Regulations

The conclusion of the agreement between theBuyer andSeller can be made in two ways.

Before placing an order, theBuyer has the right to negotiate any provisions of the agreement with theSeller, including amendments to the provisions of the following regulations. Such negotiations should be conducted in writing and sent to the address ofthe Seller (OSTRE REKLAMY - Michał Adamowski, ul. Józefa Piłsudskiego 4/2, 34-424 Zaskale).

In the case of the Buyer renouncing the possibility to conclude a contract by way of individual negotiations, the regulations below and relevant provisions of law shall apply.

REGULATIONS

§1 Definitions

  1. Postal Address- Name or institution name, location in the locality (for a locality divided into streets: street, building number, apartment or unit number; for a locality not divided into streets: locality name and property number), postal code, and locality.

  2. Claims Address:

OSTRE ADAMS - Michal Adamowski,

4/2 Józefa Piłsudskiego Street,

34-424 Zaskale

NIP: 735-253-78-89

e-mail: info@ostrereklamy.pl

  1. Delivery price list- located in the 'delivery' tab

  2. Contact details:

OSTRE ADAMS - Michal Adamowski,

4/2 Józefa Piłsudskiego Street,

34-424 Zaskale


NIP: 735-253-78-89

e-mail: info@ostrereklamy.pl

  1. Delivery- a type of transport service including the definition of the carrier and the cost mentioned in thedelivery price list.

  2. Proof of purchase- invoice, bill or receipt issued in accordance with the Law on Value Added Tax of March 11, 2004 as amended and other applicable laws.

  3. Product card- a single subpage of thestore containing information about a single product.

  4. Customer- an adult natural person with full legal capacity, legal person or organizational unit without legal personality but with legal capacity, making a purchase at theSeller's directly related to its business or professional activity.

  5. Civil Code- the Civil Code Act of 23 April 1964 as amended.

  6. Code ofGood Practice- a set of rules of conduct, in particular the ethical and professional standards referred to in article 2 item 5 of the Act on Counteracting Unfair Competition. 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.

  7. Consumer- an adult individual with full legal capacity, making a purchase fromthe Seller not directly related to their business or professional activities.

  8. Basket- a list of products made from theproducts offered in the shop on the basis of theBuyer's choices.

  9. Buyer- both aConsumer anda Client.

  10. Place of delivery- thepostal address specified in theorder bythe Buyer.

  11. Moment of issue - the moment in which theBuyer or a third party indicated by him to receive the item takes possession of the item.

  12. Payment- a method of payment for thesubject of the contract anddelivery
    : - Payment by bank transfer - Payment
    by

    rapid online transfer in PayU system

  13. Consumer law- the law on consumer rights of 30 May 2014.

  14. Product- the minimum and indivisible quantity ofthings that can be the subject ofan order, which is given in theSeller's storeas a unit of measurement when determining its price (price/unit).

  15. Subject of the contract - products and delivery being the subject of thecontract.

  16. Object ofperformance- the subject of thecontract.

  17. Pick-up point- the place of delivery of items that is not a postal address, listed in the specification made available by theSellerin theshop.

  18. Thing- movable thing that can be or is the subject of thecontract.

  19. Shop- Internet service available atwww. aviation4u .pl, through which theBuyer may placean order.

  20. Seller:

OSTRE ADAMS - Michal Adamowski,

4/2 Józefa Piłsudskiego Street,

34-424 Zaskale

e-mail: info@ostrereklamy.pl

  1. System- a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.

  2. Delivery time- the number of hours or working days specified on theproduct card.

  3. Contract- a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 forConsumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of 23 April 1964 forBuyers.

