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Terms and Conditions

The following terms and conditions apply to the flymour.com online store (available at: https://flymour.com/ – email: contact@flymour.com)

Dear customers, these terms and conditions govern the conclusion of a sales contract through the flymour.com online store. We are talking about the manner of implementation of this contract including delivery, the rights and obligations of the Customer and the Seller, arising from the law applicable to us, as well as the mode of withdrawal from the concluded contract and possible complaint procedure. The regulations are divided into four groups of issues:

I. (in § 1 to 3) – contains general regulations;

II. (in § 4 to 7) – describes the purchasing process;

III. (in § 8 to 11) – includes regulations on returns and complaints and the withdrawal process;

IV. (in § 12 to 13) – is a collection of other necessary information.

Table of contents

§1 Basic definitions
§2 General provisions
§3 Terms and conditions for the provision of services
§4 Sales contract
§5 Order completion
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaint procedure
§11 Out-of-court ways of dealing with complaints and pursuing claims
§12 Provisions concerning entrepreneurs
§13 Final Provisions

§1 Basic definitions

  1. The online store is available at https://flymour.com

  2. Contract concluded at a distance – means a contract concluded between the Consumer and the Seller. This contract is characterized by the absence of the need for both parties to the contract to attend the same place and time. The contract is concluded using any number of means necessary for remote communication, up to and including the conclusion of the contract.

  3. The Seller and Owner of the online store flymour.com is Kamil Kantor registered in Waksmund ( 34-431) at Na Równi95, NIP 7352923871, REGON 528923888. The e-mail address of the online store is: contact@flymour.com

  4. Store customer – is a natural person who has full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which legal capacity is granted by law and who has concluded or intends to conclude a sales contract with the Seller.

  5. Service – means the service provided by the Service Provider (Seller), to the Customer (Service Recipient), through the Seller’s online store, chillwagon.pl. The consumer – according to Art. 22 1 of the Civil Code is a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.

  6. Sales contract – that is, a contract that involves the sale of a product found on the website of this online store. The sales contract is concluded between the Seller and the Customer through this online store.

  7. Goods – a product, a movable thing that the Customer purchases through the Online Store.

  8. Shopping cart – a place where the Customer gathers the products he/she wishes to purchase, and also indicates the essential elements for further ordering, such as the quantity of the Goods, delivery address, method of delivery, method of payment, invoicing data and possibly other information, as long as their provision is necessary for the proper execution of the order.

  9. Order – is a declaration of will of the Customer, made via the Online Store, specifying: the type and quantity of Goods in the assortment of the Online Store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer’s data.

  10. Promotion/discount – an individual, amount or percentage discount to which the Customer is entitled when purchasing a given product or a given group of products found in the Online Store.

  11. Order form – is an electronic service located on an electronic medium, available in the Online Store. It allows you to place and execute an Order, including by adding Products to an electronic shopping cart, and determines the terms of the Sales Agreement, including the method of delivery and payment.

  12. Order processing time – is the time it takes for an order placed by a Customer of the Online Store to be completed, packed, sealed by the Seller and forwarded for delivery by the delivery method selected by the Customer.

  13. Business day – one day from Monday to Friday excluding public holidays.

  14. Newsletter – means a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses. This service allows Service Recipients (Customers) to automatically receive advertising content from the Service Provider regarding the Products of the Online Store, including information about promotions, news and future editions of the Online Store newsletter.

  15. The Law on Consumer Rights – i.e.. Law of May 30, 2014. On Consumer Rights (Journal of Laws 2014 item 827). We value the trust that Users place in us by entrusting us with their personal information to process their orders. We always use personal data with integrity and so as not to disappoint that trust, only to the extent necessary to fulfill the order including processing, payment, delivery to the customer.

  16. You have the right to receive clear and complete information about how we use your personal information and for what purposes. We always clearly inform about the data we collect, how and to whom we provide it, and provide information about the entities to contact in case of concerns, questions, comments. If there is any doubt about our use of Customer/User‘s personal information, we will promptly take steps to clarify and resolve such doubts, and we will fully and completely answer all questions in this regard. We will take all reasonable measures to protect Users’ data from improper and uncontrolled use and secure it comprehensively. We make every effort to protect customers from unauthorized access, unauthorized modification, disclosure and destruction of information in our possession. In particular:

  1. We control the methods of collecting, storing and processing information, including physical security measures to protect against unauthorized access to the system.

