ONLINE STORE www.foldingfins.com REGULATIONS effective from November 2, 2021
These Regulations are the regulations of the online store available at www.foldingfins.com.
The online store, operating at www.foldingfins.com, is run by Exotech Sp.z o.o. based in Europe, Poland, Gdynia, 81-451 Aleja Zwycięstwa 96/98/A1.05, NIP: 5862316672, REGON: 366999307, entered into the register of entrepreneurs of the National Court Register by the DISTRICT COURT GDAŃSK-PÓŁNOC IN GDAŃSK, 8th ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER under the KRS number 0000672673.
Europe, Poland, Gdynia, 81-451 Aleja Zwycięstwa 96/98/A1.05
These Regulations define:
These Regulations apply to all Orders. Using the Online Store requires the acceptance of the Regulations, and a Customer who does not accept the Regulations should stop using the Online Store. None of the provisions of the Regulations shall deprive the Consumer of his statutory rights or limit these rights. To use the Online Store, technical measures necessary to cooperate with the ICT system used by the Seller are necessary:
These Regulations are available free of charge at all times on the website www.foldingfins.com. Customers can download it from there at any time and save it on a data carrier at their disposal or make any number of printouts. Through the website www.foldingfins.com, services are offered to read the content of the Online Store and place Orders, and conclude sales contracts via the Online Store and (possibly) other services specified in the Regulations. These services are free of charge. Communication within the Online Store is conducted in English (American version). According to European time, telephone contact with the Seller is possible during the Working Hours (phone number ...).
The entire content of the www.foldingfins.com website, including but not limited to text, graphics, or code, is protected by copyright as a collective work in accordance with international copyright laws and is the property of Exotech Sp.z o.o. The collective work includes works licensed through www.foldingfins.com. Permission is granted to electronically copy and print portions of this website on a paper basis solely for placing an order or purchasing products at www.foldingfins.com. You may display, subject to any express restrictions or restrictions associated with that particular material, download or print portions of material from various areas of the website solely for your non-commercial use or to place an order or to purchase products at www.foldingfins.com. Any other use, including but not limited to duplicating, distributing, displaying, or transmitting the content of this website, is strictly prohibited unless authorized by www.foldingfins.com. You further agree not to alter or remove any proprietary notices from any material downloaded from the site.
Foldingfins.com, Folding Fins, Exotech innovations, logos, and other marks indicated on our website are trademarks or registered trademarks of Exotech Sp. z o.o. in the US and other countries. Folding fin graphics, logos, page headers, button icons, scripts, and service names are trademarks of Exotech Sp. z o.o. Trademarks of Exotech Sp. z o.o. cannot be used with any product or service that Exotech Sp. z o.o. does not own in any way that may confuse Customers or in any way discrediting or discrediting Exotech Sp. z o.o. All other trademarks that are not the property of Exotech Sp. z o.o. or its affiliates, which appear on the website www.foldingfins.com, are the property of their respective owners, who may or may not be associated, merged, or sponsored by Exotech Sp. z o.o.
Exotech Sp. z o.o. grants you a limited license to access and use the website. The license and access to the website www.foldingfins.com for personal use, and not for downloading (other than page caching) or modifying it or any part of it, unless with the express written consent of Exotech Sp. z o.o. This license does not cover the resale, commercial or fraudulent use of www.foldingfins.com or its contents; any collection and use of any product listing, description or price; any derivative of www.foldingfins.com or its content;
Any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. The website www.foldingfins.com or any part of it may not be reproduced, copied, sold, resold, visited, or otherwise used for any other commercial purposes without the express written consent of Exotech Sp. z o.o. Without express written consent, it is not allowed to frame or use framing techniques to place any trademarks, logos, or other proprietary information (including images, text, page layout, or form) by Exotech Sp. z o.o. You may not use any meta tags or any other hidden text. using the name or trademarks without the express written consent of Exotech Sp. z o.o. Each unauthorized use shall result in the expiry of the permit or license granted by Exotech Sp. z o.o. You receive a limited, revocable, and non-exclusive right to create a hyperlink to the home page www.foldingfins.com, unless Exotech Sp presents the link. z o.o and our products or services in a false, misleading, derogatory, or otherwise offensive manner. You cannot use the logo of Exotech Sp. z o.o. or any other proprietary graphic or trademark as part of a link without our express written consent.
