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TERMS AND CONDITIONS

ONLINE STORE TERMS AND CONDITIONS

§ 1. Definitions

  1. Terms and Conditions - These Terms and Conditions define the rules for concluding distance sales contracts through the Online Store, the rules for performing these contracts, the rights and obligations of the parties to the distance sales contract, rules for withdrawal from the contract, and complaint procedures. For electronically provided services, these Terms and Conditions are the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
  2. Client - A natural person with full legal capacity, a legal person, or an organizational unit without legal personality, which the law grants legal capacity, who concludes a Distance Sales Agreement with the Seller.
  3. Consumer- A natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.
  4. Individual Entrepreneur - A natural person concluding a Distance Sales Agreement directly related to their business activity, where it is clear from the content of the agreement that it does not have a professional nature for this person, resulting particularly from the subject of their business activity as made available under the regulations on the Central Register and Information on Business Activity.
  5. Entrepreneur - A natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity on their own behalf.
  6. Seller: OSF Invest sp. z o.o., Phone: +48 533 495 729, Email: contact@oldschool-fishing.com, VAT Number: PL8992982481; National Court Register: 0001080763
  7. Seller's registered address: ul. Wawrzyniaka 3, 53-022 Wrocław, Poland
  8. Online Store - The website run by the Seller, available at the electronic address through which the Client can obtain information about the Product and its availability and purchase the offered Product.
  9. Distance Sales Agreement- A sales contract for the Product concluded via the Online Store.
  10. Product- A movable item that the Client can purchase in the Online Store.
  11. Privacy and Cookies Policy - A document provided by the Seller to the Buyer, detailing the rules for processing personal data and using cookies in the Online Store. The Privacy and Cookies Policy is Annex No. 1 to these Terms and Conditions and is available here.
  12. Electronic Order Form - An electronic procedure provided by the Seller for the Buyer to place orders for the offered Products.
  13. Rules for Withdrawal and Return of the Product- A document provided by the Seller to the Buyer, detailing the rules for withdrawing from the contract and returning the Product, constituting Annex No. 2 to these Terms and Conditions, available here.
  14. Complaint Rules - A document provided by the Seller to the Buyer, detailing the complaint procedures for the Product, constituting Annex No. 2 to these Terms and Conditions, available here.
  15. Sending the Order - Confirmation of the order by clicking the "Order and Pay" button by the Client, treated as the Client's binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
  16. Account - A set of data stored in the Online Store and the Seller's IT system regarding a given Client and the orders placed by them and the concluded Distance Sales Agreements, through which the Client can place orders and, at the appropriate time, cancel and conclude Distance Sales Agreements.
  17. Review on Order Processing or Specific Products- Subjective statements and ratings given by Clients in the form of stars.
  18. Payment Operator - IdoPayments sp. z o.o. based at al. Piastów 30, 71-064 Szczecin, Poland, registered in the Register of Entrepreneurs maintained by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Department; National Court Register: 0000859711, VAT Number: PL8522666251. Correspondence address: al. Piastów 30, 71-064 Szczecin, Poland, also referred to as "IdoPayments", being a national payment institution within the meaning of Article 2(16) of the Act of August 19, 2011 on Payment Services (Journal of Laws of 2020, item 794, as amended) [hereinafter: "UUP"].
  19. Payment Card - A card issued within the Visa or Mastercard systems, permitted by the regulations of these systems for transactions without physical presence.

