TERMS AND CONDITIONS OF FLYSPOT ONLINE SHOP
The Terms and Conditions set out the principles of operation of the Flyspot Internet shop, placement of orders for Products, delivery and payment of the Product price, as well as terms of lodging and processing complaints and Consumer rights to withdraw from Product Orders.
Flyspot – AEROTUNEL Spółka z ograniczona odpowiedzialnością seated in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000587608, tax identification number (NIP): 5252533508. Flyspot’s contact details: e-mail: [email protected], tel: 698626500; Customer – natural person having full capacity to legal acts, legal person or organizational unit without legal personality but having capacity to legal acts;
Consumer – natural person buying a Product for purposes not directly related to his/her business or professional activity;
Products – goods offered by Flyspot through the Service, including clothes, accessories, etc., and Vouchers;
Registration – process of setting up Customer account in the Service involving Customer data for his/her identification in the Service and for placement and execution of Orders;
Service – Internet shop run by Flyspot, available at the address: sklep.Flyspot.com;
Terms and Conditions – these Terms and Conditions setting out the terms of distant sale of Products;
Act – Act of 30 May 2014 on the rights of consumers;
Voucher – Product entitling to take advantage of the service offered by Flyspot, including especially the service of flight in a wind tunnel or flight simulator. Unless the Terms and Conditions provide any specific terms on Vouchers, the terms of their purchase by Customers are governed by the provisions hereof relating to Products;
Order – order of a Product placed by a Customer through the Service.
1. Registration in the Service is effected by completing the registration form available on the website sklep.Flyspot.pl. Upon its completion, Customer will receive an email at the address entered in the form for the purpose of confirming the Registration. In the email, the Customer will be sent registration data (account login and password) entitling to log into the account. The first log into the account is equivalent to its activation. In case of loss of the account login or password, Customer may use the procedure of their recovery by clicking on appropriate fields available in the Service. 2. During Registration, Customer is obliged to provide actual data. 3. Customer should keep secrecy of and duly protect the login and password. 4. As far as permissible by law, Flyspot shall not be liable for any consequences of the Customer’s provision of erroneous or incomplete data or consequences of use of the Customer’s login and password by a third party. 5. Registration is not necessary to view the Service offer. 6. Purchase in the Service is available both to customers who previously completed Registration and other Customers, upon provision of appropriate data during the purchase procedure.
4. ORDERING PRODUCTS; PRICE; PAYMENT METHODS
1. To place an order for a Product, it is necessary for Customer to have a computer with Internet access and Internet browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.) as well as an active email account. 2. The information provided in the System is not an offer in the understanding of the Civil Code, but only an invitation to conclude a contract for sale. 3. To place an order, Customer should select the Product or Products. Optionally, Customer may express additional wishes during the Order’s placement, according to the options available in the Service, especially concerning the place of delivery other than Customer’s place of residence or seat, request for an invoice, etc. 4. When purchasing a Product, Customer should select its appropriate options described in the Service, such as size, colour, etc. In case of Vouchers, Customer should select the Voucher type, depending on the type and scope of the service desired by Customer and, if needed, select additional options, such as, e.g., days of the week when the Voucher service may be used. 5. Order is placed upon Customer’s clicking of the button “Order and Pay” or its equivalent. 6. Payment for Products is possible with the use of the electronic payment methods available in the System, especially through DOTPAY. The payment service is offered to Customers by Dotpay S.A. seated in Cracow. Before making the payment, Customer should read and accept Dotpay’s Terms of Payment. 7. After placing the Order and making the payment for the Product, Customer will receive an email at the address submitted in Customer’s account or in the Order placement procedure including the Order’s confirmation. 8. The contract between Customer and Flyspot for the purchase of a Product is concluded for a specific term equal to performance by the Parties of the obligations arising from such contract. The contract may be terminated in the manner and on the terms specified in these Terms and Conditions, the Civil Code and the Act. In case of purchase of Vouchers, the contract also expires upon expiry of the Voucher, with no further claims on the part of the Customer or Flyspot. The expiry term of the Voucher is indicated in the Service and on the Voucher itself. 9. The subject of contracts for sale through the Service are Products whose main features are listed in the Service. The Product prices indicated in the Service include the value added tax or are quoted in net and gross amounts, in Polish zlotys. Before placing an Order, Customer may view in the Service the costs of the Product’s delivery, and upon selection of the delivery option, Customer is informed and accepts the final amount to be paid, composed of the Product’s gross price and the delivery cost and, if applicable, costs of financial services fees.