  2. We only grant access to personal data to those employees, contractors and agents who need to have access to it in order to process it for the purposes of the Online Store. In addition, they are contractually obligated to maintain strict confidentiality, to allow us to inspect and check how they fulfill their duties, and may face consequences if they fail to fulfill these obligations.

  3. We will comply with all applicable data protection laws and regulations and cooperate with data protection authorities and authorized law enforcement agencies. In the absence of data protection regulations, we will act in accordance with generally accepted data protection principles, rules of social intercourse as well as established customs.

  4. The exact way to protect personal data is contained in the personal data protection policy ( ODO : security policy, personal data protection regulations, IT system management instruction ) For security reasons, due to the procedures described therein, it is only available for inspection by state control bodies.

§2 General provisions

  1. The Seller declares that it undertakes to provide the services that are the subject of the activities of this Online Store to the Customer in a reliable manner and with respect for the applicable laws and rules of social coexistence, as well as in a manner consistent with the Regulations.
  2. The Seller hereby declares that it complies with all required rules for the protection of Customers’ personal data as provided, among others, by the Act of August 29, 1997. On the protection of personal data (Journal of Laws of 2015, item 2135).
  3. The customer agrees to the collection, storage and processing of personal data by the Seller, only for the purpose directly related to the execution of the order in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Privacy Policy” of the Online Store.
  4. When placing orders in the Store, the Customer has the opportunity to read the Terms and Conditions and accepts their content by marking the appropriate box in the order form. Acceptance of the provisions of the terms and conditions is required to complete the order. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the Rules entail the obligation to pay for the ordered Goods.
  5. The data controller shall apply technical and organizational measures to ensure the protection of personal data authoritative to the risks and categories of protected data. First of all, it protects data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, regulations for the protection of personal data, instructions for the management of the information system). Any person whose data is processed has the right to:a) know who the data controller is, its address, registered office, name, and in the situation where the data controller is an individual, to determine his or her name and place of residence; (b) obtain comprehensive information on whether the data set exists and is maintained by the vendor; (c) to obtain information about the purpose, scope, manner, time of processing of the data contained in such filing system; (d) to supervise and control the processing of personal data for which the vendor maintains the Store’s customer data file; (e) obtain information in a commonly understood form of the content of such data; (f) to know the source from which the data to which it pertains originated, unless the data controller is obliged to maintain the secrecy of classified information or professional secrecy in this regard; (g) to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law, or is no longer necessary for the purpose for which it was collected.
  6. The customer, in accordance with Section 5, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The personal data controller shall be obliged to supplement, update, rectify the data, temporarily or permanently suspend the processing or delete them from the filing system on an ongoing basis and as soon as the request is made, unless the request concerns personal data, the procedure for supplementing, updating or rectifying of which is determined by separate provisions of law, including the Act.
  7. In the process of finalizing the order, the customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of August 29, 1997. On the protection of personal data (Journal of Laws 2014.1182). Data may be transferred to another entity only in situations required by law, or necessary for the execution of the order placed.
  8. The Customer may agree to receive advertising and commercial information from the Seller electronically by voluntarily subscribing to the Newsletter.
  9. The customer undertakes to use the Online Store in accordance with applicable laws and rules of social intercourse.
  10. The customer using the Seller’s services, implemented through the online store, is obliged to comply with these Regulations to the extent that they are necessary for the implementation of the order placed and are not contrary to applicable law and the principles of social coexistence.
  11. The Seller of the Online Store declares that the Goods available and sold in its Store are new, fit for use, safe and free from physical and legal defects. The goods fully correspond to the characteristics as displayed and described on the website of the Online Store.
  12. The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe.
  13. All the Goods on sale in the Online Store have been legally introduced into the Polish market in accordance with the law. Information about the Goods, located on the website of the Online Store, constitutes an invitation to conclude a contract within the meaning of Art. 71 of the Law of April 23, 1964. Civil Code. 14. The prices of the Goods contained on the website of the Online Store are given in the Polish currency (Polish Zloty) and Euro and are gross prices, including VAT. These prices do not include delivery costs, they are added only at the stage of selection by the Customer of the method of delivery of the ordered Goods.