§ 2. General Provisions

  1. Types and scope of services provided electronically:**
    a) Concluding online Sales Agreements for the Products offered in the Online Store.
    b) Adding reviews and ratings - The Client can add a review or rating to their order on a scale of 1 to 5.
    c) Sending emails to the Client regarding the order, etc.
    d) Enabling Clients to create a Client Account.
    e) Allowing browsing of Content posted by the Seller within the Online Store.
  2. Using the Online Store is possible provided that the IT system used by the Client meets the minimum technical requirements, i.e., an up-to-date version of an internet browser, such as Firefox, Chrome, Microsoft Edge, and any program for viewing PDF files.
  3. Content posted on the Online Store's website, including Product descriptions and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  4. The Seller provides these Terms and Conditions along with Annexes via a link posted on the main page of the Online Store before, during, and after concluding the Distance Sales Agreement. The Buyer can download and print it.
  5. To ensure the security of message and data transmission in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the security level of the provided services, particularly measures to prevent unauthorized access to and modification of personal data transmitted on the Internet.
  6. The Buyer is obliged, in particular, to:
    a) Provide only true, current, and necessary data in the order and registration forms when creating a Client Account.
    b) Use the services offered by the Seller in a manner that does not disrupt the functioning of the Seller or the Online Store.
    c) Use the services offered by the Seller in accordance with the applicable laws, the provisions of these Terms and Conditions, and the accepted customs and principles of social coexistence.
    d) Use the services offered by the Seller in a manner that does not inconvenience other Clients or the Seller.
    e) Pay the price and other agreed costs timely, including delivery costs.
    f) Not deliver or transmit any content prohibited by applicable law, particularly content infringing the intellectual property rights or personal rights of third parties, within the Online Store.

§ 3. Account

  1. The Client/User gains access to the Account after registration.
  2. As part of the registration, the Client provides the following data: country, first name, last name, address, phone number, email, and enters a login and password. The Client/User ensures that the data provided in the registration form is true. Registration requires thorough familiarization with these Terms and Conditions and ticking the box on the registration form confirming that the Client/User has read and fully accepts all its provisions.
  3. Upon granting the Client/User access to the Account, an indefinite service agreement for electronic services concerning the Account is concluded between the Seller and the Client. The Consumer may withdraw from this agreement under the terms specified in these Terms and Conditions.
  4. The Client/User can terminate the electronic service agreement at any time with immediate effect by informing the Seller via email or in writing to the data controller's address provided in the Privacy and Cookies Policy, constituting Annex No. 1 to these Terms and Conditions.
  5. The Seller has the right to terminate the service agreement concerning the Account in the event of discontinuation or transfer of the Online Store service to a third party, violation of the law or the provisions of these Terms and Conditions by the Client/User, and inactivity of the Client/User for six months. The termination of the agreement occurs with a seven-day notice period. The Seller may stipulate that re-registration of the Account will require the Seller's permission.

§ 4. Orders

  1. An order in the Online Store can be placed through the Account or by selecting the purchase option without registration, in which case an internal account is created, allowing the Client to create an Account.
  2. The purchase is made by completing the Electronic Order Form available on the Online Store pages. Products are selected by adding them to the cart. The Electronic Order Form specifies, among other things, which Products, at what price, and in what quantities the Client wants to order for the indicated location. The Client takes appropriate steps based on the displayed messages.
  3. After providing all necessary data, the order summary will be displayed. The order summary will contain information identifying the Seller, the subject of the order, the unit and total price of the ordered Products, including delivery costs and other costs, the chosen payment method, the selected delivery method, and the delivery time and costs.
  4. To place an Order, it is necessary to provide the personal data marked as mandatory in the Electronic Order Form, accept the content of the Terms and Conditions, and then send the order by clicking the "Order and Pay" button.
  5. Sending the Electronic Order Form and paying for the order constitutes a binding declaration of intent to conclude a Distance Sales Agreement under the content of these Terms and Conditions.
  6. A Distance Sales Agreement is considered concluded upon the Seller's acceptance of the Electronic Order Form, confirmed by sending the Buyer an order confirmation email.
  7. After concluding the Distance Sales Agreement, the Client receives an order confirmation email containing, in particular, confirmation of the order's acceptance and final confirmation of all significant elements of the Order, as well as the general terms and conditions of the concluded Distance Sales Agreement (Online Store Terms and Conditions with Annexes), the Seller's data, and information on how to withdraw from the contract and its consequences. Instructions on withdrawal are also available in Annex No. 2 to these Terms and Conditions.
  8. The order completion time is counted from the moment the payment is credited to the Seller's account.

§ 5. Payment

  1. The Online Store offers the option of payment only in the form of prepayments.
  2. Payment for goods can be made in the manner selected at the time of placing the order on the Electronic Order Form. The currently available methods of prepayment in the Online Store are available at the address.

