession of the Goods by the Consumer or a third party indicated by them other than the carrier,
- in the case where the Sales Agreement covers many Goods that are delivered separately, in batches or in parts - from the acquisition of possession of the last Good, batch or part
- in the case where the Sales Agreement involves the regular delivery of items for a specified period - from the acquisition of possession of the first item;
- for other cases - from the date of conclusion of the Sales Agreement.
- To meet the deadline for withdrawing from the Sales Agreement, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the agreement before the deadline for withdrawal from the agreement expires.
- In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a statement of withdrawal, preferably to the Electronic Address kontakt@maciejszyszka.pl. If the Consumer uses this option, the Seller will immediately send the Consumer confirmation of receipt of the information about withdrawal from the agreement on a durable medium (for example, by email).
- The statement of withdrawal from the Sales Agreement can be formulated as follows (however, adhering to the following formula is not mandatory):
Statement of withdrawal from the Sales Agreement
Seller's Name: Airflow Pro Sp. z o.o.
Seller's Address: Wierzbięcice 44A, 61-568 Poznań
Seller's email: kontakt@maciejszyszka.pl
Hereby I/we (*) withdraw from the agreement for the purchase of the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Consumer's Name(s): ____________________________________________
Consumer's Address(es): ____________________________________________________
Consumer's Signature(s) (only in the case of paper statements):_______________________
Date: ___________________________________________________________________
(*) delete as appropriate
- In case of withdrawal from the Sales Agreement, the agreement is considered not concluded.
- The Seller shall return to the Consumer all payments received in connection with the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the delivery cost, provided that in the case of reimbursement of delivery costs, the Seller is obliged to return only the cost of the ordinary, cheapest method of delivering the Order, offered by the Seller. The direct costs associated with the return of the Goods, which are a consequence of the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer.
- The Seller shall return the payments received from the Consumer, including the Price of the Goods and the delivery cost, immediately, but not later than within 14 days from the date of receipt of the statement of withdrawal from the Sales Agreement sent by the Consumer, subject to paragraph 8 below. The refund will be made using the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
- A Consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date of withdrawal from the agreement. To meet the deadline, it is sufficient to send the Goods before its expiry. The returned Goods should remain in a condition not exceeding what is necessary to ascertain the nature of the Goods, their characteristics, and functioning. The Seller may withhold the refund of payments for the Goods until the item is received or until proof of its dispatch is provided to the Seller, whichever occurs first.
- The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to Sales Agreements:
- in which the subject of the service is an item that is not prefabricated, produced according to the Consumer's specifications or serving to satisfy their individualized needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
- in which the subject of the service are items that, after delivery, due to their nature, are inseparably combined with other items;
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement;
- for the delivery of digital content that is not stored on a tangible medium, if the performance began with the express consent of the consumer before the expiry of the withdrawal period and after being informed by the entrepreneur about the loss of the right to withdraw from the agreement.
- The Consumer's rights referred to in this § 9 also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
§10 DEFECTS OF GOODS. COMPLAINTS.
- The Seller is obliged to provide the Customer with Goods free from defects.
- The Seller is liable to the Customer, under the warranty, for physical or legal defects of the Goods purchased by this Customer. In the case of non-consumer sales, the provisions contained in articles 556-576 of the civil code are excluded, with the exception of art. 5564 and 5565 of the civil code.
- The Consumer has the right to demand a reduction in price, removal of the defect, replacement of the defective product with a new one, or withdrawal from the Sales Agreement. This right also applies to a Customer who is a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- The Customer may submit complaints and information related to the non-performance or improper performance by the Seller of the Sales Agreement, including defects of the Goods, or the provision of electronic services specified in the Regulations in any form, including in particular by electronic means to the Seller's Electronic Address kontakt@maciejszyszka.pl or by mail to the Seller's address, Wierzbięcice 44A, 61-568 Poznań.
- In order to efficiently process the complaint, it should contain:
- Data of the person submitting the complaint (name and surname/name and address of the Customer, Electronic Address);
- Description of the event being the basis of the complaint;
- Customer's expectations as to the method of satisfying the complaint request;
- Proof of purchase, if the complaint concerns the ordered Goods.
- In the case of complaints regarding defects of Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the cost of delivery is covered by the Seller.
- The Seller will respond to the Customer's complaint within 14 (fourteen) calendar days from receiving the complete complaint submission and inform them of further actions related to the considered complaint.
- In the case of considering the complaint in favor of the Customer, the costs of replacing or repairing the Goods are borne by the Seller.
- The Customer will receive information on how the complaint was handled via electronic correspondence to the Electronic Address provided in the complaint submission.
§11 FINAL PROVISIONS
- These Regulations come into effect on May 8, 2025.
- The Seller reserves the right to unilaterally change the provisions of the Regulations, without the need to justify the reasons for such change, and at the same time undertakes to inform the Customer of each change to the Regulations by placing the unified text of the Regulations on the website http://airflowpro.pl/store-regulations. Changes to the Regulations do not affect orders placed by the Customer before the entry into force of the changes to the Regulations - such orders are fulfilled according to the provisions of the Regulations in force at the time of placing the order.
- Changes made to the Regulations enter into force 7 days after their content is made available on the website http://airflowpro.pl/store-regulations. If the Customer does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact, which results in the termination of the agreement for the provision of the Customer Account maintenance service in accordance with the provisions of §6 of the Regulations.
- In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2020, item 1740 as amended) and the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended).
- Any disputes arising from the performance of the Sales Agreement shall be resolved amicably by the Parties. In case of lack of agreement between the Parties being entrepreneurs as to the amicable settlement of the dispute within 60 days from the date of notification of the claim, the court having local jurisdiction over the Seller's registered office shall be competent to finally resolve the dispute.
- The Seller informs the Customer being a Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. These include, in particular:
- permanent, amicable consumer court operating at the Trade Inspection
- mediation proceedings regarding the amicable settlement of a dispute between the Customer and the Seller, which are conducted before the provincial inspector of the Trade Inspection;
- assistance in resolving a dispute between the Customer and the Seller provided by the competent district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
- online dispute resolution platform between consumers and entrepreneurs at the EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/