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OnlyDarts / INFORMACJE

Rules of Procedure

Online Shop Regulations - www.onlydarts.pl

I. General provisions

  1. These Terms and Conditions specify the general terms and conditions of the provision of the Services by electronic means and the sale carried out via the Online Store. www.onlydarts.pl. The store is run by Łukasz Kamiński, operating business under the company "OnlyDarts.com" Łukasz Kamiński, entered in the Register of Entrepreneurs of Central Registration and Information on Economic Activity conducted by the Minister responsible for Economic Affairs at ul. Tarasowa 3, 31-988 Kraków, NIP 6772173577, REGON 366290773, BDO 000239527, zwany dalej Sprzedawcą.
  2. Contact with the Seller is made by:
    1. e-mail address: contact@onlydarts.pl;
    2. on the phone: +48 508555878.
  3. These Terms and Conditions are continuously available on the website www.onlydarts.pl, in a way that allows it to be acquired, reproduced and stored by printing or writing on the media at any time.
  4. The Seller informs that the use of Electronic Services may pose a threat on the part of every Internet user, consisting in the possibility of introducing harmful software into the Client's IT system and of obtaining and modifying its data by unauthorised persons. In order to avoid the risk of these risks, the Client should use appropriate technical measures to minimise their occurrence, in particular antivirus programs and firewalls.
  5. The Seller has appointed a single contact point to contact the Clients, with the authorities of the Member States of the European Union, the Commission of the European Union and the Digital Services Board referred to in the DSA Regulation. The communication at the point shall take place at the e-mail address indicated in the paragraph. 2 above, in Polish and English.

II. Definitions

The terms used in the Rules of Procedure mean: 

  1. Gift voucher – a bearer document, in electronic form, not written on a material medium, in the form of a file in pdf format, containing a combination of characters in the form of a unique code, with the indicated denomination, which may be used as a means of payment for the Goods at the Online Store, under the terms set out in these Regulations;
  2. Working days – these are days from Monday to Friday excluding public holidays;
  3. Client – a natural person who is fully capable of legal activities, a natural person conducting an economic activity, a legal person or an organisational unit which is not a legal person, whose special provisions confer the legal capacity which performs the Order within the Online Store or uses other Services available in the Online Store;
  4. Civil Code – Act of 23 April 1964 (Dz. U. No. 16, p. 93, as amended);
  5. Account – the part of the Online Store assigned to the particular Client, through which the Customer can carry out certain activities within the Online Store;
  6. Consumer – A customer who is a consumer within the meaning of Article. 22[1] the Civil Code;
  7. Entrepreneur - Client who is an entrepreneur within the meaning of Article. 43[1] the Civil Code;
  8. Content – publicly made available by the Seller the content added by the Clients through the functionality of the Online Store;
  9. Rules of Procedure – this document;
  10. DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market in digital services and amending Directive 2000/31/EC (Digital Services Act);
  11. Goods – the product presented in the Online Store, the description of which is available on each of the presented products;
  12. Sales contract – Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
  13. Services – services provided by the Seller to customers by electronic means 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);
  14. Consumer Rights Act – Consumer Rights Act of 30 May 2014 (Dz. U. 2014, No 827);
  15. Electronic Services Act – Act of 18 July 2002 on the provision of services by electronic means (Dz. U. No 144, p. 1204 as amended);
  16. Order – a statement of the Customer's will, aimed directly at concluding the Sales Agreement, specifying in particular the type and number of Goods.

III. Rules for using the Online Store

  1. The use of the Online Store is possible provided that the following minimum technical requirements are met by the IT system used by the Client:
    1. a computer or mobile device with Internet access,
    2. access to e-mail,
    3. Internet Explorer web browser version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
    4. inclusion of Cookies and Javascript in your web browser.
  2. The use of the Online Store means any activity of the Client, which leads to its familiarization with the content contained in the Shop.
  3. In particular, the customer shall:
    1. non-supply and non-transfer of prohibited content by law, e.g. content promoting violence, defaming or infringing personal property, copyright and other third party rights,
    2. use of the Online Store in such a way that it does not interfere with its operation, in particular by using specific software or devices,
    3. not undertake activities such as sending or placing unsolicited commercial information (spam) within the Online Store,
    4. use of the Online Store in a non-burdening way for other customers and for the Seller,
    5. use of any content contained within the Online Store for personal use only,
    6. use of the Online Store in accordance with the laws applicable in the territory of the Republic of Poland, the provisions of the Rules of Procedure, as well as the general principles of use of the Internet.

