TERMS OF CRAFTYCLIMBING.COM ONLINE STORE

The conclusion of an agreement between the Buyer and the Seller may take place in two ways

The Buyer has the right, before placing an order, to negotiate any provisions of the agreement with the Seller, including those changing the provisions of the regulations below. These negotiations should be conducted in writing and addressed to the Seller

CRAFTY CLIMBING Mariusz Robak ul. Czytankowa 14/4, 51-173 Wrocław, POLAND

In the event of the Buyer waiving the possibility of concluding an agreement through individual negotiations, the following regulations and relevant legal provisions shall apply.

REGULATIONS

§1 Definitions

1. Mailing address - the name and surname or the name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code, and locality.

2. Complaint address:

CRAFTY CLIMBING

Mariusz Robak

ul. Czytankowa 14/4

51-173 Wrocław

POLAND

3. Delivery price list: summary of delivery types and costs in the cart (basket)

4. Contact details: 

CRAFTY CLIMBING

Mariusz Robak

ul. Czytankowa 14/4

51-173 Wrocław

POLAND

Email: info@craftyclimbing.com

Phone: +48 603 818 110

5. Delivery – type of transportation service along with the specification of the carrier and cost listed in the delivery price list available at https://craftyclimbing.com/en_US/i/SHIPPING/34 

6. Proof of purchase - an invoice, bill, or receipt issued in accordance with the polish Act on Goods and Services Tax dated March 11, 2004, as amended, and other relevant legal regulations.

7. Product card – a single subpage of the store with informations about a single product.

8. Client – an adult natural person with full legal capacity, a legal entity, or an organizational unit without legal personality but with legal capacity, making a purchase directly related to its economic or professional activity from the Seller.

9. Civil Code - polish the Civil Code Act of April 23, 1964, as amended.

10. Code of Good Practices - a set of rules of conduct, particularly ethical and professional norms, referred to in Article 2(5) of the polish Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

11. Consumer– an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their economic or professional activity.

12. Card (basket) – a list of products compiled from the products offered in the store based on the Buyer's selections.

13. Buyer – both the Consumer and the Client.

14. Place of handing over the item - the mailing address or pickup point indicated in the order by the Buyer.

15. Moment of handing over the item - the moment when the Buyer or a third party designated by them takes possession of the item.

16. ODR Internet Platform – a European Union online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr

17. Payment – the method of payment for the subject of the agreement and delivery listed at  craftyclimbing.pl/platnosci

18. Authorized entity – an entity authorized to resolve consumer disputes out of court within the meaning of the polish Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.

19. Consumer Law – the polish Consumer Rights Act of May 30, 2014.

20. Product – the minimum and indivisible quantity of an item that may be the subject of an order, and which is listed by the Seller as the unit of measurement when determining its price (price per unit).

21. Subject of agreement – products and delivery that are the subject of the agreement.

22. Subject of performance - the subject of the agreement.

23. Pick up point – a location for handing over items that is not a mailing address, listed in the compilation provided by the Seller in the store.

24. UOKiK Register ­– a register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the polish Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at:  https://uokik.gov.pl/rejestr_podmiot_uprawnionych....

25. Thing – a movable item that may be or is the subject of the contract.

26. Shop – an online service available at the address craftyclimbing.com, through which the Buyer can place an order.

27. Seller:

Company's data:

Mariusz Robak

ul. Czytankowa 14/4

51-173 Wrocław

POLAND

VAT Number: PL6652786142

Bank Account EUR
IBAN: PL 07 1140 2004 0000 3012 1066 4706
SWIFT/BIC: BREXPLPWMBK

28.  System – a set of interconnected computer devices and software providing processing and storage, as well as sending and receiving data through telecommunication networks using the appropriate end-user device for the given type of network, commonly referred to as the Internet.

29.  Fulfillment time – the number of working hours or days specified on the product card.

30.  Contract – an agreement concluded outside the entrepreneur's premises or at a distance within the meaning of the polish Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales contract within the meaning of polish Article 535 of the Civil Code of April 23, 1964, in the case of Buyers.

31.  Defect– both a physical defect and a legal defect.

32.  Physical defect – non-compliance of the sold item with the contract, particularly if the item:

a. does not possess the qualities that an item of this kind should have due to the purpose specified in the contract or arising from the circumstances or intended use;

b. does not possess qualities about which the Seller assured the Consumer;

c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise objections to such purpose;

d. was handed over to the Consumer in an incomplete condition;

e. in the event of improper installation and activation, if these actions were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer, who acted according to the instructions received from the Seller;

f. does not possess the qualities assured by the manufacturer or its representative, or the person who introduces the item into circulation within their economic activity, and the person who, by placing their name, trademark, or other distinguishing mark on the sold item, represents themselves as the manufacturer, unless the Seller was unaware of these assurances, or, reasonably assessing, could not have known about them, or they could not have influenced the Consumer's decision to conclude the contract, or their content was corrected before the contract was concluded.

