Terms and conditions

These Regulations define the general terms and conditions as well as the manner of sales by EMDRAFT Sp. z o. o. ; Sobolewo 75, 16-400 Suwałki ; VAT EU number: PL 844 237 34 81 ; KRS: 0000914163 ; Telephone: +48 504 495 595 ; e-mail: kontakt@fishmagic.pl, via the fishmagic.pl online store, referred to below as “Online Store”. The Regulations also define the terms and conditions of providing free electronic services by the Online Store.
1. Definitions
1. Working days – shall mean weekdays from Monday to Friday, excluding public holidays.
2. Delivery – shall mean the act of delivering products specified in the order to the Customer by the Seller, via the Supplier.
3. Supplier – shall mean the entity with which the Seller cooperates in the scope of performing the delivery of products.
4. Password – shall mean a sequence of letters, digits or other characters selected by the Customer during registration in the Online Store, used to secure access to the Customer Account.
5. Customer – shall mean an entity for which services will be provided electronically or with which a Sales Contract will be concluded in accordance with these Regulations and legal regulations.
6. Consumer – shall mean a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
7. Customer Account – shall mean an electronic service, marked with an individual name and Password provided by the Customer. In other words, it is a panel in the Seller’s computer system, which allows the Customer to use additional functionalities and services. The Customer gains access to the Account by Login and Password. The Customer logs in to his Account after registering in the Online Store. The Account allows us to save and store information about the Customer’s address data in order to deliver the Products, track the status of the Order, access to the history of Orders and other services provided by the Seller.
8. Login – shall mean an individual Customer’s identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the Customer’s email address.
9. Entrepreneur – shall mean a natural person, a legal person or an organizational unit that is not a legal person, but to whom an act has granted a legal capacity, which conducts business or professional activity on its own behalf and carries out a legal action directly related to its business or professional activity.
10. Regulations – shall mean these regulations of the store.
11. Registration -shall mean an activity performed in the way specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Seller – EMDRAFT Sp. z o. o. ; Sobolewo 75, 16-400 Suwałki ; VAT EU number: PL 844 237 34 81 ; KRS: 0000914163 ; Telephone: +48 504 495 595 ; e-mail: kontakt@fishmagic.pl
13. Online Store – shall mean a website which enables placing Orders and making Reservation by the Customer and providing services provided by the Seller.
14. Goods – shall mean a product presented by the Seller via the Online Store, which may be the subject of a Sales Contract.
15. Durable medium – shall mean a material or tool enabling the Customer or the Seller to store information personally addressed to him in a way that allows access to information in the future for a period of time adequate for the purpose of the information and which allows the unchanged reproduction of the stored information.
16. Sales Contract – shall mean a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
17. Newsletter – shall mean an Electronic Service that allows all customers using it to receive information from the Seller about the Products, the Online Store, including new products and promotions, to the e-mail address provided by the Customer with the consent of the Customer.
2. General provisions, use of the Online Store
1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name and Internet domain, forms, logos posted in the Online Store (except for logos and images presented for the purpose of showing the goods to which the copyright belongs to third parties) belong to the Seller, and they can only be used in a manner specified and in accordance with the Regulations and with the consent of the Seller.
2. The Seller shall take all efforts to make the use of the Online Store possible for Internet users with the use of all popular web browsers, operating systems, types of devices and types of internet connection. The minimum technical requirements to use the Online Store are: Internet browser Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher. Recommended minimum screen resolution: 1024 × 768. Inclusion of cookies and Javascript support in the web browser.
3. The Seller uses the mechanism of “cookies” in order to collect information related to the Customer’s use of Online Store to: maintain the Customer session, so that the customer does not need to re-enter the Login and Password on each subpage of the Online Store, adapt and optimize the Online Store to Customers’ needs, create statistics on viewing subpages of the Online Store, ensure the safety and reliability of the Online Store. The Customer can disable the “cookies” mechanism in the web browser of his terminal device. Disabling “cookies” may, however, cause difficulties in or prevent the use of the Online Store.
4. To place an order in the Online Store and to use services provided electronically via the Online Store, it is necessary for the Customer to have an active e-mail account.
3. Registration
1. In order to place an order in the Online Store, the Customer is obliged to register the Customer Account free of charge.
2. In order to register, the Customer should complete the registration form provided by the Seller in the Online Store and then send it electronically by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual Password.
3. When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its contents by ticking the appropriate box in the form.
4. During the Registration, the Customer may voluntarily agree to the processing of his personal data for the purpose of receiving commercial information by ticking the appropriate box of the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the recipients of such data known to the Seller or anticipated ones.