IV. Services

  1. The Seller allows the Online Store to use free Services that are provided by the Seller 24 hours a day, 7 days a week.
  2. Account keeping service in the Online Store is available after registration. Registration occurs by filling in and accepting the registration form, which is available on one of the websites of the Online Store. Contract for the provision of the Service consisting in keeping an Account in the Online Store is concluded for an indefinite period and is terminated upon the request of the Client to delete the Account.
  3. The seller has the right to organize occasional competitions and promotions, the terms of which will be given on the Store's websites each time. Promotions in the Online Store are not subject to merging, unless otherwise provided in the Terms and Conditions of the Promotion.
  4. In the event of a breach of these Terms and Conditions by the Customer, the Seller may terminate the Service Contract after having previously unsuccessfully called for the cessation or erasure of infringements, with due time, with a 14-day notice.

V. Gift voucher

  1. The seller allows via the Online Store to purchase a gift voucher, which can be used as a means of payment for the Goods in the Online Store.
  2. A customer interested in purchasing a gift voucher shall submit an order in accordance with the Terms and Conditions.  
  3. The Customer in the Gift Bonus Order form determines his individual parameters, including his denominations, according to the denominations available in the Online Store. 
  4. In the event of the Order of a Gift Gift Gift Gift, the Seller sends the Gift Gift Gift Gift Gift Gift by e-mail.
  5. The seller is an exclusive issuer of gift vouchers. 
  6. Each Gift voucher contains the denomination, unique code and expiration date. 
  7. A customer with a valid gift voucher can pay for the Goods offered in the Online Store following the messages displayed in the Online Store. 
  8. In order to finalise the payment with a gift voucher, the Customer will be asked to provide a unique code located on the gift voucher. 
  9. The Customer may pay for the Goods with a Gift Gift Gift Gift Gift certificate up to the date indicated on the Gift Gift Gift Gift Gift Gift Gift Certificate.
  10. In case the value of the Customer Order exceeds the nominal value of the Gift Bonus, the Customer is able to pay the remaining value using other forms of payment available in the Online Store. 
  11. The gift voucher shall not be exchanged for cash.

V. Procedure for the conclusion of the Sales Agreement

  1. The information on the Goods provided on the Store's website, in particular their descriptions, technical and usability parameters and prices, shall constitute an invitation to conclude the Agreement within the meaning of Article. 71 Civil Code.
  2. All goods available at the Online Store are brand-new, in accordance with the Agreement and have been legally placed on the Polish market.
  3. Where the Seller applies individual price adjustment mechanisms on the basis of automated decision-making, it shall each time forward this information to the Consumer, when submitting the Order, taking into account the requirements imposed in this respect by personal data protection legislation.
  4. The condition for placing an Order is to have an active email account.
  5. In the case of placing an Order via the Order Form available on the Online Shop website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude the Contract for the Sale of Goods which are the subject of the Order. The offer submitted in electronic form binds the Client if the e-mail address provided by the Customer is sent by the Seller to confirm acceptance for execution of the Order, which is a statement by the Seller about acceptance of the Customer's offer and when it is received by the Customer the Sales Agreement is concluded.
  6. The placing of an Order in the Online Store via telephone or by sending an electronic message occurs on the Working Days and hours indicated on the website of the Online Store. To this end, the Customer should:
    1. indicate during the telephone conversation or in the content of the electronic message sent to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
    2. indicate the delivery method and the form of payment from the delivery methods and payments provided on the Shop website,
    3. provide the data necessary for the performance of the Order, and in particular: name, place of residence and e-mail address.
  7. Information on the total value of the Contract referred to in paragraph above shall be provided orally by the Seller after completion of the entire Order or by electronic notification, together with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at that moment the Sales Agreement is concluded.
  8. In the case of a Client who is a Consumer, the Seller sends the Customer confirmation of the terms of the Order each time after placing the Order via telephone or e-mail.
  9. The contract is concluded when the Customer, who is the Consumer (in response to confirmation of the terms of the Order sent by the Seller) sends an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the Order sent and agrees to its implementation and accepts the content of the Rules of Procedure and confirms the instruction to withdraw from the Agreement.
  10. Upon conclusion of the Sales Agreement, the Seller confirms its terms to the Customer, sending them to the e-mail address of the Client or in writing to the address provided by the Customer.
  11. The sales agreement is concluded in Polish, with the content in accordance with the Terms and Conditions.

VI. Delivery

  1. Delivery of Goods is limited to the territory of the European Union and is carried out at the address indicated by the Customer during the submission of the Order.
  2. The Customer may choose the following forms of delivery of ordered Goods:
    1. via a courier service;
    2. delivered to the Paczkomat;
    3. own receipt at the point of personal reception of the Vendor.
  3. The seller on the Store's website in the description of the Goods informs the Customer about the number of working days needed to carry out the Order and its delivery, as well as the amount of fees for delivery of the Goods.
  4. The delivery and execution dates of the Order shall be counted on the Working Days in accordance with point. VII, point (b) 2.
  5. The seller provides the Customer with proof of purchase.
  6. If a different period of implementation is provided for the goods covered by the Order, the longest of the prescribed period shall apply for the entire Contract.