5. DELIVERY; PRODUCT QUALITY
1. The Product delivery period is 5 working days (Monday through Friday, excluding public holidays). 2. The product is sent to Customer by courier service, to the address indicated by Customer in the Order. 3. The provisions of paragraphs 1 and 2 do not refer to Vouchers where Customer selects the option of electronic delivery (electronic Voucher). Such Vouchers are posted in electronic form to the email address indicated by Customer immediately upon receipt of payment for the Order. 4. If it turns out, after the placement of Order, that the Product is unavailable, Flyspot will notify this to Customer to his/her email address and return the funds paid by Customer. Where certain Products indicated in the Order are unavailable or if the Product may be delivered but within a period longer than specified in paragraph 1, Customer may decide to annul the order in part or in whole. 5. Flyspot offers the possibility to send Products only to Customers in Poland. If Products are to be delivered abroad, Customer should contact Flyspot. This restriction does not relate to Products sold in electronic form. 6. In case of postage damages, it is recommended to draw up a shipping damage report to facilitate assertion of any possible claims. 7. Flyspot undertakes to deliver Products free of any defects. 8. In case of Product’s physical defects: i. where Customer is a Consumer – Flyspot shall be liable to Customer in accordance with the Terms and Conditions, the Civil Code and the Act. In particular, Flyspot shall be liable to Consumers under the statutory warranty on the terms set out in the Civil Code; ii. where Customer is not a Consumer, in case of a Product’s defect, Flyspot undertakes – at its discretion – to replace the Product for a defect-free one or return the price paid for the defective Product (withdraw from the contract). Other than that, Flyspot’s liability for physical defects of a Product, including especially liability under the statutory warranty, shall be excluded. 9. In case of a Product’s legal defects, provisions of the Civil Code shall apply.
6. WITHDRAWAL FROM THE CONTRACT
1. Subject to Art. 7(4) of these Terms and Conditions, Customer who is a Consumer has the right to withdraw from the contract for sale of a Product, without giving reason and without incurring any costs except for expenses specified in Art. 33, Art. 34(2) and Art. 35 of the Act, within 14 days from the date of the Product’s receipt. To comply with the deadline, it suffices to send a notice of withdrawal from the contract before its expiry. 2. The notice of withdrawal may be sent by traditional mail or email to the address: [email protected] 3. Customer may use the following model notice of withdrawal: – Addressee: AEROTUNEL Spółka z ograniczona odpowiedzialnością Sp.K., 00-090 Warszawa, Al. Solidarności 75/26, e-mail: [email protected] – I/We(*) hereby notify about my/our withdrawal from the contract for sale of the following items: __________________ – Date of the contract’s conclusion (*)/receipt(*) – Full name of the Consumer(s) – Address of the Consumer(s) – Signature of the Consumer(s) (only if the form is sent in paper form) – Date (*) delete as appropriate. 4. Flyspot will confirm receipt of the notice of withdrawal from the contract by posting an email to Customer to his/her email address. 5. Consumer shall be obliged to return the Product promptly, however, not later than within 14 days of the date of his/her withdrawal from the contract. The Product should be sent to Flyspot’s address indicated in the Definitions of these Terms and Conditions. Vouchers sent electronically do not need to be sent back. Upon receipt by Flyspot of Customer’s notice of withdrawal from the contract, Flyspot will block the code placed on the Voucher, which enables use of the service. 6. In case of withdrawal from the contract by a Consumer, Flyspot will pay to the Consumer promptly the payments made by the latter, including the costs of the Product’s delivery, pursuant to the provisions of the Act. Where the Consumer chose a method of the Product’s delivery other than the cheapest one offered in the Service, Flyspot is not obliged to return to the Consumer the additional expenses incurred. 7. The direct costs of the Product’s return are borne by the Customer. Flyspot does not collect any COD (cash on delivery) postages and shall not be responsible for any costs relating to such postages. 8. Flyspot will return payments using the same payment method as the Consumer. 9. Consumer shall be liable for any decrease of the Product’s value resulting from its use other than necessary for the determination of the character, features and operation of the Product
7. SPECIFIC TERMS ON VOUCHERS
1. Voucher – in its validity period – entitles to use the services offered by Flyspot, according to the description published in the Service for a given Voucher. To take advantage of such services, it is necessary to make a booking in the booking system according to the instructions enclosed to the Voucher (tab ‘Use the Voucher’), including to enter on the Service website the code placed on the Voucher. 2. It is possible for Customer to change the previously made booking (not later than 1 hour before the booked flight), however, only subject to availability of appointments for a given service and with the proviso that that such modification may be subject to an additional payment, whose amount and method will be indicated in the Service. The amount of such payment may depend, in particular, on the time remaining to the booked flight at the moment of the intended change. 3. Vouchers are valid for a 12-month period of their purchase date and entitle to book services within the above deadline. 4. Under Art. 38(12) of the Act, upon use of a Voucher for booking a service (i.e. choice of the date and time of the service and entry of the Voucher code), Customer may not withdraw from the Contract, also in the case of Consumer contracts.