§ 6. Delivery

  1. On the Electronic Order Form, the Customer selects the delivery method by indicating their choice. The current delivery methods in the Online Store are available at this address.
  2. If the Customer does not collect the Goods, the Seller withdraws from the sales contract. Withdrawal from the contract is made by providing the Customer with a statement in the form of an email.
  3. In the situation mentioned in point 2 above, the Seller will promptly refund the Customer the payment received for the purchased Goods.

§ 7. Reviews

  1. A review regarding the order service or the Goods can be submitted during a visit to the Online Store by clicking on the interface located next to the Goods or by clicking on the link provided in the email. Adding a review is voluntary and free of charge. For each order, the Customer can only add one review.
  2. In the review, the Customer can also assign a rating in the form of stars from 1 to 5, where 1 star means "very poor" and 5 stars "very good," and add a verbal comment.
  3. Reviews are stored and publicly displayed on the Online Store website, as well as on the website https://trustedreviews.idosell.com.
  4. The Seller verifies reviews using the email address that was used in the purchasing process of the Goods. A review placed by a person using the email used in the purchasing process is marked on the Online Store site with the comment "review confirmed by purchase."
  5. The Seller may publish reviews of a given Good from other online stores where they offer their Goods.
  6. The Seller does not alter Reviews in terms of content or assigned stars.
  7. The Buyer alone is responsible for the statement made within the Review. The Seller has the right to remove a Review based on the principles arising from the law and these Regulations.
  8. It is prohibited to post in a Review content that contains false information, misleading information, vulgarity, aggression, offensive content, or content clearly deemed contrary to good customs. It is also prohibited to post content that is unlawful, infringes on the rights of third parties, or constitutes an act of unfair competition.
  9. The Seller is entitled, after prior notification via email to the Customer who posted the Review mentioned in point 8 above, to remove the said Review.
  10. The Customer agrees not to post content containing links to external websites of a promotional or advertising nature or containing personal data of third parties.
  11. At the express request of the Customer, the content of the Review can be hidden from other users of the Store, but the assigned star rating is included in the overall rating of the Store or Goods.

§ 8. Intellectual Property

  1. The Customer declares that they do not hold any rights, including copyright or related rights, to the Reviews they post, except for the right to use the Online Store in the manner specified in these Regulations. The Customer is not entitled to any recording, reproduction, sharing, public dissemination, or distribution of content unless such entitlement arises from the law or these Regulations.
  2. The Customer is not entitled to any interference with the content, in particular, they are not entitled to interfere with the content, structure, form, graphics, operating mechanism, or other elements of the Online Store.
  3. By posting Reviews in the Online Store, which constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, the Customer grants the Seller a non-exclusive, free, and unlimited in time and territory license to use these works by the Seller, with the right to grant sublicenses, including public access to the work in such a way that everyone can access it at a place and time of their choice (Internet). The license is granted concerning all fields of exploitation known at the time of its granting, in particular, the following fields of exploitation:
    a) in terms of recording and reproducing the work by any technique; using the whole or parts or any elements of the work with the possibility of modifications resulting from the nature of the given internet medium concerning the circulation of the original or copies on which the work has been recorded
    b) in terms of disseminating the work in ways other than specified above
    c) using the work for promotional and marketing purposes
  4. Deleting an Account or Review by the Customer does not affect the validity of the above license.

§ 9. Final Provisions

  1. These terms of use are effective from July 15, 2024.
  2. In the event of a change or invalidation of any provision of these Regulations by the decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
  3. The Seller reserves the right to change these Regulations. Any agreements concluded before the entry into force of the new Regulations are implemented based on the regulations that were in force on the date of concluding the agreement.
  4. The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by the locally competent common court. A Customer who is a Consumer may also use out-of-court methods of handling complaints and pursuing claims. All information about out-of-court methods of handling complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform you that the indicated proceedings are voluntary, and both parties must agree to them.
  5. Pursuant to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013, we inform you that at this address an online dispute resolution platform is available between consumers and traders at the EU level (ODR platform). The ODR platform is a website with a one-stop-shop for consumers and traders seeking to resolve disputes out of court regarding contractual obligations arising from an online sales contract or service contract.
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