33.  Legal defect – a situation where the sold item is the property of a third party or is encumbered with the rights of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of the competent authority.

34.  Order– the Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of item handover; the Buyer's data, aimed directly at concluding an agreement between the Buyer and the Seller.

35. Maximum delivery time - maximum delivery time of the product to the Buyer from the moment of placing the order

§2 General Terms

1. The contract is in Polish language, according to Polish law and these regulations.

2. The place of item handover must be located within the territory of the Republic of Poland

3. The Seller is obligated and undertakes to provide services and deliver items free from defects.

4. All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of products do not include the cost of delivery, which is specified in the delivery price list.

5. All deadlines are calculated in accordance with Article 111 of the Civil Code, which means that a deadline specified in days ends at the end of the last day, and if the beginning of the deadline specified in days is a certain event, the day on which this event occurred is not included in the calculation of the deadline.

6. Confirmation, provision, recording, securing of all essential provisions of the contract for access to this information in the future is done in the form of:

a. confirmation of the order by sending to the specified email address: order confirmations, pro forma invoices, information about the right of withdrawal from the contract, this regulation in PDF version, a template withdrawal form in PDF version, links for self-downloading of the regulation and withdrawal form;

b. inclusion with the fulfilled order, sent to the designated place of item handover, printed: proof of purchase, information about the right of withdrawal from the contract, this regulation, a template withdrawal form.

7. The Seller informs about any warranties known to them provided by third parties for products available in the store.

8. Payments are processed by the company Blue Media S.A. with its registered office in Poland, Sopot, ul. Haffnera 6, postal code: 81-717, KRS: 0000320590, operator of the BlueMedia payment service.

9. In the case of credit card payments, the following types of cards are accepted in the Store: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.

10. The Seller does not charge any fees for communication with them using means of distance communication, and the Buyer will bear the costs according to the agreement made with a third party providing a specific service enabling communication at a distance.

11. The Seller ensures correctness of the store's operation for Buyers using the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store; therefore, in order to achieve full functionality of the craftyclimbing.com store, all of them should be disabled.

12. The Buyer may use the option of storing their data by the store to facilitate the process of placing subsequent orders. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are strings of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the possibility to view, correct, update data, and delete the account in the store at any time.

13. The Seller adheres to the code of good practices.

14.  The Buyer is obligated to:

a. not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory or infringing on the personal rights and other rights of third parties,

b. use the store in a manner that does not disrupt its functioning, especially by using specific software or devices,

c. refrain from actions such as: sending or posting unsolicited commercial information (spam) within the store,

d. use the store in a manner that is not burdensome for other Buyers and for the Seller,

e. use all content posted within the store only for personal use,

f. use the store in accordance with the provisions of the applicable law in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general principles of netiquette.

§3 Conclusion of the contract and execution

1. Orders can be placed 24 hours a day.

2. In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:

a. adding the product to the cart;

b. selecting the type of delivery;

c. selecting the type of payment;

d. selecting the place of item handover;

e. placing an order in the store by using the "Order and pay" button.

3. The conclusion of the contract with the Consumer occurs upon placing the order.

4. The fulfillment of an order by a Consumer paid on delivery occurs immediately, and orders paid by bank transfer or via electronic payment system are fulfilled upon receipt of payment by the Seller's account, or in the case of card payments, upon obtaining positive authorization, within 30 days from placing the order, unless the Consumer was unable to perform the service through no fault of their own and informed the Seller of this.

5. The conclusion of the contract with the Client occurs upon acceptance of the order by the Seller, who informs the Client within 48 hours of placing the order.

6. The fulfillment of the Client's order paid on delivery occurs immediately after the conclusion of the contract, and orders paid by bank transfer or via electronic payment system are fulfilled upon conclusion of the contract and receipt of payment by the Seller's account.

7. The fulfillment of the Client's order may be conditional upon making a full or partial payment of the order value or obtaining a credit limit of at least the order value or the Seller's consent to send the order on delivery (paid upon receipt).

8. The dispatch of the subject of the contract occurs within the period specified on the product card, and for orders consisting of multiple products, within the longest period specified on the product cards. The term starts from the moment the order is fulfilled.

