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TERMS AND CONDITIONS

  • 1. Definitions
  1. Regulations – these Regulations, determining the principles of concluding Distance selling contracts through the Internet Shop, the principles of performing these contracts, the rights and obligations of the parties and the principles of complaint proceedings.
  2. The Client – a natural person having full capacity for legal actions, a legal person, or an organizational unit without legal personality, which the law recognizes as having legal capacity, who concludes a Distance Selling Contract with the Seller.
  3. Consumer – a consumer in the meaning of Article 22(1) of the Polish Civil Code. According to the statutory definition: a Consumer is understood as a natural person performing with an entrepreneur a legal action not directly related to his/her business or professional activity.
  4. Natural person running a sole proprietorship making a non-professional purchase – natural person concluding a Distance Sales Agreement directly not related to his/her business activity, when the content of this Contract indicates that it is not of a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Business, to whom the law grants the right to: withdraw from the agreement on the principles granted to Consumers, to apply the provisions on prohibited clauses used in standard agreements and concerning liability for defects of the sold thing.
  5. Seller:
    Art D Sp. z o.o. Sp. k.  Karola Kurpińskiego 12 22-100 Chełm TAX no.: 5632434876 

Email: wildflamingo.swim@gmail.com 

  1. Online Shop – an Internet service run by the Seller, available at electronic addresses: https://wildflamingo.com.pl/ through which the Client may obtain information about the Goods and their availability and buy the Goods or order the service.
  2. Distance selling contract – a contract for sale of the Goods/services/delivery of digital content (if applicable), concluded through the Online Shop.
  3. The Goods – a movable item that the Client may purchase in the Online Shop.
  4. Durable medium – means a material or a tool enabling the Client or the Seller to store information addressed personally to him/her in a way that enables access to information in the future for a time appropriate for the purposes the information is used for and which allows to reconstruct the stored information in an unchanged form, especially electronic mail.
  5. Order form – electronic order procedure provided by the Seller to the Client.
  6. Sending an order – confirming the order by the Client treated as submission by the Client of a binding declaration of will to conclude a Distance selling contract with the Seller.
  7. Account – a set of data stored in the Online Shop and in the Seller’s ICT system concerning a given Client and orders placed by him and concluded Distance selling contracts.

  • 2. General provisions

  1. Types and scope of services provided electronically:
    1. conclusion of Online selling contracts – with regard to Goods sold through the Online Shop;
    2. the rules of registration and use of the Account within the Online Shop;
    3. sending e-mails confirming receipt of the order, payment, acceptance of the order by the Seller.
  2. The use of the Online Shop is possible following minimum technical requirements:
    1. Internet browsers in the current version;
    2. any program from viewing files in PDF format;
  3. The contents, including descriptions of Goods and prices, placed on the pages of the Online Shop constitute an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code. They gain binding character – for the purposes of concluding a specific contract – only when the Client sends an order, which takes place by clicking the “Order and pay” button.
  4. The Seller makes these Regulations and the Attachments available through a link located on the homepage before concluding the Distance selling contract, during the Contract and after its conclusion.

  • 3. Orders

  1. Placing an order in the Online Shop can be done through an Account or by choosing the option of purchase without registration.
  2. The purchase is made by filling in the electronic order form available on the pages of the Online Shop. The selection of the ordered Goods is made by adding them into the basket. The electronic order form specifies, among other things, which Goods, at what price and in what quantities the Client wants to order to the location indicated by Client.
  3. After the Client provides all necessary data, a summary of the order will be displayed.
  4. To place an order, it is necessary to provide in the order form personal data marked as obligatory, accept the content of the Regulations, send the order by pressing the right checkbox acceptance button and ” Order and pay” button.
    1. Sending of an Order form by the Client constitutes a binding declaration of will conclude a Distance selling contract, in accordance with the content of these Regulations.
    2. Distance selling contract is treated as concluded now of the Seller’s acceptance of the Order form, which is confirmed by displaying to the Client a message of acceptance the order and providing order ‘s number.
    3. After concluding the Remote selling contract, the Client receives a confirmation of the submitted order.
    4. Until the Seller begins the execution of the order:
      1. The Client may change his order. The change of the order is made by placing a new order, which replaces the previous one. Any possible payment made by the Client is settled towards the new order, and in case of overpayment it is returned to the bank account from which the payment was made.
      2. The Client may cancel his order.
  5. In case of cancellation of the order by the Client, the Seller shall return the received payment within 3 working days. The return of payment shall be made by using the same method of payment as used by the Client.
  6. The lead time for the order is between 1 and 30 working days from the day of concluding the Contract.
  7. The Seller has the right not to accept for execution erroneously or partially filled Order forms that prevent execution of the Order to the Client.
  8. If the Seller cannot execute the Order due to lack of availability of the Goods, it will immediately, but not later than within 7 working days from placing the Order, notify the Client of this fact and return the entire payment received.
  9. The Seller may propose an extension of the Order completion deadline to complete the Goods, to which the Client may agree.


