Online Store Terms and Conditions - extremedivers.eu

I. General Provisions

1. These Terms and Conditions of use define the general terms and conditions, the method of providing services electronically, and sales conducted through the Online Store extremedivers.eul. The Store is operated by Piotr Tokarski, conducting business under the name Extreme Divers Piotr Tokarski, entered into the Register of Entrepreneurs of the Central Registration and Information on Business, maintained by the Minister of Development, at Aleja Kraśnicka 148, 20-718 Lublin, NIP/Tax Identification Number: 9221110186, REGON number: 061466975, hereinafter referred to as the Seller.

2. Contact with the Seller is via:
a.email address: sklep@nurkowysklep.pl,
b.telephone number: +48 667 341 349,
c.registration form available at: http://www.nurkowysklep.pl/kontakt,16.html.

3. These Regulations are continuously available on the website extremedivers.eu, in a way that allows their acquisition, opening and recording of their content by printing or saving on a storage medium at any time.

4. The Seller inform that the use of services provided electronically may pose a risk to every Internet user, including the possibility of malicious software being introduced into the Customer's IT system and unauthorized persons obtaining and modifying their data. To avoid the risk of these threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular antivirus software and firewalls.

II. Definitions

The terms used in these Terms and Conditions have the following meanings:

1. Business Days – days from Monday to Friday, excluding public holidays;
2. Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality, to which special provisions grant legal capacity, who places an Order in the Online Store or uses other Services available in the Online Store;
3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store assigned to a given Customer, through which the Customer may perform specific actions within the Online Store;
5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Entrepreneur – a Customer who is an entrepreneur within the meaning of Article Article 43[1] of the Civil Code;
7. Regulations – this document;
8. Product – a product presented in the Online Store, the description of which is available for each product presented;
9. Sales Agreement – ​​the sale of Goods in accordance with the full Civil Code, concluded between the seller and the Customer;
10. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
11. Consumer Law Act – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827);
12. Electronic Services Act – the Act of July 18, 2002, on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
13. Order – a declaration of intent of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Rules for Using the Online Store

1. The Online Store may be used provided that the IT system used by the Customer meets the following minimum technical requirements:
a. a computer or mobile device with internet access,
b. email access,
c. Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1 or newer,
d. Cookies and Javascript must be enabled in the web browser.

2. Using the Online Store means any action by the Customer that leads to him/her becoming familiar with the content contained in the Store.
a. not provide or transmit any content prohibited by law, such as content that promotes violence, is defamatory, or violates personal rights or other rights of third parties,
b. use the Online Store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,
c. refrain from activities such as sending or posting unsolicited commercial information (spam) within the Online Store,
d. use the Online Store in a manner that does not cause inconvenience to other Customers and the Seller,
e.use all content posted on the Online Store only for personal use,
f.use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, and the general principles of using the Internet.

IV. Services

1. The Seller allows the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The Online Store Account service is available after registration. Registration is completed by completing and accepting the registration form available on one of the Online Store's pages. The agreement for the provision of the Online Store Account service is concluded for an indefinite period and terminates when the Customer submits a request to delete the Account or uses the "Delete Account" button.
3. The Customer may receive commercial information from the Seller in the form of messages sent to the email address provided by the Customer (Newsletter service). To do this, provide a valid email address or activate the appropriate field in the registration form or Order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter service agreement is concluded for an indefinite period and terminates when the Customer submits a request to remove their email address from the Newsletter subscription or unsubscribes using the link provided in the message sent as part of the Newsletter service.
4. The Customer may send messages to the Seller via the contact form. The agreement for the provision of the service consisting of providing an interactive form enabling Customers to contact the Seller is concluded for a fixed term and terminates upon the Seller's response.
5. The Customer may post individual and subjective comments in the Online Store, including those related to the Product or the transaction process. By submitting comments, the Customer represents that they hold all rights to such content, in particular copyrights, related rights, and industrial property rights. The agreement for the provision of services involving the posting of reviews of Products in the Online Store is concluded for a fixed term and terminates upon the posting of the review.
6. Statements should be drafted in a transparent and understandable manner. Furthermore, they must not violate applicable law, including the rights of third parties. In particular, they must not be defamatory, violate personal rights, or constitute an act of unfair competition. The posted statements are disseminated on the Online Store's website.
7. By posting a statement, the Customer consents to the free use of this statement and its publication by the Seller, as well as to the adaptation of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83).
8. The Seller reserves the right to organize occasional competitions and promotions, the terms of which will be posted on the Store's website. Promotions in the Online Store cannot be combined unless the Terms and Conditions of a given promotion state otherwise.
9. If the Customer violates the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remedy the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Procedure for concluding the Sales Agreement