VII. Prices and methods of payment

  1. Prices of Goods are given in Polish zlotys and contain all components, including VAT, customs and other charges.
  2. The customer may choose the following payment methods:
    1. bank transfer to the Seller's bank account (in this case, execution of the Order will begin after the Seller has sent the Customer confirmation of acceptance of the Order, and the shipment will be made immediately after receipt of funds to the Seller's bank account and completion of the Order);
    2. cash on personal receipt - payment at the point of personal receipt of the Vendor (in this case the order will be executed immediately after the Seller has sent the Customer confirmation of acceptance of the Order, and the Goods will be issued at the point of personal reception of the Vendor);
    3. electronic payment (in this case the execution of the Order will start after the Seller has sent the Customer confirmation of acceptance of the Order and after the Seller has received information from the clearing agent's system about payment by the Client, and the shipment will be made immediately after completion of the Order).
  3. The seller on the Store's website informs the Customer about the date on which he is obliged to make a payment for the Order. In the absence of payment by the Customer within the period referred to in the preceding sentence, the Seller may withdraw from the Agreement on the basis of an art. 491 Civil Code.

VIII. Authorisation to withdraw from the Agreement

  1. The Consumer Client may withdraw from the Agreement without giving a reason by making an appropriate statement within 14 days. It is sufficient to send a statement before the expiry of that period. 
  2. The Customer may make a statement on his own or use the template of the statement provided by the Seller on the Store website.
  3. The period of 14 days shall be valid from the date on which the Goods were delivered or in the case of the Service Contract from the date of its conclusion.
  4. The Seller shall, upon receipt of a declaration of withdrawal from the Agreement by the Consumer, send confirmation of receipt of a declaration of withdrawal from the Agreement to the e-mail address of the Consumer.
  5. The right of withdrawal from the Agreement by the Consumer shall be excluded in the case of:
    1. Contracts for the provision of services for which the Consumer is obliged to pay the price if the Seller has fully performed the service with the express and prior consent of the Consumer, who has been informed before the beginning of the service, that after the performance by the entrepreneur loses the right to withdraw from the contract and has taken note of it;
    2. An agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the period to be withdrawn from the Agreement;
    3. An agreement in which the benefit is not prefabricated, manufactured according to the specifications of the Consumer or intended to satisfy his individual needs;
    4. An agreement in which the benefit is for goods which are rapidly damaged or have a short term of use;
    5. The contract in which the benefit is provided is Goods supplied in sealed packaging which, after opening the packaging, cannot be reimbursed for health or hygiene reasons, if the packaging has been opened after delivery;
    6. The contract in which the benefits are supplied shall, by reason of its nature, be inseparably linked to other things;
    7. An agreement in which the benefits are alcoholic beverages, the price of which has been agreed upon with the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control;
    8. The Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides services other than those requested by the Consumer, or provides the Goods other than spare parts necessary to perform repair or maintenance, the right of withdrawal from the Agreement shall be granted to the Consumer in respect of additional services or Goods;
    9. Contracts in which sound or visual recordings or computer programs supplied in sealed packaging are the subject of benefits if the packaging has been opened after delivery; provision of journals, periodicals or periodicals, with the exception of the Subscription Agreement;
    10. an agreement concluded by public auction;
    11. Contracts for the provision of services for which the Consumer is obliged to pay the price for which the Consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with clear and prior consumer consent.
    12. Contracts for the provision of accommodation services, other than for residential purposes, for the carriage of goods, the hire of cars, catering, leisure services, entertainment, sports or cultural events, where the contract designates the date or period of service;
    13. Contracts for the supply of digital content not supplied on a material medium for which the Consumer is obliged to pay the price if the Seller has begun the provision with explicit and prior consent of the Consumer, who was informed before the beginning of the benefit that after the Seller has fulfilled the benefit, he will lose the right of withdrawal from the contract and has taken note of this and the Seller has provided the consumer with the confirmation referred to in Article. 15 paragraph. 1 and 2 or Articles. Paragraph 21. 1 Consumer Rights Act;
  6. The other exceptions to the right of withdrawal from the Agreement are indicated in the Article. 38 paragraph. 2 Consumer Rights Act.
  7. In the event of withdrawal from a distance agreement, the Agreement shall be deemed not to have been concluded. What the parties have demonstrated is returned unchanged unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The refund should take place immediately, no later than 14 days. The Purchased Goods must be returned to the Seller's address.
  8. The Seller shall immediately, but not later than 14 days after receipt of the Consumer's declaration of withdrawal from the Agreement, reimburse the Consumer with all payments made by him, including the costs of delivering the Goods. The seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to another method of refund, and this method shall not entail any cost for the Consumer. The seller may withhold the refund of payments received from the Customer until he receives the Goods back or provides proof that the Customer sends it, whichever event occurs earlier, unless the Seller has proposed that he himself collects the Goods from the Customer.
  9. If the Consumer has chosen a way of delivering the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him. 
  10. The customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints concerning Goods under warranty