9. The purchased item of the contract, together with the selected sales document by the Buyer, is sent by the selected delivery method to the place of item handover indicated by the Buyer in the order, along with the attached annexes mentioned in §2 point 6b.

10. The maximum delivery time is 60 days.

§4 Right of withdrawal from the contract

1. The Consumer has the right, based on Article 27 of the Consumer Rights Act, to withdraw from a distance contract without giving any reason and without incurring costs, with the exception of the costs specified in Article 33, Article 34 of the Consumer Rights Act.

2. The withdrawal period from a distance contract is 14 days from the date of item delivery, and to meet the deadline, it is sufficient to send a statement before its expiry.

3. The statement of withdrawal from the contract can be submitted by the Consumer using a form, the template of which is attached as Annex No. 2 to the Consumer Rights Act, on a form available at craftyclimbing.pl/returns, or in another form compliant with the Consumer Rights Act.

4. The Seller shall immediately confirm to the Consumer via email (provided when the contract was concluded, or another email if provided in the submitted statement) the receipt of the statement of withdrawal from the contract.

5. In the event of withdrawal from the contract, the contract is considered not concluded.

6. The Consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the day they withdrew from the contract. To meet the deadline, it is sufficient to return the item before the expiry of the deadline.

7. The Consumer returns the item that is the subject of the contract from which they withdrew at their own expense.

8. The Consumer does not bear the costs of delivering digital content that is not stored on a tangible medium, if they have not consented to the performance of the service before the withdrawal period expires, or have not been informed of the loss of their right of withdrawal at the time of giving such consent, or if the trader has not provided confirmation in accordance with Article 15(1) and Article 21(1) of the Consumer Rights Act.

9. The Consumer is liable for any diminished value of the item that is the subject of the contract resulting from using it in a way that goes beyond necessary to establish its nature, characteristics, and functioning.

10. The Seller shall refund all payments made by the Consumer, including the costs of item delivery, immediately and no later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, and if the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not reimburse the Consumer for any additional costs in accordance with Article 33 of the Consumer Rights Act.

11. The Seller shall make the refund using the same payment method as the Consumer used, unless the Consumer expressly agreed to a different payment method that does not incur any costs for them. In the event of a refund for a transaction made by the customer using a payment card, the Seller shall refund it to the bank account associated with the Consumer's or Customer's payment card.

12. The Seller may withhold the refund until they have received the item back or until the Consumer provides proof of its return, whichever occurs first.

13. Pursuant to Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from the contract in the following cases:

a. 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 expiry of the withdrawal period from the contract;

b. for the supply of goods made to the consumer's specifications or clearly personalized;

c. for the supply of goods which are liable to deteriorate or expire rapidly;

d. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

e. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

f. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;

g. for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and their acknowledgment that they thereby lose their right of withdrawal;

h. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

1. Pursuant to Article 558§1 of the Civil Code, the Seller entirely excludes liability towards Customers for physical and legal defects (warranty).

2. The Seller is liable to the Consumer under the rules set out in Article 556 of the Civil Code and subsequent articles for defects (warranty).

3. In the case of a contract with a Consumer, if a physical defect is found before the expiry of one year from the date of delivery of the item, it is presumed that it existed at the time when the risk passed to the Consumer.

4. If the sold item has a defect, the Consumer may:

a. submit a statement requesting a price reduction;

b. submit a statement of withdrawal from the contract;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the item with a defect-free one or remove the defect, the Consumer is not entitled to exchange the item or remove the defect.

5. Instead of the remedy proposed by the Seller, the Consumer may demand the replacement of the item with one free from defects, or instead of replacing the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, taking into account the value of the defect-free item, the type and significance of the identified defect, as well as the inconvenience to which another method of satisfaction would expose the Consumer.

6. The Consumer cannot withdraw from the contract if the defect is insignificant.

7. If the sold item has a defect, the Consumer may also:

a. demand the replacement of the item with one free from defects;

b. demand the removal of the defect.

8. The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time and without undue inconvenience to the Consumer.

9. The Seller may refuse to comply with the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing it into conformity with the contract.

10. If the defective item has been installed, the Consumer may demand from the Seller the dismantling and reinstallation after the exchange for a defect-free item or the removal of the defect; however, the Consumer is obliged to bear part of the costs associated with this exceeding the price of the sold item or may demand from the Seller payment of part of the dismantling and reinstallation costs up to the amount of the price of the sold item. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these actions at the expense and risk of the Seller.

11. The Consumer, exercising the rights under the warranty, is obliged, at the expense of the Seller, to deliver the defective item to the complaint address, and if, due to the nature of the item or the way it is installed, delivering the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.