1. Information about the Goods provided on the Store's website, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
2. All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced to the Polish market.
3. The condition for placing an Order is to have an active e-mail account.
4. When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer electronically and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted electronically binds the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, the Sales Agreement is concluded.
5. Orders placed in the Online Store by telephone or email must be placed on the Business Days and at the times indicated on the Online Store website. To do this, the Customer should:
a. provide in the content of the e-mail addressed to the Seller the name of the Goods from among the Goods available on the Store's website and their quantity,
b. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store's website,
c.provide the data required to complete the Order, in particular: name and surname, place of residence and e-mail address.
6. Information on the total value of the Order is provided by the Seller each time orally after the entire Order has been completed or by informing the Customer via e-mail together with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at which moment the Sales Agreement is concluded.
7. In the case of a Customer who is a Consumer, each time an Order is placed by telephone or e-mail, the Seller shall send the Customer a confirmation of the terms of the placed Order, which will include information on:
a. description of the subject of the Order,
b. unit and total price of the ordered products or services, including taxes, including delivery costs and additional costs (if any),
c. method of contacting the Seller and their registration details,
d. selected payment method and deadline,
e. selected delivery method,
f. delivery time,
g. Customer's contact details,
h. Terms and Conditions,
i. that concluding the Agreement entails the obligation to pay for the placed Order,
j. instructions on the right to withdraw from the Agreement, along with a template thereof.
8. The Agreement is concluded when the Customer, who is a Consumer, sends (in response to the confirmation of the terms of the Order sent by the Seller) an e-mail to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and consents to its execution, and accepts the content of the Regulations and confirms that he or she has read the instructions on withdrawal from the Agreement.
9. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
10.The sales contract is concluded in English, with the content consistent with the Regulations.

VI. Delivery

1. Delivery of Goods is limited to all European Union countries and is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following delivery methods for the ordered Goods:
a. via a courier company,
b. personal collection at the Seller's personal collection point.
3. The Seller on the Store's website in the description of the Goods informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
4. The delivery and execution time of the Order is counted in Business Days in accordance with point VII item 2.
5. The Seller, in accordance with the Customer's wishes, shall deliver a receipt or VAT invoice covering the delivered Goods together with the Goods.
6. If different delivery periods are provided for the goods covered by the Order, the longest of the provided periods shall apply to the entire Order.

VII. Prices and payment methods

1. The prices of the Goods are given in Euro.
2.The customer can choose the following payment methods:
a. bank transfer to the Seller's bank account (in this case, the Order will be processed after the Seller sends the Customer a confirmation of acceptance of the Order, and the Goods will be shipped immediately after the funds are credited to the Seller's bank account and the Order is completed);
b. cash on personal collection - payment at the Seller's personal collection point (in this case, the Order will be processed immediately after the Seller sends the Customer confirmation of acceptance of the Order, and the Goods will be released at the Seller's personal collection point);
c. electronic payment (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed);
e. Electronic payments are handled by 

If a refund is required for a transaction made by a customer with a payment card, the seller will refund the funds to the bank account associated with the customer's payment card.

3. The Seller shall inform the Customer on the Store's website of the deadline by which they are required to pay for the Order. If the Customer fails to pay within the deadline referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
2. The Customer may formulate the declaration himself or use the template for the declaration of withdrawal from the Agreement, which constitutes Annex 1 to the Regulations.
3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
4. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
5. The right to withdraw from the Contract by the Consumer is excluded in the case of:
a. the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Contract;
b.Agreement in which 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 deadline for withdrawal from the Agreement;
c.Agreement in which the subject of the provision is a non-prefabricated Good, manufactured according to the Consumer's specifications or intended to meet his individual needs;
d.Agreement in which the subject of the provision is a Good that spoils quickly or has a short shelf life;
e.A contract in which the subject of the provision is Goods 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;
f.Agreements in which the subject of the provision are Products which, due to their nature, are inseparably connected with other items after delivery;
g.Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or Goods;
h.Agreements in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of Subscription Agreements;
i.Agreement concluded through public auction;
j. Agreements 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 agreement specifies the day or period of service provision;
k. Contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Contract and after the Seller has informed the Consumer of the loss of the right to withdraw from the Contract.
6. In the event of withdrawal from a Distance Agreement, the Agreement is deemed null and void. Whatever the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return should be made immediately, no later than 14 days. The purchased Goods should be returned to the Seller's address.
7. The Seller will immediately, but no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivery. The Seller will refund the payments using the same payment method used by the Consumer, unless the Consumer consents to a different payment method, which will not incur any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the goods are received back or the Customer provides proof of sending back the goods, whichever occurs first, unless the Seller has offered to collect the goods from the Customer.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
9. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.