§3 Terms of service

  1. The online store flymour.com provides services electronically.
  2. The condition for entering into the contract is the completion of the order form. Entering into the agreement is voluntary.
  3. The contract for the provision of services is concluded electronically in the form of allowing the customer to fill out an order form, located in the Online Store.
  4. The contract is concluded for a definite period of time at the time when the Customer proceeds to fill out the form, and is terminated upon withdrawal from filling out the form or upon sending the completed form to the Seller.
  5. The process of filling in the order form is organized in such a way that each customer has the opportunity to read it before deciding to conclude a contract or to make changes to this contract.
  6. The service specified in item. 1 is provided free of charge, but requires access to the Internet.
  7. You can place an order electronically 24 hours a day, 7 days a week.
  8. The customer, when finalizing the purchase, marks the clause in the corresponding order box: “I consent to the processing by the store of my personal data contained in the order form, for the purpose and to the extent necessary for its implementation.”. Checking the clause is necessary for the conclusion of the contract. Failure by the customer to mark the aforementioned consent will mean withdrawal from the conclusion of the contract, resulting in the transaction will not be completed. Pursuant to Article 8(2) of the RODO, the administrator, taking into account the available technology, shall endeavor to verify that the person with parental authority or custody of the child (under 13 years of age) has given or approved the consent.
  9. Requirements necessary to use the services of the Online Store:

    (a) a device with access to the Internet,

    b) Internet browser, for example: Internet Explorer version 8.0 or later, Mozilla Firefox version 22.0 or later, Google Chrome version 28.0 or later, Opera version 12.0 or later, Apple Safari 5.0 or later, – all with Java applets, JavaScript and cookies enabled;

    (c) access to e-mail.

  10. The Customer’s costs for Internet access and data transmission are borne solely by the Customer, in accordance with the tariff of the provider with whom the Customer has signed an Internet service contract.

§4 Sales contract

  1. In order to conclude a valid and binding contract of sale between the parties, the Customer shall make a selection in accordance with the displayed offer of the Online Store, specifying the quantity of Goods he intends to purchase and its specifications, respectively. After selecting the Goods, the Customer fills out an electronic order form, indicating in it the data necessary for the Seller to process the order, such as the place of delivery and the form of payment, based on the available options.
  2. Registration of a Customer Account in the Online Store is voluntary and free of charge.
  3. Immediately upon receipt of the order, the Seller sends the Customer (electronically to the e-mail address provided during order placement) a statement of acceptance of the order, which is also a confirmation of the order. Upon receipt of the message by the customer, the conclusion of the sales contract is reached.
  4. The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of ordered Goods, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if any).
  5. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of a provision on how to combine different promotions/rebates, only one discount (one promotion) can be selected for a given purchase.

§5 Order execution

  1. The Seller processes the Customer’s order according to the order of receipt – each order is important and priority in the Store.
  2. The lead time for a single Customer is from 1 to 5 business days from the date of finalization of the Order. For products marked with “Preorder” availability, the delivery time is specified on the product page. The lead time consists of the order preparation time, i.e. picking and packing the order and releasing the shipment to the courier. The delivery time of the order depends on the selected method of delivery and may vary depending on the type of delivery of the means of transport indicated by the Customer.
  3. In the event of exceptional circumstances or inability to carry out the order in the indicated in paragraph. 2 date, the Seller will immediately contact the customer to determine the further course of action, including the establishment of another date for the execution of the order or a change in the method of delivery.

§6 Delivery

  1. Delivery of Goods shall be made via Furgonetka.pl, in a manner that does not involve excessive and unreasonable costs on the part of the Seller and the Customer.

  2. Ordered Goods are delivered according to the Customer’s choice directly to the Customer’s address indicated during ordering in the electronic order form.

  3. Goods are always packed in a manner consistent with their characteristics, so that they are not damaged, lost or destroyed during transport.

  4. The customer is kept informed about the cost of delivery. These costs are specified when the customer fills out the electronic order form. The amount of shipping costs depends on the country to which the order is shipped and the number of ordered goods their weight and the method of shipment.