The Seller has made every effort to display the colors of his products that appear on the website as accurately as possible. However, as the actual colors, the Customer will see will depend on their monitor, the Seller cannot guarantee that any color display on the Customer's monitor will accurately reflect the Product's color at the time of Delivery. All sizes and dimensions are approximate; however, the Seller will make every effort to be as accurate as possible. All details, descriptions, and prices of products appearing on the website are correct when entering the relevant information into the system. We reserve the right to decline orders where product information has been incorrectly published, including pricing and promotions. The Seller endeavors to ensure that product descriptions or other content on www.foldingfins.com are accurate, complete, reliable, current, and error-free. If the Product offered by www.foldingfins.com is not as described, please get in touch with our Customer service department at email@example.com.
It is allowed to use the Online Store only in accordance with its purpose. It is not allowed to use the Online Store differently than using the interface provided for this purpose, which means the prohibition of modifying its elements or other interference in its structure, particularly that may affect the ability to use the Online Store by other Customers. The Customer is prohibited from providing illegal content. Before placing the Order, the Customer registers (creating an account). It is also possible to place an Order without registration — by filling in the fields marked as mandatory (providing your name, telephone number, email address, and shipping address) and accepting the Regulations. Registration takes place using the form provided as part of the Online Store, into which you must enter data including name, surname, telephone number, email address, password, address data (street, house number, zip code, city). In addition, you must consent to the processing of personal data to the extent necessary to establish, shape the content, change, solve and correctly implement the services provided electronically and to implement the Customer's Orders, and accept the Regulations. After completing the registration form, the Customer approves it, thus expressing the will to register and comply with the reality of the data he entered. Access to the Customer's account takes place using the password and login provided by the Customer. The password is confidential information known only to the Customer. If the password is disclosed or lost, the Customer must immediately notify the Seller about this fact. Then the Seller will prevent placing Orders using the Customer's account (Orders assigned to the Customer). The Customer has the right to unsubscribe from the Online Store (cancel his account) at any time without giving any reason. For this purpose, it should be sent to the email or postal address provided in point I of these Regulations.
The request should include the Customer's designation and the email address indicated during registration or be changed according to the provisions of the next paragraph. The data entered into the registration form may be changed by the Customer at any time after logging into his account, and the same applies to data entered in place of the registration form. The Seller reserves the right to delete the Customer's account or limit its functionality if the Customer violates the Regulations or his use of the Online Store violates the mandatory provisions of generally applicable law. As part of the Online Store, it is impossible to conclude contracts other than in the manner provided for in the Regulations, i.e., based on Orders placed using the Online Store's websites (forms included therein). In particular, as part of the Online Store, no contracts are concluded by phone or letter, using traditional mail.
III. The images of Products and their descriptions, along with the price indicated on the website of the Online Store, are only an invitation to conclude a contract referred to in art. 71 of the Civil Code (they do not constitute an offer within the meaning of the Civil Code). The Customer may obtain additional information about the Products by phone or via email. The price of the Product listed on the website / English-US version / Online Store is expressed in US dollars and includes all fees and taxes (it is a gross price). The cost of the Order, broken down into prices and quantities of Products, will be indicated to the Customer before placing the Order. Delivery costs depend on the courier company chosen by the Customer, possibly also on the value and size, and the place to which the Product is to be sent. The Order of the Product by the Customer is given in the gross amount after choosing the courier company. The delivery date of the Order will be specified via email. The Seller reserves the right to indicate in the sale offer only the Product price in the periods selected by him, in which the price of the Product is exempt from the costs of Delivery by the Customer. Then only the price of the Product is given, with information about the exemption from transport costs. In this situation, the Seller reserves the right to choose the courier company that is most advantageous for the Seller. The ordered Products are selected by adding them to the basket. To formulate the content of the Order, the Products should be selected, and their number determined by performing subsequent actions based on the messages appearing on the screen. To submit the Order, it is necessary to accept the content of the Regulations, provide the data marked as mandatory (recipient's data and delivery address), select the payment method, and press the "Pre-order Now" button. An order placed in this way via www.foldingfins.com entails an obligation to pay. Orders can be placed daily, around the clock. Pressing the button "Pre-order Now" causes the Customer to place an Order. The Order placed in this way constitutes a conclusion of a sales contract between the Customer and the Seller of the products selected by the Customer for the price indicated in the Order. After placing the Order, the Seller immediately confirms its receipt by sending the Customer an email to the address provided when placing the Order or the email address provided as part of the Customer's account (when placing the Order by the Customer logged in to his account). This confirmation does not constitute the Seller's declaration of acceptance of the offer covered by the Order but only confirms that the Seller has received a specific offer from the Customer. If the execution of the Order is possible, the Seller will send an email to the email address referred to in the preceding paragraph confirming the acceptance of the Order for execution. The message about the acceptance of the Order for execution may be combined with a message confirming receipt of the Order. If the Seller does not submit to the Customer a declaration of acceptance of the Order for execution within 160 Business Days from the date of placing the Order, the Order (Customer's offer) ceases to be binding, and no sales contract is concluded. If it is not possible to complete the Order for another reason (e.g., the inability to purchase from suppliers or manufacture the Product within the time specified in the Order), the Seller will inform the Customer about the situation via email within 160 Business Days from the date of placing the Order, indicating why the Order is not may be accepted for implementation. The provisions of this paragraph shall not apply when the acceptance of the Order for execution by the Seller has already been confirmed. Upon confirmation of the acceptance of the Order for execution, a sales contract is concluded between the Customer and the Seller. Along with the confirmation of the acceptance of the Order for execution, the Customer will receive in the form of links the content of the Regulations, instruction on the right to withdraw from the contract, and a model declaration of withdrawal from the contract (the last two apply only to Consumers). The sales contract is in English (American version).