5. The Customer’s consent to the processing of his personal data for the purpose of receiving commercial information does not condition the possibility of concluding a contract with the Seller for the electronic provision of Customer Account service. Consent may be withdrawn at any time by submitting an appropriate statement to the Seller. The statement may be sent to the Seller’s address via e-mail.
6. After sending the completed registration form, the Customer shall receive electronically confirmation of the Registration by the Seller to the email address provided in the registration form. At this moment, a Contract for the provision of the Customer Account service by electronic means is concluded, and the Customer gains possibility to access to the Customer Account and to make changes to data given during the Registration.
4. Orders
1. The information contained in the Online Store does not constitute an offer of the Seller within the meaning of the Civil Code, but only the invitation for Customers to submit offers to conclude a Sales Contract.
2. A Customer may place orders in the Online Store for 7 days a week, 24 hours a day.
3. A Customer placing an order via the Online Store places an order selecting the Goods he is interested in. Adding the Goods to the order is done by selecting the “Add to Cart” command, under the selected Goods presented in the Online Store. After completing the entire order and indicating in the “Cart” the method of delivery and payment, the Customer places the order by sending the order form to the Seller by selecting the “Checkout” command. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs that he must incur in connection with the Sales Contract.
4. Placing an order means submitting an offer to the Seller by the Customer to conclude a Contract for the sale of the Goods that are the subject of the order.
5. After confirming the order placement, the Seller sends information about the acceptance of the order for implementation to the email address provided by the Customer. Information about the acceptance of the order for implementation is a statement of the Seller about the acceptance of the offer referred to in § 4(4) above and at the time the Customer receives it, a Sales Contract is concluded.
5. Payments
1. The prices in the Online Store placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Contract, about which the Customer will be informed when selecting the method of Delivery and placing the order.
2. The Customer may choose the following payment methods for ordered Goods:
1. by transfer to the Seller’s bank account;
2. by electronic payments and card payments via authorized websites, according to the information made available within the scope of the Online Store;
3. The Customer is informed by the Seller about the time limit within which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Contract.
4. If the Customer fails to make the payment within the time limit referred to in §5(3) of the Regulations, the Seller sets an additional time for the Customer to make a payment and informs the Customer about it. Information about the additional payment time limit also includes information that after the expiration of this time limit, the Seller will withdraw from the Sales Contract. In the event of the ineffective expiration of the second time limit for making the payment, the Seller will send the Customer a statement of withdrawal from the contract pursuant to art. 491 of the Civil Code.
6. Delivery
1. The Seller shall make the Delivery on the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods which are the subject of the Sales Contract without defects.
3. The Seller places information on the number of Working Days needed to implement the order and deliver the Goods to the Customer on the Online Store website.
4. The deadline for Delivery and implementation of the order indicated in the Online Store is counted in Working Days in accordance with §5(3) of the Regulations.
5. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of the dispatch of the Goods to the Customer, the Customer is informed about it to the e-mail address.
7. The Customer is obliged to check the delivered parcel within time and in the manner accepted for Delivery of a given type. In the event of damage to the parcel, the Customer has the right to demand from the Supplier’s employee to write down the appropriate protocol.
8. The Seller, in accordance with the will expressed by the Customer, attaches the receipt or the VAT invoice to the parcel.
9. In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier’s employee will leave a notice or will attempt to contact him by phone in order to set a different date of the parcel receipt. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, setting the date and cost of the Delivery with the Customer again.
7. Warranty
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have physical or legal defects.
2. If the delivered Goods have a defect, the Customer has the possibility to:
1. submit a statement about price reduction or withdrawal from the Sales Contract, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the faulty Product for a Product free of defects or removes such a defect. The discounted price should remain in such proportion to the price resulting from the contract in which the value of the Product with the defect remains to the value of the Product without a defect. The Customer cannot withdraw from the contract if the Product defect is irrelevant;
2. request replacement of the Product for the one free from defects or removal of defects. The Seller is obliged to replace the faulty Product with the one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer, with reservations and rules specified in the relevant provisions of the Civil Code.
3. Instead of removing the defect proposed by the Seller, the Customer may request replacement of the Product for the one free from defects, or instead of replacing the Product, he may demand removal of the defect, unless bringing the Product into conformity with the contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect, and the inconvenience to which the Consumer would be exposed with the other way of satisfying him are taken into consideration.