  5. At the time of delivery, the Customer who is a Consumer, or a third party authorized by him, should, if possible, carefully check the condition of the package, in particular: whether it is not damaged, does not bear traces of interference by unauthorized persons and whether its contents are intact. If any damage or other irregularities are found, the Customer should, in the presence of the courier, if possible, draw up a damage report, do not accept the shipment and notify the Seller. This provision does not in any way exclude or limit the rights of the Customer, being a Consumer, to file a complaint and is intended only to help determine the damage and the person responsible for it. Report of damage to the shipment is not subject to the protocol made by the Buyer at the courier . The consumer has the right to carefully examine the shipment and determine whether it is as described.

§7 Payment methods

  1. The Seller allows payment for the ordered Goods in the form of prepayment to the following bank account:
    • Kamil Kantor
    • Na Równi 95
    • Waksmund 34-431
    • PLN: PL86 1240 1574 1111 0010 5870 4933
    • EUR: PL86 1240 1574 1111 0010 5870 4933
  2. Electronic payment can be made through Paypal service.
  3. Payment on delivery (i.e. payment for the order in cash/card to the courier upon receipt of the order) – the Customer pays at the courier’s office while picking up the ordered Goods at the address indicated by the Customer in the order. This form of payment is available only in the territory of the Republic of Poland.
  4. The Seller documents the sale of Goods in accordance with the Customer’s request: a receipt or a VAT invoice. Proof of purchase in the form of a receipt or a VAT invoice is provided to the Customer together with the ordered Goods. For all Goods ordered from the Online Store, the Seller has the option to issue a VAT invoice.
  5. Electronic payments are handled by the operator Blue Media Joint Stock Company Sopot (81-718 ), ul. Powstańców Warszawy 6, KRS 0000320590.
  6. Available payment methods are: Payment cards (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro), Online payments, Mobile BLIK payments, Google Pay payments.
  7. If there is a need for a refund for a transaction made by the customer with a payment card, the Seller will make the refund to the bank account assigned to the payment card from which the payment was made (unless the customer indicates a different bank account to which the refund is to be made). In the case of payment by card, the delivery date of goods or services is calculated from the moment of positive authorization of the transaction.

§8 Warranty

  1. Delivery of Goods under the fulfillment of the resulting warranty for defects is carried out at the expense of the Seller.
  2. The Seller shall be liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. The Seller shall be liable to the Consumer if the Consumer Goods at the time of their release were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for non-conformity of the Goods with the contract, if it is found before the expiration of two years from the issuance of such Goods to the Buyer, and if the Goods are replaced, the time limit shall run anew. A physical defect consists in the non-conformity of the sold thing with the contract, for example, it was delivered to the buyer in an incomplete state.
  3. Notification of defects in the Goods should be sent electronically to the Seller’s e-mail address or in writing to the Seller’s postal address (see §1 item 3.: “Seller’s address” ). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification can be sent, for example, on the form attached hereto as Appendix No. 2, which is only to facilitate the complaint process and does not constitute any requirement to use the aforementioned template for the effectiveness of the complaint.
  4. If it is necessary for proper assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller’s registered office (see §1 item 3.: “Seller’s address” ), whenever the properties of the Product allow it.
  5. The Seller shall respond immediately to the Consumer’s application, but no later than within 14 calendar days of receipt. Failure to consider the application within the specified period is equivalent to its acceptance by the Seller and recognition as legitimate.
  6. The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.

§9 Withdrawal

  1. In accordance with the law, the Customer who is a Consumer, pursuant to Art. 27 of the Law of May 30, 2014. On Consumer Rights (Journal of Laws of 2014, item 827), you have the right to withdraw from a contract concluded remotely without giving any reason.

  2. The right to withdraw from the contract is granted within 14 calendar days from the moment the Goods take possession of the Customer (who is also a Consumer) or a third party designated by him, other than the carrier.

  3. Upon withdrawal from the contract by the Customer (Consumer), the contract is considered not concluded and the Consumer is released from all obligations. What the parties have rendered to each other is subject to return as is. The return should be made immediately, no later than fourteen days.