  1. The seller undertakes to deliver the Goods in accordance with the Agreement.
  2. The Seller is liable for the incompatibility of the Goods with the Agreement under the terms laid down in the Consumer Rights Act towards the Client who is a Consumer and a Client who is a natural person who contains the Agreement directly related to his business activity, where it is apparent from the content of this Agreement that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on Central Registration and Information on Business Activity. The warranty to the Entrepreneurs is disabled.
  3. Complaints resulting from violation of the rights of the Client guaranteed by law or under these Terms and Conditions should be addressed to "OnlyDarts.com" Łukasz Kamiński, ul. Miłkowskiego 5/9, 30-349 Kraków, na adres poczty elektronicznej: kontakt@onlydarts.pl, numer telefonu +48 508555878. 
  4. In order to handle the complaint, the Customer should send or provide the advertised Goods, if possible by attaching proof of purchase to it. The goods shall be delivered or sent to the address indicated in point. 3.
  5. The seller undertakes to deal with any complaint within 14 days of receipt.
  6. In case of deficiencies in the complaint, the Seller will call on the Customer to complete it to the extent necessary immediately, but no later than 7 days from the date of receipt of the request by the Client.

X. Complaints on the provision of electronic services

  1. The Customer may submit complaints to the Vendor in connection with the functioning of the Store and the use of the Services. Complaints can be submitted in writing to: "OnlyDarts.com" Łukasz Kamiński, ul. Miłkowskiego 5/9, 30-349 Kraków, na adres poczty elektronicznej: kontakt@onlydarts.pl, numer telefonu +48 508555878.
  2. In the complaint, the Customer should give his name, address for correspondence, type and description of the problem.
  3. The seller undertakes to deal with any complaint within 14 days of receipt. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the request by the Client.

XI. Guarantees

  1. Goods may be guaranteed by the manufacturer and the seller.
  2. In the case of goods covered by the guarantee, information on the existence and content of the guarantee and the time for which it was granted shall be presented in the description of the Goods on the Store's websites.

XII. Out-of-court means of settling complaints and redress

  1. The Consumer client has the following possibilities, among others, to take advantage of out-of-court means of handling complaints and redress:
    1. is entitled to appeal to a permanent amicable consumer court acting at the Trade Inspection with a request for settlement of the dispute arising from the conclusion of the Sales Agreement;
    2. is entitled to address the Provincial Inspector of the Commercial Inspection with a request to initiate mediation proceedings concerning the amicable termination of the dispute between the Client and the Seller;
    3. may receive free assistance on settlement of a dispute between the Client and the Seller, also using free state aid from a (urban) consumer spokesperson or social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association). Advice is provided under the Consumer Federation at the free number of consumer hotline 800 007 707 and by the Polish Consumers Association at the email address of the advice@dlakonsumentow.pl.

XIII. Protection of personal data

Personal data provided by Customers The Seller collects and processes in accordance with applicable laws and in accordance with the Privacy Policy, available on the Store website.

XIV. Final provisions

  1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, web domain, Internet Store website, as well as forms, logos, belong to the Seller, and the use of them may only take place in a manner specified and in accordance with the Terms and Conditions.
  2. The provisions contained in these Terms and Conditions relating to the Consumer, as regards withdrawal from the contract and the complaint, shall apply to a natural person who enters into a contract directly related to his economic activity, where it is apparent from the content of that agreement that he is not of a professional nature, resulting in particular from the subject matter of his business activity, made available on the basis of the provisions on Central Registration and Information on Business Activity. The provisions on out-of-court means of settling complaints and redress shall not apply.
  3. The settlement of possible disputes between the Seller and the Client, who is the Consumer, shall be subject to the courts competent in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
  4. The settlement of possible disputes between the Seller and the Client, who is the Entrepreneur, shall be submitted to the court competent for the purposes of the Vendor's seat.
  5. The provisions of the Civil Code, the Electronic Services Act, the Consumer Rights Act and other relevant provisions of Polish law apply in matters not regulated by these Regulations.
  6. Any changes to these Terms and Conditions will be informed by each Client via information on the home page of the Online Store containing a summary of the changes and the date of their entry into force. Customers with an Account will also be informed of the changes, together with their listing to the e-mail address indicated by them. The date of entry into force of the amendments shall not be less than 14 days from the date of their publication. If a Client with a Customer Account does not accept the new content of the Terms and Conditions, it is obliged to notify the Seller within 14 days from the date of notification of the amendment of the Rules of Procedure. Notification to the Seller of the lack of acceptance of the new content of the Rules of Procedure results in the termination of the Agreement.

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