  4. Defect- both aphysical defect anda legal defect.

  5. Physical defect - non-compliance of the sold thing with the agreement, in particular, if the thing:

    1. it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;

    2. does not have the properties, about the existence of whichthe Seller assuredthe Consumer;

    3. is not suitable for the purpose, about which theConsumer informed theSeller at the conclusion of the agreement, andthe Seller has not raised any reservations as to such purpose;

    4. was given to theConsumer in an incomplete state;

    5. in the event of incorrect assembly and start-up, if these activities have been carried out bythe Seller or a third party for whichthe Seller assumes liability, or by theConsumer who acted in accordance with the instructions received fromthe Seller;

    6. it does not have the properties, which have been assured by the manufacturer or his representative or a person who introduces the goods on the market within the scope of his business activity and the person, who by placing his name, trademark or other distinguishing mark on the goods sold presents himself as the manufacturer, unlessSeller did not know those assurances and, judging reasonably, could not know them or they could not have influenced theConsumer's decision to conclude thecontract, or if their content has been corrected before the conclusion of thecontract.

  6. Legal defect- a situation where the sold thing is owned by a third party or is encumbered with a third party right, and also if the restriction in the use or disposal of the thing results from a decision or ruling of a competent authority.

  7. Order- a declaration of will of theBuyer made via thestore, specifying unambiguously: type and quantity ofproducts; type ofdelivery; type ofpayment;place ofdelivery of theitems, theBuyer's data and aiming directly at concluding acontract between theBuyer andthe Seller.

§2 General conditions

  1. The contract is concluded in the Polish language, in accordance with Polish law and these regulations.

  2. Theplace of delivery must be within the territory of the Republic of Poland.

  3. TheSeller is obliged and undertakes to provide services and deliver goods free fromdefects.

  4. All prices provided bythe Seller are expressed in Polish currency and are gross prices (including VAT).Product prices do not include the cost ofdelivery, which is specified in thedelivery price list.

  5. All time limits are calculated in accordance with Article 111 of theCivil Code, which means that a period of days ends on the expiry of the last day, and if the beginning of the period of days is an event, the day on which the event occurred is not included in the calculation of the period.

  6. Confirmation, access, recording, securing all material provisions of thecontract in order to obtain access to this information in the future takes place in the form of:

    1. confirmation of theorder by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, specimen form of withdrawal from the contract in pdf version, links to self-download regulations and specimen form of withdrawal from the contract;

    2. attach to the completedorder, sent to the designatedplace of delivery of the items printed copies of:proof of purchase, information on the right to withdraw from the contract, these regulations, model withdrawal form.

  7. Seller informs about known warranties given by third parties forproducts in theshop.

  8. Seller does not charge any fees for communication with him using the means of distance communication, andthe Buyershall bear the costs thereof in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.

  9. The Seller shall ensure that theBuyer using thesystem will operate thestore correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the shop, so in order to obtain full functionality of the shopwww. aviation4u .pl shop, you should turn them all off.

  10. The buyer can use the option to remember his data by theshop to facilitate the process of placing anotherorder. For this purpose, theBuyer should provide a login and password necessary to access their account. Login and password are a string of characters determined by theBuyer, who is obliged to keep them secret and protect them against unauthorized access by third parties.The Buyer can at any time review, correct, update data and delete the account in theshop.

  11. Seller adheres tothe code of good practice.

§3 Conclusion of contract and performance

  1. Orders can be placed 24 hours a day.

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

    1. adding theproduct to thebasket;

    2. choosing the type ofdelivery;

    3. choice of type ofpayment;

    4. choice ofplace of delivery;

    5. placingan order by using the button "I order with the obligation to pay".

  3. Conclusion ofcontract with theConsumer takes place whenorder is placed.

  4. Implementation ofconsumer's order paid on delivery takes place immediately, and theorder paid by transfer or via electronic payment system after creditingconsumer's paymenton the account of theSeller, which should take place within 30 days from placing theorder, unlessthe Consumer was unable to fulfill the payment due to no fault of his own and informedthe Seller about it.

  5. Conclusion ofthecontract with the Consumer takes place whentheorder is accepted by the Seller, of which he informsthe Consumer within 48 hours of placing theorder.

  6. Implementation of theCustomer's order paid on delivery takes place immediately after the conclusion of thecontract, andthe order paid by bank transfer or via electronic payment system after the conclusion of thecontract and booking the payment bytheCustomer on account of the Seller.