Payment for the Order is possible according to the Customer's choice made before placing the Order, payment through the system of secure and instant internet transfers STRIPE, PAYPAL. If the Customer selects this form of payment, the Order will be processed after the Seller receives confirmation of the correct payment execution by the entity performing the payment. The Seller reserves the right to provide other forms of payment for Customers placing Orders based on individual arrangements. The entire payment under a specific Order is made only in one of the ways described above (e.g., it is not possible to settle part of the payment through the STRIPE website and part by PAYPAL under a given Order in paragraph 1 above, the Customer is obliged to pay for the Order in full within seven days from the date of submitting his offer. If the Order is not paid following the previous sentence, the Customer has not successfully placed the Order. The ordered Products are delivered to the address indicated in the Order form. Delivery of the ordered Products is carried out via DHL, GLS, or another courier company. Detailed delivery costs will be available in the email sent to the Customer and the specified date of order fulfillment. The Customer will be informed about the delivery costs to the email address provided in the form and information about the Seller's readiness to deliver the given Order. The Seller reserves the right to indicate in the sale offer only the Product price in the periods selected by him, in which the product price is exempt from the costs of Delivery by the Customer. Then only the product price is given, with information about the exemption from transport costs. In this case, the Seller reserves the right to choose the courier company that is most advantageous for the Seller. The time of Delivery (sending the Products to the Customer), unless the content of the Order provides otherwise, is up to 180 business days from the date of the sales contract, from the date of payment of the Order, if the Customer has chosen to pay using the STRIPE, PAYPAL system. Consolidation, security, disclosure, and confirmation to the Customer of the essential provisions of the contract for the sale of Products takes place by sending the Customer relevant information to the email address provided. If the Customer wants to receive an invoice or a receipt, he is obliged to send an appropriate email to the following address: firstname.lastname@example.org with the order number and details of the entity to which the document is to be issued.
According to Art. 27 of the Consumer Rights Act, a Consumer who has concluded a sales contract via the Online Store may withdraw from it within 14 days without giving any reason. In this case, the contract is considered not concluded. The instruction on the right to withdraw from the contract, containing in particular information on the manner and date of exercising the right to withdraw from the contract and the costs of returning the goods in the event of withdrawal from the contract, which the Consumer bears, is available in the form of an annex to these Regulations. The deadline to withdraw from the contract expires after 14 days from the date the Consumer took possession of the Product or on which a third party indicated by the Consumer other than the carrier came into possession of the Product. Concerning a contract that includes many Products delivered separately, the withdrawal period begins from the day the Consumer took possession of the last of the Products or on which a third party indicated by the Consumer other than the carrier came into possession of the last of the Products. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding. The Consumer has the right to withdraw from the contract by informing the Seller about his decision through a declaration submitted to the Seller, which may also take place using the electronic address provided in point I.
