The online store available at the web address https://sailingtogo.eu/ is operated by LANAPOL Sviatlana Tsimavets, ul. Stanisława Żaryna 7/24, 02-593 Warsaw, NIP: 5214009403, REGON: 524686606
Seller’s Address: ul. Stanisława Żaryna 7/24, 02-593 Warsaw
Seller’s E-mail Address: hello@sailingtogo.eu
Seller’s Phone Number: +48 731 012 270
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store and the rules and procedures for concluding Distance Sales Agreements with the Customer via the Store.
Definitions
Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – as specified in point one of the PRELIMINARY PROVISIONS section of the regulations.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality, to which a separate act grants legal capacity, conducting business activity in its own name, which uses the Store.
Store – the online store run by the Seller at the web address indicated in point one of the PRELIMINARY PROVISIONS section.
Distance Agreement – an agreement concluded with the Customer as part of an organized system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
Terms and Conditions – these regulations of the Store.
Order – the Customer’s declaration of intent made via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
Account – the Customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by them in the Store are collected.
Registration Form – a form available in the Store that allows creating an Account.
Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order data, in particular the quantity of products.
Product – a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales agreement concluded or entered into between the Customer and the Seller via the online Store. A Sales Agreement is also understood – depending on the characteristics of the Product – as a service agreement or a contract for specific work.
Contact with the Store
The Customer may communicate with the Seller using the addresses and phone numbers provided in the general provisions.
The Customer may contact the Seller by phone between 9:00 AM and 5:00 PM.
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a terminal device with access to the Internet and a web browser,
an active electronic mail (e-mail) account,
enabled support for cookies.
General Information
The Seller, to the widest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
Prices given in the Store are in Polish Zloty (PLN) and are gross prices (including VAT).
The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery, and postal services), about which the Customer is informed on the Store’s pages during the placing of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final (total) price is the total price including all payments for the settlement period.
When the nature of the subject of the Agreement does not allow, reasonably judging, for the prior calculation of the final (total) price, information on the manner in which the price will be calculated, as well as on charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.
Creating an Account in the Store
To create an Account in the Store, you must fill out the Registration Form. It is necessary to provide the following data: first name, last name, delivery address, e-mail address, contact phone number.
Creating an Account in the Store is free of charge.
Logging into the Account is done by providing the login and password established in the Registration Form.
The Customer has the option at any time, without giving a reason and without incurring any fees, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.
Rules for Placing an Order
To place an Order, you should:
log in to the Store (optional);
select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
log in or use the option to place an Order without registration;
if the option to place an Order without registration was chosen – fill out the Order Form by entering the details of the recipient of the Order and the address to which the delivery of the Product is to take place, choose the type of shipment (method of Product delivery), enter the invoice details if they are different from the recipient’s details,
click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail message,
choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
Offered Delivery and Payment Methods
The Customer may use the following methods of delivery or collection of the ordered Product:
Postal shipment, cash on delivery postal shipment,
Courier shipment, cash on delivery courier shipment,
Personal collection available at the company’s headquarters.
The Customer may use the following payment methods:
Payment on collection
Cash on delivery (COD)
Payment by bank transfer to the Seller’s account
Electronic payments
Payment by payment card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.
Execution of the Sales Agreement
The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Terms and Conditions.
After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided during the ordering process, which contains at least the Seller’s statements about receiving the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, the Sales Agreement is concluded between the Customer and the Seller.
If the Customer chooses:
Payment by transfer, electronic payments, or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sales Agreement – otherwise, the order will be cancelled.
Payment on delivery (COD), the Customer is obliged to make the payment upon receipt of the shipment.
Cash payment upon personal collection, the Customer is obliged to make the payment upon collection of the shipment within 3 days from the date of receiving information that the shipment is ready for collection.
If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the period specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
In the case of ordering Products with different delivery dates, the Customer has the option to request delivery of Products in parts or delivery of all Products after completing the entire order.
The start of the period for delivery of the Product to the Customer is calculated as follows:
If the Customer chooses the payment method by transfer, electronic payments, or payment card – from the date of crediting the Seller’s bank account.
If the Customer chooses the cash on delivery method – from the date of conclusion of the Sales Agreement.
In the case of the Customer choosing personal collection of the Product, the Product will be ready for collection by the Customer within the period indicated in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail message to the Customer’s e-mail address provided during the ordering process.
Right of Withdrawal from the Agreement
The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in section 1 begins from the delivery of the Product to the Consumer or a person designated by them other than the carrier.
In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the period indicated in section 1 runs from the delivery of the last item, batch or part.
In the case of an Agreement that consists in the regular delivery of Products for a specified period (subscription), the period indicated in section 1 runs from taking possession of the first item.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
The statement may be sent by traditional mail, fax, or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement can also be submitted on a form, the template of which is attached as Annex 1 to these Terms and Conditions and as an annex to the Act of May 30, 2014, on consumer rights, but it is not mandatory.
In the case of the Consumer sending the statement electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
Effects of withdrawal from the Agreement:
In the case of withdrawal from a distance Agreement, the Agreement is considered not concluded.
In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by them, including the costs of delivering the item, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to a different solution that does not involve any costs for them.
The Seller may withhold the refund until receipt of the Product back or until proof of its return is provided, whichever event occurs first.
The Consumer should send the Product back to the Seller’s address provided in these Terms and Conditions immediately, no later than 14 days from the day they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by standard mail.
The Consumer is only responsible for any reduction in the value of the Product resulting from using it in a way other than was necessary to establish the nature, characteristics, and functioning of the Product.
In the event that the Product cannot be returned by standard mail due to its nature, information about this, as well as the costs of returning the Product, will be found in the Product description in the Store.
The right to withdraw from a distance agreement does not apply to the Consumer in respect of the Agreement:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the package was opened after delivery,
in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items,
in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales agreement, and the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal from the agreement and after the Seller informed them about the loss of the right to withdraw from the Agreement.
Complaints and Warranty
New Products are covered by the Sales Agreement.
The Seller is obliged to deliver the item free from defects to the Customer.
In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding the statutory warranty (rękojmia) in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.
It is recommended that the complaint includes, among others, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect.
The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is considered that the Seller has recognized the Customer’s request as justified.
Goods returned under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
If a guarantee (warranty) has been granted for a Product, information about it, as well as its content, will be included in the Product description in the Store.
Out-of-court Methods of Resolving Complaints and Pursuing Claims
Detailed information regarding the possibility for the Consumer to use out-of-court methods of resolving complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities of using out-of-court methods of resolving complaints and pursuing claims:
The Consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
The Consumer can obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
Personal Data in the Online Store
The administrator of the Customers’ personal data collected via the online Store is the Seller.
Customers’ personal data collected by the administrator via the online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees – also for marketing purposes.
The recipients of the personal data of the online Store Customers may be:
In the case of a Customer who uses the postal shipment or courier shipment delivery method in the online Store, the Administrator shares the collected personal data of the Customer with the selected carrier or intermediary performing shipments on behalf of the Administrator.
In the case of a Customer who uses the electronic payment or payment card method in the online Store, the Administrator shares the collected personal data of the Customer with the selected entity servicing the above payments in the online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary to conclude a Sales Agreement results in the inability to conclude this agreement.
Final Provisions
Agreements concluded through the online Store are concluded in the Polish language.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
The Customer has the right to use out-of-court methods of resolving complaints and pursuing claims. For this purpose, they can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/