  7. Possible forms of payment:

    1. Cash - payment in cash in case of collection at a point of sale or cash on delivery

    2. Transfer- payment by bank transfer to the account:46 1140 2004 0000 3702 5766 4075

OSTRE ADAMS - Michal Adamowski,

4/2 Józefa Piłsudskiego Street,

34-424 Zaskale

e-mail: info@ostrereklamy.pl

  1. Internet payments- Credit card and e-transfer transactions are settled via PayU.
  2. The execution of theCustomer's order may be subject to payment in full or in part of theorder value or to obtaining a trade credit limit of at least theordervalue.

  3. Shippingof the subject of the contract takes place within the period specified in theproduct card, and fororders consisting of multipleproducts, within the longest period of the time specified in theproduct cards. The deadline shall commence at the time when the order value is credited.

  4. The purchased subjectof the contract shall be sent, together with asales document selected bytheBuyer, by a type ofdelivery to theplace ofdelivery indicated by theBuyer in theorder, together with attachments referred to in §2 point 6b.

§4 Right of withdrawal

  1. The consumer, pursuant to Article 27 of the ConsumerLaw has the right to withdraw from the agreement concluded at a distance, without giving any reason and without incurring costs, except for the costs referred to in Article 33, Article 34 of theConsumer Law.

  2. Deadline for withdrawal from the remote contract is 14 days fromthe date of issue of the item, and to meet the deadline it is sufficient to send a statement before its expiry.

  3. Statement of withdrawal theConsumer may submit by e-mail.

  4. Seller shall immediately confirm tothe Consumer by e-mail (provided at the conclusion of thecontract and another if it has been specified in the statement made) receipt of a statement of withdrawal.

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

  6. Theconsumer is obliged to return the item tothe Seller immediately, but no later than 14 days from the date of withdrawal. To keep the deadline is sufficient to send back the item before its expiry.

  7. Theconsumer sends back things that are the subject of the contract from which he has withdrawn at his own expense and risk.

  8. Theconsumer shall be liable for any diminution in the value of the item being the subject of the contract and resulting from using it in a manner beyond that necessary to establish the nature, characteristics and functioning of the item.

  9. Seller shall promptly, no later than within 14 days from the date of receipt of notice of withdrawal from the contract made by theConsumer will return tothe Consumer all payments made by him, including the cost of delivery of the thing, and if the Consumer has chosen a method of delivery other than the standard delivery method.Consumerhas chosen a delivery method other than the cheapest ordinary delivery method offered bythe Seller,the Seller shall not reimburse additional costs tothe Consumer in accordance with Article 33 of ConsumerLaw.

  10. The Seller shall refund the payment using the same method ofpayment as theConsumer used, unlesstheConsumer has explicitly agreed on a different method ofpayment, which is not associated with any costs for him.

  11. The Seller may withhold the reimbursement of the payment received from theConsumer until receipt of the item back or untilthe Consumer provides evidence of its return, depending on which event occurs first.

  12. The Consumer in accordance with Article 38 of the ConsumerLaw has no right to withdraw from the contract:

    1. in which the price or remuneration depends on fluctuations in the financial market over whichthe Seller has no control, and which may occur before the end of the deadline for withdrawal;

    2. in which the subject of theperformance is a thing not prefabricated, produced to consumer specifications or used to meet his individual needs;

    3. in which the object of theperformance is a fast deteriorating item or an item with a short shelf life;

    4. in which the subject matterof the performance is a thing delivered in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;

    5. in whichthe subject matter of the performance are things which after the delivery, due to their nature, are inseparably connected with other things;

    6. in which the subjectmatter of the performance are sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery;

    7. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with theconsumer's express consent before the end of the period for withdrawal from the contract and after the trader has informed him about the loss of the right of withdrawal;

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

§5 Warranty

  1. Seller under Article. 558 § 1 of theCivil Code completely excludes liability tocustomers for physical and legal defects (warranty).

  2. Seller is liable to theConsumer on the basis of Article. 556Civil Code and subsequent for defects (warranty).

  3. In the case of a contract with aConsumer if thephysical defect is found before the expiry of a year fromthe moment of issuing the item, it is assumed that the defect existed at the moment of passing the risk to theConsumer.