  4. The Customer may withdraw from the contract by submitting a statement in the electronic form, attached hereto as Appendix No. 1, by sending it electronically or to the postal address of the Seller. Appendix No. 1 is only an aid to withdrawal from the contract, it is not a necessary model for exercising the right to withdraw from the contract. The customer may or may not use it. For effective withdrawal from the contract, it is sufficient to send the statement in writing to the address of the Seller before the deadline for its submission.

  5. The Seller will immediately acknowledge to the Customer the receipt of the statement of withdrawal from the contract and inform the Customer about the further procedure, including how to return the Goods, and will answer any questions.

  6. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s statement of withdrawal from the contract, together with the intact Goods, refund to the Customer the cost of purchase of the Goods less the cost of shipping. The seller shall refund the payment using the same method of payment used by the Customer when finalizing the order, unless the Customer expressly indicated in the statement a different method of payment refund.

  7. The seller may withhold reimbursement of received payments until it receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.

  8. The customer is obliged to return the item to the seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract. To meet the deadline it is sufficient to send back the Goods before its expiration.

  9. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.

  10. The consumer, has the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article. 33, Art. 34 Consumer Law.

  11. The goods should be delivered to the warehouse address, i.e. FLYMOUR Kamil Kantor, Na Równi95, Waksmund, 34-431.

  12. The consumer shall be liable for any diminution in the value of the item resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the returned Goods, but only in the way he could do so in a stationary store (i.e., check their completeness and technical parameters). This is because the consumer cannot normally use the item that is subject to return, otherwise the return may not be recognized and the Goods sent back to the customer.

  13. The customer’s right of withdrawal does not apply to the contracts specified in Art. 38 of the Law of May 30, 2014. On Consumer Rights (Journal of Laws 2019.0.134 i.e. ).

  14.  

§10 Complaint procedure

  1. For proper submission of a complaint, the Customer should provide his/her data: name and surname or company name, address of residence or registered office and e-mail address, the subject of the complaint, order number with an indication of the period to which the complaint relates and the circumstances justifying the complaint (description of what it consists of), or what features the ordered Goods do not have, and according to the Seller’s assurances or according to the way they were presented to the Customer, they were supposed to have.
  2. If the Customer is a Consumer, he/she may request a replacement of the Goods with one that is free of defects or, instead of replacing the Product, request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs. In assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account.
  3. Unless otherwise stipulated in separate provisions, the entrepreneur is obliged to respond to the consumer’s complaint within 14 calendar days from the date of its receipt. If the entrepreneur has not responded to the complaint within the period referred to above, he is considered to have acknowledged the complaint. The Seller’s response to the complaint shall be provided to the Consumer on paper or electronically.

§11 Out-of-court ways of dealing with complaints and claim investigation

  1. Information on out-of-court procedures for handling complaints and pursuing claims, as well as on the rules of access to these procedures, is made available at the offices and on the websites of district (or city) consumer ombudsmen and social organizations whose statutory tasks include the protection of consumers. This information can also be obtained from the Provincial Inspectorates of Trade Inspection and the following addresses of the Office of Competition and Consumer Protection:
  2. The consumer has, among other things, the following avenues for out-of-court complaint handling and redress:
    1. applying to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute
    2. applying to the Permanent Arbitration Consumer Court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php
    3. requesting free legal assistance m. in. to the Consumer Federation – more information at: www.federacjakonsumentow.org.pl
  3. The Network of European Consumer Centers helps resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center: www.konsument.gov.pl.
  4. The consumer can also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/. The European ODR platform provides a single point of access for consumers and businesses to resolve out-of-court disputes over contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
  5. The use of out-of-court means of handling complaints and claims is voluntary and can take place only if both parties to the dispute, i.e. the Seller and the Customer agree to it.