  • 4. Payment

  1. The Online Shop offers the possibility of making payments in the form of stripe, paypal, przelewy24. The Seller reserves the right to change the payment methods.
  2. Payment for the Goods is made in a way as chosen during placing an order on the order form.
  3. The prices of the Goods are stated in PLN/EUR. In case of payment in a currency other than PLN the value to be paid will be the equivalent of EUR converted into the other currency at the average exchange rate of the National Bank of Poland at the time of payment or on the terms and conditions of the payment method provider or financial institution providing services to the Client.

  • 5. Delivery

  1. On the order form, the Client selects the method of delivery by ticking the choice made (including, but not limited to, courier delivery, postal delivery, parcel machine delivery, or partner point delivery). The Seller reserves the right to change the method of delivery chosen by the Client without additional costs for the Client.
  2. In the case when the Goods are not collected by the Client, which results in return of the Goods to the Seller – the Seller may withdraw from the sales contract. Withdrawal from the contract takes place through submitting to the Client a statement in the form of an e-mail.
  3. In the situation indicated in the p. 2 above, the Seller shall immediately return to the Client the received payment for the Goods purchased by the Client.


  • 6. Withdrawal from the contract

  1. Client who is a Consumer, who has concluded a Distance selling contract may withdraw from it within 14 days without giving any reason. In case of withdrawal from the Distance selling contract – the contract is considered as not concluded.
  2. A natural person who is running a sole proprietorship making a non-professional purchase shall also have the right to withdraw from the. The Seller shall verify the right to submit a statement of withdrawal from the Contract by the person referred above. Verification is conducted by checking whether the concluded contract is not of a professional nature for this person – which is conducted by analyzing the PKD codes indicated in the Central Registration and Information on Business.
  3. In the case of recognizing that the purchase of the goods made by a person running a sole proprietorship in the Store was of a professional nature – the Seller shall immediately, i.e. no later than within 3 working days from the receipt of a statement of withdrawal – inform the person making the statement, that due to the professional nature of the purchase made – he/she is not entitled to withdraw, and therefore the statement of withdrawal from the contract- shall not have legal effects. If, together with the statement of withdrawal, a physical return of the goods has been made – the goods shall be sent back at the expense of the person making the statement and to the address previously specified in the order. The Seller’s reply shall be given using the same method as the one used by the person making the statement.
  4. In the case of withdrawal from the contract – the Consumer bears only the direct costs of returning the Goods.
  5. The Consumer’s statement must unequivocally express his will to withdraw from the contract.
  6. To meet the deadline, it is sufficient to send the statement before its expiry.
  7. The period for withdrawal from the contract shall begin:
    1. for the contract in performance of which the Seller issues an item, being obliged to transfer its ownership – from taking possession of the Goods by the Consumer or a third party indicated by the Consumer to another carrier, and in the case of a contract which:
      1.  includes many items, which are delivered separately, in batches or parts – from taking possession of the last item, batch or part;
      2. consists in regular delivery of goods for a fixed period of time – from taking possession of the first item;
    2. for other contracts – from the date of conclusion of the contract.
  8. Right to withdraw from the Distance selling contract is not available to the Consumer in relation to the contracts referred to in Article 38 of the Polish Act of 30.05.2014. on consumer rights, that includes contracts:
    1. where the price or remuneration depends on fluctuations in the financial market, over which the trader does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract;
    2. where the subject of the service is an unprocessed item, produced according to the Client’s specifications or serving to satisfy his individual needs;
    3. whose subject of the service is an item delivered in sealed packaging, which cannot be returned for health protection or for hygienic reasons, if the packaging was opened after delivery;
    4. whose subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
    5. for the supply of digital content and electronic licenses that are not stored on a durable medium, if the performance began with the Consumer’s express consent before the expiry of the deadline for withdrawal and after the trader informs him of the loss of the right of withdrawal;
    6. the object of which is an item that is subject to rapid deterioration or has a short period of useful life, and in which the object of performance is an item that, after delivery, is inseparably connected with other items due to its nature;
    7. for the supply of newspapers, periodicals or magazines, except for the subscription agreement;
    8. concluded by public auction;
    9. for the provision of accommodation services other than for residential purposes, carriage of Goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    10. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the contract of sale, and whose delivery can only take place after 30 days and whose value depends on market fluctuations, over which the entrepreneur has no control.