1. Complaints may be submitted via email to the address: [email protected] or by mail to Flyspot’s address indicated in the Definitions. 2. A complaint should, in particular, contain Customer’s details, the number of Order and description of the complaint. 3. Flyspot will process a complaint within 14 days of its receipt, by notifying Customer of its result to the address form which the complaint was sent.
9. PERSONAL DATA PROTECTION
1. The Controller of Customer’s personal data is AEROTUNEL Spółka z ograniczoną odpowiedzialnością Sp.k., seated in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000587608, tax identification number (NIP): 5252533508, email: [email protected] (‘Flyspot’). 2. Personal data will be processed by Flyspot for purposes necessary for the performance of the contract between the Customer and Flyspot for the services provided by Flyspot (especially flights in a wind tunnel or flight simulator) or the sale of Products offered by Flyspot. Moreover, Flyspot may use personal data for purposes relating to legally legitimate interests of the Controller, in particular, for the marketing of services provided by Flyspot, including personal data profiling for the above needs, with the proviso that Customer, at any time, has the right to object to the processing of his/her personal data for the purposes set out in this sentence. 3. For marketing purposes, Flyspot may also process personal data under a separate consent given by Customer, within the scope of the consent. Such consent is voluntary and Customer may revoke it at any time, which, however, will not affect legality of the consent-based processing of personal data prior to the withdrawal of such consent. 4. Personal data may be transferred to data processors on Flyspot’s instruction, e.g. marketing agencies, and subcontractors of our services (e.g. couriers). 5. In case of acquisition of a service offered by Flyspot, Customer’s personal data (full name) may be visible on the display panel inside the Flyspot building, in the ‘flight queue’. During the booking of the service, Customer may – by editing an appropriate booking field – place only Customer’s pseudonym (nick) in the flight queue, as entered in the booking details. 6. Subject to paragraph 7 below, for the purposes of performing the contract, Customer personal data will be stored by Flyspot throughout the contract period, and then – for a period required by legal provisions. 7. With regard to Customers who completed Registration for the Service, personal data will be stored by Flyspot throughout the period of the Service’s use and 12 months following the last login to the Service. Regarding personal data processed for marketing purposes, Flyspot will process it until receipt of a possible objection from Customer or withdrawal of Customer’s consent. 8. Apart from the remaining rights mentioned in this Article of the Terms and Conditions, Customer may claim from Flyspot the access to his/her personal data, its rectification, erasure or restriction of processing, as well as the right to data portability and to lodge objection to the supervisory authority. 9. Provision of personal data is voluntary, however, it is necessary for the purposes of performance of the contract with Flyspot.
10. FINAL PROVISIONS
1. Flyspot reserves the right to temporarily suspend availability of the Service, especially in the case of its maintenance, repair or enlargement. 2. To the furthest legally permissible extent, Flyspot shall not be liable for the blocking by mail server administrators of emails sent to the address indicated by Customer, and for deletion or blocking of emails by the software installed on the computer used by Customer. 3. Flyspot, to the furthers legally possible extent, shall not be liable for any disturbances, including disruptions, in the operation of the Service caused by force majeure, inadmissible third party actions or incompatibility of the Service with the Customer’s technical infrastructure. 4. For statistical purposes and to ensure the highest quality of services, the Service uses information saved by the server on Customer’s terminal device, which is then read on each browser connection (so called cookies). The Customer may, at any time, change browser settings so that it does not accept such files or informs about their transfer. Non-acceptance of cookies may cause impediments to use of the Service. Customer’s use of a browser whose settings accept the installation of cookies on Customer’s device implies consent to the storage of the above files on Customer’s device. 5. Customer is obliged to refrain from any acts that could disturb proper operation of the Service, especially from tampering with the software enabling operation of the System or contents presented in the System, and from providing any unlawful contents. 6. Subject to the liability mentioned in Art. 5(8) of the Terms and Conditions, Flyspot does not envisage any guaranties for Products or after sales services. Flyspot is not bound by the Code of Good Practice mentioned in Art. 2 item (5) of the Act on combatting unfair market practices. 7. All disputes arising from the contract for the delivery of a Product will be heard by the competent ordinary court. In the event of consent by Customer and Flyspot, the dispute may be submitted for out-of-court resolution. In particular, the case may be referred to a permanent consumer arbitration court agreed by the Parties. 8. In matters not regulated in these Terms and Conditions, the provisions of Polish law shall apply.