§12 Provisions concerning entrepreneurs

  1. The regulations and provisions in this paragraph apply only to Customers and Service Recipients who are not consumers.
  2. The seller reserves the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the contract of sale may take place without stating any reason and may not give rise to any claims on this account on the part of the non-consumer customer against the seller.
  3. In the case of customers who are recipients of the service and who are not also consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without indicating reasons, provided that it has sent the customer an appropriate statement.
  4. The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the payment method selected and the fact of concluding a sales contract.
  5. The danger of accidental loss of or damage to the product passes to the buyer as soon as the seller delivers the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens associated with the goods also pass to the non-consumer customer. The seller in such a case is not responsible for loss, loss, damage from the moment of its acceptance by the carrier until its release to the customer.
  6. The non-consumer customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the product during transport, he is obliged to do all things necessary and appropriate to determine the liability of the carrier.
  7. The seller informs that in accordance with Art. 558 § 1 of the Civil Code, product warranty liability to the non-consumer customer is excluded.
  8. The seller’s liability is limited under a single claim, as well as for all claims in the aggregate, to the amount paid. The seller is liable only for typical damages foreseeable at the time of the contract and is not liable for lost profits.
  9. Any dispute between the online store and a non-consumer customer shall be submitted to the court having jurisdiction over the seller’s headquarters.

§13 Final provisions

  1. The online store respects all the rights of customers provided by the provisions of applicable law.

  2. If applicable law grants customers more favorable regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly superseded by specific norms of applicable law and are thus binding on the Online Store.

  3. All content on the website of the Online Store (including graphics, texts, page layout and logos), enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of this content without the written consent of the Seller will result in civil and criminal liability.

  4. The store owner, as the controller of personal data, inform the customer that:

    1. Provision of personal data is always voluntary but necessary to complete the order,

    2. the person providing his/her personal data has the unlimited right to access all the contents of his/her data and to rectify, delete (right to be forgotten), limit processing; he/she has the right to data portability, the right to withdraw consent to data processing at any time, without affecting the lawfulness of processing – however, the data may be made available to the relevant state authorities when the relevant regulation requires it,

    3. the basis for the processing of personal data will be art. 6 paragraph. 1(a) and the contents of the General Data Protection Regulation,

    4. personal data will be stored and processed for the period necessary to complete the processing and fulfillment of the order, but no longer than for a period of 3 years (the period of 2 years is the period of complaints, and the period of 1 year for possibly other claims and exceptional situations),

    5. the person providing his/her personal data has the right to lodge a complaint with GIODO if he/she considers that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016.

  5. With regard to the processing of personal data of this store, an adequate degree of protection has not been determined by the European Commission through a decision, but the data will be adequately secured through IT/legal solutions and measures.

  6. Customer data will be processed by automated means, including profiling.

  7. In other matters not regulated by the provisions of these Regulations, the relevant provisions of applicable Polish law shall apply, in particular:

    1. Law of March 2, 2000. On the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22 item 271 as amended),

    2. Law of July 27, 2002. On specific terms and conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended),

    3. Law of April 23, 1964. Civil Code (Journal of Laws 1964 no. 16 item 93 as amended),

    4. Law of August 29, 1997. On protection of personal data ( Journal of Laws 2002 No. 101 item 926 as amended),

    5. Law of July 18, 2002. On provision of services by electronic means (Journal of Laws 2013, item 1422),

    6. Law of June 30, 2000. Industrial Property Law (Journal of Laws 2001 No. 49 item 508 as amended),

    7. Law of February 4, 1994. On Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631 as amended),

    8. Law of May 30, 2014. On consumer rights (Journal of Laws 2014, item 827).

  8. The Regulations, as amended, are binding on Customers if the requirements set forth in Art. 384 of the Civil Code (i.e., the customer was properly notified of the changes).

  9. The Seller reserves the right to make changes to the Terms and Conditions for important reasons.

  10. Changes to the regulations do not affect orders already placed and completed. To them, the rules and regulations in effect at the time of the order are applicable.

  11. Disputes arising as a result of the provision of services under these Regulations shall be submitted to the settlement of the Common Court at the choice of the Customer who is also a consumer, in accordance with the applicable provisions of Polish law.

  12. The annexes to the Regulations are an integral part of the Regulations.

  13. The sales contract is concluded in the Polish language, with the content in accordance with the Regulations.

  14. Customers of the flymour.com Store may access these Terms and Conditions at any time, through the link provided on the home page of the website, and download and make a printout. Commercial use of these terms and conditions without the written consent of the Seller is prohibited.

  15. The regulations come into force on August 01, 2020.