  •  7. Effects of withdrawal from a contract of sale of goods
  1. The Seller, within 14 days from the day of receiving the statement of withdrawal from the Contract of sale of Goods, shall return to the Consumer all payments made by him, including delivery costs, corresponding to the cheapest way of delivery offered by the Seller. The return of payment shall be made using the same method of payment as the Consumer used.
  2. If the Seller has not proposed to collect the Goods from the Consumer by himself, he may withhold the return of payments received from the Consumer until he receives the Goods back or receives from the Consumer proof of Goods ‘return, depending on which event occurs earlier.
  3. The Seller may propose to the Consumer to collect the item from the Consumer himself. However, if the Seller has not made such an offer – the Consumer shall return the item to the Seller (or to the person authorized by the Seller to collect it) immediately, but not later than 14 days from the day on which he withdrew from the contract. To keep the deadline, it is sufficient to send back the item before deadline expiry. The goods which the Consumer returns should be sent to the address of the Seller’s registered office or warehouse.
  4. The Consumer shall be responsible for reduction of the value of the Goods resulting from its use in a manner exceeding the one necessary to determine the nature, characteristics and functioning of the Goods.


  • 8. Complaints

  1. The Seller is obliged to deliver the Goods free from physical and legal defects and is responsible to the Client for physical and legal defects of the purchased Goods on the principles set forth in the law.
  2. If the Goods have physical or legal defects, the Client may submit a complaint to the Seller under the warranty for defects
  3. The application should specify the defect, which, in the opinion of the Client, the Goods have, demands toward the Seller, and if possible – document the said defect. 
  4. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt.
    form.
  5. The Seller shall verify whether the complaint submitted by a natural person running a sole proprietorship making a purchase of a non-professional nature is of a non-professional nature for that person. Verification shall be made by analysing the PKD codes indicated in the Central Registration and Information on Business.

  •  9. Final provisions
  1. These Terms and conditions of the Online Shop apply from31.05.2022
  2. In case of change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and shall be binding on the Seller and the Client.
  3. The law applicable to resolve any disputes related to the Regulations is Polish law. Such disputes shall be resolved by a common court of competent local jurisdiction. The Client, who is a Consumer, may also make use of out-of-court ways of examining complaints and pursuing claims. All information concerning out-of-court ways of handling complaints and asserting claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary in nature and both parties must agree to them.
  4. On the basis of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform that an online platform for the settlement of disputes between consumers and traders at the EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is a website with a one-stop-shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.
  5. To the extent that the provisions of 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 (GDPR) apply, the Controller of the personal data is Seller. All details regarding the processing of personal data can be found in the Privacy Policy available at https://wildflamingo.com.pl/en/privacy-policy/

Attachment 1 – Information on exercising the right of withdrawal
https://wildflamingo.com.pl/wp-content/uploads/2022/05/form1.pdf

Attachment 2 – Form of the declaration of withdrawal from the contract

https://wildflamingo.com.pl/wp-content/uploads/2022/05/form2.pdf

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