The Consumer may use the model withdrawal form, available as an attachment to the Regulations, which he can print and fill out. However, it is not compulsory. The Seller confirms (on a durable medium) the receipt of the declaration of withdrawal from the contract by electronic means. To meet the withdrawal period specified in point V.2, it is enough for the Consumer to send information regarding the exercise of the Consumer's right to withdraw from the contract before the expiry of the withdrawal period. In the event of withdrawal from the contract, the Consumer is obliged to return the Product immediately, no later than within 14 days from the date he informed the Seller about the withdrawal from the contract. To meet the deadline, it is enough if the Consumer sends the Product before the expiry of the 14 days to the address specified in point. I. of these Regulations. The Consumer is obliged to bear the direct costs of returning the Product. In the event of withdrawal from the sales contract, the Seller returns to the Consumer all received payments, without the cost of delivering the Product or additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the store www.foldingfins.com, immediately, no later than 14 days from the day on which the Seller received a declaration of exercising the right to withdraw from the sales contract. The reimbursement will be made using the same payment methods the Consumer uses unless the Consumer has expressly agreed to an alternative solution. In any case, the Consumer will not incur any fees in connection with the reimbursement of the payment. The Seller may withhold the reimbursement until receiving the Product or until proof of its return is provided, whichever occurs first. The Consumer is responsible for reducing the value of the Product resulting from using it differently than was necessary to establish the Product's nature, characteristics, and functioning. The right to withdraw from the contract is not available to the Consumer relating to contracts (following the content of Article 38 of the Act on consumer rights):
The Products sold are brand new and free from defects (unless otherwise stated in the product description). In the event of defects, the Seller is responsible for them. Each Product purchased in the Online Store may be advertised, according to applicable law on warranty, if within two years of its Delivery to the Customer, a defect is found that constitutes its non-compliance with the contract. If the item sold has a defect, the Customer using the warranty rights may submit a declaration of a price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. If the buyer is a consumer, he may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into conformity with the contract in a manner chosen by the buyer or would require high costs compared to with the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type, and significance of the defect found are considered, as well as the inconvenience to which the buyer would otherwise be exposed. The Customer cannot withdraw from the contract if the defect is irrelevant. Complaints should be submitted in writing or by email (using the data referred to in point I.). The complaint should include in particular: name and surname, correspondence address, email address (email address) to which a reply to the complaint is to be sent if the Customer wishes to receive a reply to the complaint via email, the date of purchase of the goods, the type of the advertised goods, the accurate description of the defect and the date of its finding, the Customer's request, as well as the preferred method of informing about the method of considering the complaint. Along with submitting the complaint, it must be delivered to the address given in point I. proof of purchase of the goods. The Product comes with a user manual with a warranty. The Product should be used in accordance with its intended purpose and the rules of use given in its content. The manual defines the acceptable methods of use as well as wrong and unacceptable. The recommendations and prohibitions contained in the manual are an essential element when considering any complaints. When complaining about the Product under warranty, the Customer is obliged to deliver the defective goods at the Seller's expense to the address indicated in point. I. of these Regulations. The online store will consider the complaint within 14 days and inform the Customer about the method of its settlement. The Customer will be informed about the method of considering the complaint following the data provided in the complaint. Customers are also entitled to submit complaints relating to other services provided by the Online Store. The provisions of the preceding paragraphs shall apply accordingly to these complaints. The provisions of these Regulations do not exclude or limit the Customer's rights who is a Consumer under warranty, resulting from the provisions of generally applicable law. The Seller's liability under warranty for defects in the Products is excluded to the fullest extent permitted by law towards the Customer, who is not a Consumer.
In the event of a dispute, the Customer who is a Consumer can use out-of-court complaint and redress procedures. In particular, the Customer is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings or is entitled to apply to a permanent amicable consumer court operating at the provincial inspector of the Trade Inspection with a request to resolve a dispute arising from the concluded sales contract. The client may also obtain free help and necessary information from municipal and poviat Consumer ombudspersons. The Customer may also use the online dispute resolution system platform between consumers and entrepreneurs (Online Dispute Resolution, hereinafter referred to as ODR) available at http://ec.europa.eu/consumers/odr/, operating in the territory of the European Union. The ODR platform enables comprehensive service for consumers and entrepreneurs seeking out-of-court dispute resolution. The ODR platform is an interactive website that can be accessed electronically and free of charge in all official languages of the European Union. The use of out-of-court complaint and redress procedures is voluntary, and both parties must agree to the procedure. The rules of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of September 25, 2001, on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws of 2001, No. 113, item 1214). Detailed information on out-of-court dispute resolution between the entrepreneur and the Consumer can be found on the Office of Competition and Consumer Protection website at: http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller reserves the right to amend the Regulations for important technical, legal, and/or organizational reasons. The amendment to the Regulations becomes effective on the date indicated by the Seller, not less than seven days from the moment the amended Regulations are made available on the Online Store website. Orders placed by customers before the entry into force of amendments to the Regulations are implemented following the existing provisions of the Regulations. The amendment to the Regulations also does not affect the content of the contracts concluded between the Seller based on the Orders referred to in the previous sentence (the Regulations in the version at the time of sending the Order to apply). In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular the Act of April 23, 1964, Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), and in the case of customers who are Consumers also the provisions of the Act of April 30, 2014, on consumer rights (Journal of Laws of 2014, item 827), as well as the provisions of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2014, No. No. 144, item 1204, as amended). Any disputes arising between the Seller and a Customer who is not a Consumer related to the interpretation, application, and legal relations, the content of which is co-shaped by the provisions of the Regulations, will be settled by a common court having jurisdiction over the seat of the Seller.