3. The Seller may refuse to comply with the Customer’s request if it is impossible to bring the faulty Goods into conformity with the Contract in the manner chosen by the Customer or if it would require excessive costs compared to the other possible way of achieving compliance with the Sales Contract. The costs of repair or replacement shall be borne by the Seller.
4. The Customer who exercises the rights under the warranty is obliged to deliver the faulty item to the address of the Seller. In the case of the Customer who is a Consumer, the delivery cost is covered by the Seller.
5. The Seller is liable under warranty for the physical defect which is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with the ones that are free from defects expires after one year, but the date may not be terminated before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Contract or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods with the one free from defects or removal of the defect, the deadline for withdrawal from the Sales Contract or submitting a price reduction statement starts with the ineffective expiry of the deadline for replacing the Product or removing the defect.
6. The Seller does not use out-of-court resolutions of dispute, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
8. Complaints
1. Any complaints related to the Products or the implementation of the Sales Contract, the Customer may submit in any form. We propose a written form to the email address or postal address of the registered office of the Seller indicated in § 1(12) of the Regulations.
2. Within 14 days from the date of the request containing the complaint the Seller will respond to the complaint submitted by the Customer.
3. The Customer may also submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in an electronic form and sent to the Seller’s e-mail address. In the complaint, the customer should describe the problem. The Seller promptly, but no later than within 14 days, shall consider the complaint and provide the Customer with an answer.
4. The Customer may use the complaint form provided by the Seller.
9. Guarantee
1. Goods sold by the Seller may be covered by a guarantee granted by the producer of the Goods or the distributor of the Goods.
2. In the case of Goods covered by the guarantee, information regarding the guarantee is presented on the Seller’s Online Store website
10. Withdrawal from the Sales Contract
1. Within 14 days a Consumer who has concluded a Sales Contract in the Online Store may withdraw from it without giving any reason and without incurring costs, except for the costs referred to below. The right to withdraw from the Sales Contract may be exercised by the Consumer by sending a statement of withdrawal to the Seller’s e-mail address or the Seller’s registered address indicated in § 1(12) of the Regulations.
2. The time limit for withdrawal from the Sales Contract shall commence from the moment the Consumer acquired the Goods.
3. In the event of withdrawal from the Sales Contract, it is considered void.
4. If the Consumer submitted a statement on the withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on the withdrawal from the Sales Contract, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold reimbursement of payments to the Consumer until he receives the Goods back or the Customer delivers proof of sending the Goods back, whichever is the earliest.
6. If the Consumer exercising the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the day on which he resigned from the Sales Contract. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
8. In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Goods.
9. If the Product cannot be returned by normal mail due to its nature, the Seller informs the Consumer about the cost of returning items on the Online Store website.
10. The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement, which does not involve any additional costs for him.
12. The right to withdraw from the Sales Contract is not payable to the Customer who is a Consumer in relation to contracts in which the goods are delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery to the Customer.
11. Free services offered on the Online Store
1. The Seller provides free electronic services to Customers in the scope of:
1. Contact Form.
2. Customer Account Management.
3. Newsletter
4. Placement of opinions and comments in the e-store.
2. Services indicated in § 11(1) are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed, about which he will inform the Customers in a manner appropriate to the change in the Regulations.
4. The Contact Form service is based on sending a message to the Seller via the form placed on the Online Store website. Resignation from the free Contact Form service is possible at any time and consists in ceasing to send inquiries to the Seller.
5. The Customer Account Management service is available after registration on the terms described in the Regulations and consists in providing the Customer with a panel in the Online Store that allows modifications of data provided during Registration as well as tracking the status of orders and order history. The Customer who has registered may submit a request to delete the Customer Account by Seller, however, if the Customer requests from the Seller to remove the Customer Account, it may be removed no later than 14 days after the request was made.
6. The Newsletter service can be used by any Customer who will add their e-mail address with the use of a registration form made available by the Seller on the Online Store website. After sending the completed registration form, the Customer receives Seller’s confirmation sent by e-mail to the e-mail address provided in the form. At this moment, a contract for the provision of the Newsletter service electronically is concluded. The Customer may also during registration tick the appropriate box in the registration form in order to subscribe to the Newsletter service. Newsletter service consists in sending information about new products or services of the Seller to the email address by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed to the Newsletter. Newsletter sent to Customers contains information about the sender of the message, subject, and information about the possibility and method of resignation from the free Newsletter service. At any time the Customer may resign from receiving the Newsletter by unsubscribing – sending such a wish in response to the Newsletter message, or by activating the relevant box in the Customer Account.
