Terms & conditions

ONLINE SHOP REGULATIONS from 01/12/2016

I. Definitions

Terms used in these Regulations have the following respective meaning:

1. Buyer - an individual, legal person or an organizational unit without a legal personality but with a legal capacity conferred by special provisions, that makes Orders in the Shop;
2. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended)
3. Regulations - these Regulations of providing services by electronic means via ALANBLACKFISH Online Shop;
4. Online Shop (Shop) - Internet service available at www.alanblackfish.com via which the Buyer may in particular place Orders;
5. Goods - products that you can purchase in the Online Shop
6. Sales Contract - a contract for sale of Goods within the meaning of the Civil Code, concluded between AMTREE Andrzej Majczyk, Poland and the Buyer, via Online Shop;
7. Act on specific terms and conditions of consumer sale - Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended)
8. Act on Providing Services by Electronic Means – Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended)
9. Order – declaration of the Buyer's intent, aiming directly to the Sales Contract, specifying in particular the type and quantity of Goods.

 

II. General Provisions

2.1. The following Regulations define the terms of the use of the Online Shop (hereinafter referred as Shop) available at www.alanblackfish.com
2.2. The following Regulations are the rules referred to in Art. 8 of Act on Providing Services by Electronic Means.
2.3. Online Shop operates at www.alanblackfish.com and is run by AMTREE Andrzej Majczyk, Poland.
2.4. The following Regulations specify in particular:
a) terms of registration and the use of Buyer account in the Shop;
b) terms and conditions for electronic reservation of products available in the Shop;
c) terms and conditions for placing Orders via Online Shop;
d) terms of concluding Sales Contract with the use of services provided by the Online Shop.
2.5. These Regulations specify technical requirements necassary for co-operation with the teleinformation system being used by the service provider:
a) Internet Explorer 6.0 or later release with Java applets enabled
b) Mozilla Firefox 11 or later release with Java applets enabled
c) minimum supported screen resolution is 800 x 600 pixels.
2.6. In order to use the Shop the Buyer should have access to a computer with Internet access.
2.7. In accordance with the applicable regulations AMTREE Andrzej Majczyk, Poland, reserves the right to limit the provision of services via Online Shop for individuals over the age of 18. In such circumstances, potential Buyers will be notified of the above.
2.8. Buyers can access these Regulations at any time through the link found on the main site http://alanblackfish.com/en/content/3-terms-and-conditions-of-use, download it and print.
2.9. Information about the Goods presented on the website, in particular, their descriptions, technical specification, characteristics and prices, are an invitation to conclude an agreement, within the meaning of Art. 71 of the Civil Code.

III. Terms of use of the Online Shop

3.1. In order to use Online Shop services it is important to the register first.
3.2. To register fill in and accept a registration form located on the website.
3.3. A prerequisite for registration is agreeing with the terms and conditions of the Regulations and providing correct personal information marked as mandatory.
3.4. AMTREE Andrzej Majczyk, Poland, may withdraw the Buyer's right to use the Online Shop as well as can limit the access to the Shop entirely or partially effective immediately in case of violation of Regulations, particularly when the Buyer:
a) provided incorrect, inaccurate or outdated information during the registration process thus misleading or violating the rights of third parties,
b) committed an infringement upon personal rights of any third party through the Online Shop, in particular other Buyers of the Shop,
c) comitted any violation considered by AMTREE Andrzej Majczyk, Poland, as behavior inconsistent with the applicable law or with the general rules of using Internet or undermining the good name of AMTREE Andrzej Majczyk, Poland,
3.5. An individual who has been deprived of the right to use the Shop services cannot register again without prior consent of AMTREE Andrzej Majczyk, Poland.
3.6. To ensure security of message and data transfer in relation to the services provided, the Shop will undertake technical and organizational means corresponding to the seriousness of the violaton of service security, in particular measures to prevent acquisition and modification of personal data transmitted over the Internet by unauthorized persons.
3.7. The Buyer is obliged in particular:
a) not to produce and transmit content that violates any law, such as violent content, defamatory or infringing personal rights or any other rights of third parties,
b) to use the Online Shop in a manner not disturbing its functioning, in particular by using specified software or devices,
c) to refrain from actions such posting or transmitting unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "spam," 
d) to use the Online Shop in a manner not causing inconvenience to other customers and to AMTREE Andrzej Majczyk, Poland.
e) to use any content of the Shop only for personal use,
f) to use the Online Shop according to Polish regulations as in force at present, these Regulations and general rules of using Internet.

IV. Concluding Sales Contract procedure

4.1. To conclude the sales contract via Shop, go to the website: www.alanblackfish.com, and select the item to purchase, take following steps based on messages displayed for the Buyer as well as information available on the site.
4.2. To select the Goods to order add them to the shopping cart.
4.3. During ordering procedure take following steps based on messages displayed for the Buyer as well as information available on the site. During that process the Buyer can modify all the data and the information about the product freely until choosing “Order” button.
4.4. After specifying all necessary information you will be provided with a summary of your Order.
The summary will contain following information:
a) the object of the sales contract,
b) unit and total price of the products or services, including shipping costs and additional costs (if any),
c) selected method of payment,
d) selected method of delivery,
e) time of delivery,
4.5. Clicking “Order” button by the Buyer is deemed as a confirmation that the Buyer provided personal information marked as mandatory as well as has got acquainted with these Regulations and accepted it.
4.6. Placing an Order by the Buyer is a declaration of intention to conclude the Sales Contract with AMTREE Andrzej Majczyk in agreement with these Regulations.
4.7. After placing an Order, the Buyer receives an e-mail entitled
[alanblackfish] Order confirmation, containing a final confirmation of all the essential elements of the Order.
4.8. After the Buyer receives the e-mail with the confirmation of accepting the Order for processing the contract shall be deemed as concluded. 
4.9. The Cales Contract language is English and its content is in accordance with these Regulations.