12. The costs of exchange or repair are borne by the Seller, except for the situation described in §5 point 10.

13. The Seller is obliged to accept from the Consumer the defective item in the event of replacement of the item with one free from defects or withdrawal from the contract.

14. Within fourteen days, the Seller will respond to statements made pursuant to Article 561 of the Civil Code: a request for a price reduction, a request for the replacement of the item with one free from defects, a request for the removal of the defect. The Seller will respond within thirty days (Article 7a of the Consumer Rights Act) to any other statement of the Consumer, to which the fourteen-day period specified in the Civil Code does not apply. Otherwise, it is considered that the Seller has deemed the Consumer's statement or request justified.

15. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.

16. The Consumer's claim for the removal of a defect or replacement of the item sold with one free from defects is time-barred after one year from the date of discovering the defect, but not earlier than before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.

17. In cases where the deadline for the usefulness of the item for use specified by the Seller or the manufacturer expires after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of this period.

18. Within the deadlines specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect of the item sold, and if the Consumer requested the replacement of the item with one free from defects or the removal of the defect, the deadline for submitting a statement of withdrawal from the contract or a price reduction starts running from the ineffective expiry of the deadline for replacing the item or removing the defect.

19. In the event of pursuing before a court or an arbitration court one of the rights under the warranty, the deadline for exercising other rights accruing to the Consumer from this title is suspended until the final conclusion of the proceedings becomes legally binding. The same applies to mediation proceedings, whereby the deadline for exercising other rights under the warranty accruing to the Consumer starts running from the date of refusal by the court to approve the settlement reached before the mediator or from the ineffective conclusion of the mediation.

20. To exercise the rights under the warranty for legal defects of the item sold, the provisions of §5 points 15-16 apply, with the commencement of the deadline starting from the day when the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a third-party action, from the day when the judgment issued in the dispute with the third party became legally binding.

21. If, due to a defect in the item, the Consumer has submitted a statement of withdrawal from the contract or a reduction in price, they may demand compensation for the damage suffered by entering into the contract without knowing about the existence of the defect, even if the damage was a result of circumstances for which the Seller is not responsible. In particular, the Consumer may demand reimbursement of the costs of entering into the contract, costs of collection, transportation, storage, and insurance of the item, reimbursement of expenses incurred to the extent that they have not benefited from them and have not received reimbursement from a third party, as well as reimbursement of legal costs. This does not derogate from the provisions on the obligation to compensate for damage on general principles.

22. The expiration of any deadline for identifying a defect does not preclude the exercise of rights under the warranty if the Seller fraudulently conceals the defect.

23. The Seller, to the extent they are obligated to provide a service or financial benefit to the Consumer, shall do so without undue delay, no later than the deadline provided for by law.

§6 Privacy Policy and Personal Data Security

1. The Seller is the administrator of personal data databases provided by Consumers in the store.

2. The Seller undertakes to protect personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as "GDPR".

3. By providing their personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller for the purpose of fulfilling the placed order. The Buyer has the possibility to access, correct, update, and delete their personal data at any time.

4. Detailed rules for collecting, processing, and storing personal data used to fulfill orders by the store are described in the Privacy Policy, available at: https://craftyclimbing.com/privacy_policy

§7 Final Provisions 

1. None of the provisions of this regulation are intended to violate the rights of the Buyer. They shall not be interpreted as such, as in the event of any inconsistency between any part of the regulation and the applicable law, the Seller declares absolute subordination to and compliance with that law in place of the contested provision of the regulation.

2. Registered Buyers will be notified electronically (to the email provided during registration or ordering) about changes to the regulation and their scope. Notification will be sent at least 30 days before the new regulation comes into effect. Changes will be made to adapt the regulation to the current legal status.

3. The current version of the regulation is always available to the Buyer in the regulation tab (craftyclimbing.pl/regulamin). During the order fulfillment process and throughout the entire after-sales service period, the Buyer is bound by the regulation accepted by them when placing the order. Except in cases where the Consumer considers it less favorable than the current one and informs the Seller of the choice of the current one as binding.

4. Matters not regulated by this regulation shall be governed by the applicable legal provisions. Disputable issues, if the Consumer expresses such a wish, shall be resolved through mediation proceedings before the Voivodship Trade Inspection Offices or through arbitration before the Voivodship Trade Inspection Office. The Consumer may also use equivalent and legally compliant methods of out-of-court settlement of disputes, e.g., through the EU ODR internet platform or by choosing any authorized entity from the UOKiK registry. The Seller declares its intention and consent to out-of-court consumer dispute resolution.

Ultimately, the matter shall be settled by the competent court with jurisdiction.