7. Placement of opinions and comments service consists in enabling Customers who have a Customer Account to publish or add their own opinions on the Goods offered by the Online Shop on the Online Store website. Resignation from the placement of opinions and comments service is possible at any time and consists in ceasing to put content by the Customer in the Online Store.
8. The Seller is entitled to block access to the Customer Account and free services, if the Customer causes the detriment to the Seller or other Customers, violates the law or the provisions of the Regulations, or when blocking access to the Customer Account and free services is justified by security reasons . Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services.
12. Responsibility of the Customer in terms of posted content
1. By placing content and making it available on the Online Store website, the Customer makes voluntary distribution of the content. The published content does not express the views of the Seller. The Seller is not a provider of this content, he only provides the appropriate IT resources.
2. The Customer declares that:
1. he is entitled to use economic copyrights, industrial property rights and / or related rights to works and subjects of industrial property rights (e.g. trademarks) and / or related rights to subjects that make up the content;
2. the placement and provision of personal data, images and information related to third parties as part of the services occurred in a legal, voluntary manner and with the consent of the concerned persons,
3. he agrees to give the access to the published content to other Customers and the Seller, as well as authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
4. he agrees to make compilations of works within the meaning of the Act on Copyright and Related Rights.
3. The Online Shop Customer is not entitled to:
1. post personal data of third parties and disseminate the image of third parties without the required legal permission or consent of a third party as part of using the services;
2. post advertising and / or promotional content as part of using the services.
4. It is forbidden for Customer to post content as part of using the services, which could in particular:
1. be placed in bad faith, with the intent to violate the personal rights of third parties;
2. violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or rights related to confidentiality obligations;
3. be offensive or could be a threat to other people, contain vocabulary that violates principles of morality;
4. be in contradiction with the interests of the Seller;
5. violate otherwise the provisions of the Regulations, morality, provisions of applicable law, social or moral norms.
5. In the event of notification in accordance with §13 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of using the services, in particular with respect to content in which, based on reports by third parties or appropriate bodies, has been found that it may constitute a violation of these Regulations or applicable law. The Seller also does not maintain ongoing control of posted content in the Online Store.
6. The Customer agrees to the Seller’s free use of the content posted by him as part of the Online Store.
7. The Customer, placing any Content in the Online Store, in particular graphics, comments, opinions or statements on the Account or elsewhere on the Online Store, grants to the Seller a non-exclusive, royalty-free license for using, recording, altering, removing, filling, public performance, public display, reproduction and dissemination (in particular on the Internet) of this Content.
13. Reporting a threat or violation of rights in the Online Store
1. When the Customer or other person or entity finds that content published on the Online Store violates their rights, personal rights, morality, feelings, beliefs, principles of fair competition, a secret protected by law or under an obligation, may notify the Seller about possible violation, sending information to the Seller’s e-mail address or the Seller’s address.
2. The Seller notified about the potential violation, takes immediate action to remove the indicated content from the Online Store’s website.
14. Protection of personal data
The rules for the protection of Personal Data are included in the Privacy Policy posted on the Online Store website.
15. Termination of the contract – not applicable to Sales Contracts
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the aforementioned contract and the provisions below.
2. The Customer who registered in the Online Store may terminate the contract for the provision of electronic services by sending an appropriate statement of intention to the Seller, using any means of remote communication, which enables the Seller to read the statement of intention of the Customer.
3. The Seller terminates the contract for the provision of electronic services by sending an appropriate statement of intention to the Customer to the e-mail address provided by the Customer during the Registration in the Online Store.
16. Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is the Entrepreneur.
2. The content of the Regulations may be recorded by printing it, saving it on a medium or downloading it at any time from the Online Store website.
3. In the event of a dispute regarding the concluded Sales Contract, the parties will strive to resolve the matter amicably. Polish law is the law applicable to the resolution of any disputes arising from these Regulations.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to deal with disputes out of court. They may be, for example, the Consumer Rights Ombudsman or the Provincial Inspectorate of Trade Inspection – the list is available on the website of the Office of Competition and Consumer Protection.
5. The Seller also informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level.
6. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for implementation before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which were in force on the date of placing the order by the Customer. The new regulations apply from the day of publishing them on the Online Store website. When the Customer does not accept the new Regulations of the Online Store, he is obliged to inform the Seller about this fact, which will result in the termination of the contract in accordance with the provisions of §15 of the Regulations.
7. Contracts with the Seller are concluded in Polish.
8. Regulations of the Online Store enter into force on 02/04/2018.