V. Delivery

5.1. Dispatch and delivery of Goods is specified by the Buyer when placing the Order. 
5.2. Ordered products can be delivered by the courier service or via post. Goods can also be colleced personally by the Buyer. Delivery costs can be viewed under the following link: 
http://alanblackfish.com/en/content/1-delivery. In addition, the cost of delivery will be calculated when you place your Order.
5.3. Order fulfilment time is 1 to 14 working days from the day of Order confirmation, dependable the destination.
5.4. The Buyer can easily access these Regulations at any time through the link found on the home page 
http://alanblackfish.com/en/content/3-terms-and-conditions-of-use save it and print. Strengthening, security, giving the access to and the confirmation of the relevant provisions of the Sales Contract includes the following: sending the Buyer an e-mail and providing the package with the printed confirmation, Order specification and VAT invoice.

VI. Prices and Payment methods

6.1. Total prices for Goods in the Shop are expressed in PLN, EUR, GBP, USD. Prices include all additional costs such as VAT (with different tax rates), customs duties and other services 
6.2. Customer can use following methods of payment:
a) money transfer to the bank account, bank account number:
PL
38 1140 2017 0000 4102 1298 3853
b) the payment with Przelewy24 or PAYPAL

VII. The right of withdrawal

7.1. The Buyer, being a consumer within the meaning of Art. 221 of the Civil Code, is granted the right to withdraw from a distance selling contract, without stating the reason by submitting a suitable statement in writing, within
10 days and sending it to the address: Alan Blackfish, ul. Tadeusza Kościuszki 27b, 85-079 Bydgoszcz, Poland, provided in these Regulations. 
7.2. The period of 10 days begins at the earliest on receipt of Goods by the consumer or, in case of providing services, at the earliest on conclusion of the Contract. 
7.3. Exclusions from the right of withdrawal.
The consumer cannot exercise the right of withdrawal in respect contracts:

  • for the provision of www.alanblackfish.com services if performance has begun, with the consumer's agreement, before the end of withdrawal period,
  • for the supply of audio or video recordings or computer software which were unsealed by the consumer,
  • for the supply of Goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the trader,
  • for the supply of Goods made to the consumer's specifications or clearly personalized,
  • for the supply of Goods which, by reason of their nature, cannot be returned or are liable to deterioration or expire rapidly,

7.4. In case of withdrawal from the distance selling contract, the contract is considered as not concluded. The Goods shall be returned in their unchanged form unless it was necessary in the course of ordinary use. The return should be effected immediately, not later than within 14 days. 
Purchased Goods must be returned to the following address Alan Blackfish, ul. Tadeusza Kościuszki 27b, 85-079 Bydgoszcz, Poland.
7.5. The Buyer is obliged to properly secure the returned Goods in a way that prevents damage or destruction during transport. 
7.6. The Buyer bears the cost of returning the Goods.

VIII. Complaints relating to the Goods

8.1. AMTREE Andrzej Majczyk, Poland as the seller of Goods is liable to the Buyer who is a consumer within the meaning of Art. 221 of the Civil Code, for any nonconformity of Goods with the contract to the extent specified in the Act on the specific terms and conditions of consumer sale.
8.2. Any complaints resulting from the infringement of customer rights guaranteed by law, or by these Regulations should be adressed: store@alanblackfish.com
AMTREE Andrzej Majczyk, Poland is obligated to consider any complaint within 14 days, and if for any reason it is not possible, to inform the Buyer when the complaint shall be considered.
8.3. AMTREE Andrzej Majczyk, Poland is a manufacturer of ALAN BLACKFISH products.
8.4. AMTREE Andrzej Majczyk, Poland is a not manufacturer of other products presented in the Shop. The manufacturer is liable for the warranty of the Goods sold under the conditions and for the period of time specified in the warranty card. If the warranty card so provides, the Buyer may submit the claim directly to the authorized service listed on the warranty card.

IX. Complaints about provision of services by electronic means.

9.1. AMTREE Andrzej Majczyk, Poland takes all possible measures to ensure the proper performance of the Shop, and commits to correct within the reasonable period of time any irregularities reported by the Buyers.
9.2. The Buyer is obliged to inform AMTREE Andrzej Majczyk, Poland about any irregularities or or interruptions in the functioning of the Online Shop. 
9.3. Please inform us about the irregularities related to the functioning of the by writing to the following address: Alan Blackfish, ul. Tadeusza Kościuszki 27b, 85-079 Bydgoszcz, Poland, or by sending an email at: store@alanblackfish.com
9.4. Provide your name, surname, correspondence address, nature of irregularity and the date of its occurence in the complaint.
9.5. AMTREE Andrzej Majczyk, Poland is obligated to consider each claim within 14 days, and if by any reason it was not possible, to inform the customer when the complaint shall be dealt with.

X. Final Provisions

10.1. Resolution of any disputes arising between AMTREE Andrzej Majczyk, and the Buyer who is a consumer within the meaning of Art. 221 of the Civil Code, shall by the subject to the court having jurisdiction over the case according to the relevant provisions of Code of Civil Procedure. 
10.2. Resolution of any disputes arising between AMTREE Andrzej Majczyk, and the Buyer who is not a consumer within the meaning of Art. 221 of the Civil Code, shall be the subject to the court having jurisdiction over the seat of AMTREE Andrzej Majczyk,
10.3. Cases not covered by these Regulations shall be the subject of Civil Code regulations, Act on Providing Services by Electronic Means regulations and other relevant regulations of the Polish law.

 

 


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