  4. If the sold thing has a defect, theConsumermay make a statement to reduce the price or withdraw from the contract, unless theSeller immediately and without excessive inconvenience tothe Consumerwill replace the defective thing to free from defects or remove the defect. This restriction shall not apply if the thing has already been replaced or repaired bythe Seller orthe Seller failed to satisfy the obligation to replace the thing to free from defects or remove the defect.

  5. Instead of theSeller's proposed removal of defects, theconsumer mayinstead of the removal of defects proposed by the Seller, the Consumer may request the replacement of the item with a defect-free item or instead of the replacement of the item demand the removal of the defect, unless bringing the item into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, while assessing the excessive costs, the value of the defect-free item, type and importance of the defect found, as well as taking into account the inconvenience to which theConsumer would be exposed by another way of satisfaction.

  6. Consumer may not withdraw from the contract if the defect is insignificant.

  7. If the sold thing has a defect, theconsumer can also:

    1. demand to exchange the thing for a free of defects;

    2. demand to remove the defect.

  8. Seller is obliged to replace the defective thing to free from defects or remove the defect in a reasonable time without undue inconvenience to theConsumer.

  9. Seller may refuse to satisfy theConsumer's request if bringing the defective goods to conformity with the contract in a manner selected by the Buyer is impossible or in comparison with other possible ways to bring the defective goods to conformity with the contract would require excessive costs.

  10. In the case where the defective item has been installed, theConsumer may require theSeller to dismantle and reassemble it after replacing it with a defect-free item or removing the defect, but shall bear part of the related costs exceeding the price of the sold thing or may request theSeller to pay part of the costs of dismantling and reassembly, up to the amount of the price of the sold thing. In the event of non-performance of this obligation by theSeller,the Consumer is entitled to make these actions at the expense and risk ofthe Seller.

  11. TheConsumer who exercises rights under the warranty, is obliged at the expense ofthe Seller to deliver the defective item to thecomplaint address, and if due to the nature of the item or the way it is installed the delivery of the item by theConsumer would be too difficult, theConsumer is obliged to make the item available tothe Seller at the place where the item is located. In the case of non-performance of this obligation by the Seller,the Consumer is entitled to return the item at the expense and risk ofthe Seller.

  12. Costs of replacement or repair shall be borne by theSeller, except for the situation described in §5 point 10.

  13. Seller is obliged to accept the defective item from theConsumer in case of replacing the item with a defect-free one or withdraw from the agreement.

  14. Seller within fourteen days shall respond to:

    1. statement on request for price reduction;

    2. declaration on withdrawal from the contract;

    3. request to replace the item with a defect-free item;

    4. request for defect removal.

    Otherwise it is considered that recognized as reasonable the statement or demand ofthe Consumer.

  15. Seller is liable under warranty if the physical defect is found before the expiry of two yearsfrom the moment of releaseof the thingto the Consumer, and if the object of sale is a used thing before the expiry of a yearfrom the moment of release of the thingto the Consumer.

  16. Consumer's claim to remove the defect or replacement of the sold thing for free from defects is time-barred with the passage of a year, counting from the date of finding the defect but not earlier than the passage of two years from the moment ofrelease of the thing to theConsumer, and if the object of sale is a used thing before the passage of a year from the moment ofrelease of the thingto the Consumer.

  17. In the event that the term specified by theSeller or the manufacturer of the item expires after two years from the moment of handing over the itemto the Consumer,the Seller shall be liable under the warranty for physical defects of the item identified before the expiry of this period.

  18. Within the time limits specified in § 5 points 15-17 theConsumer may submit a statement of withdrawal from the contract or reduction in price due to a physical defect of the sold thing, and ifthe Consumer demanded replacement of the thing to be free from defects or removal of defects, the course of the deadline for submission of a statement of withdrawal from the contract or reduction in price begins upon ineffective expiry of the deadline for replacement of the thing or removal of defects.

  19. In the event of pursuing one of the rights under the warranty before a court or arbitration court the time limit for the exercise of other rights, to which theConsumer is entitled under this title, shall be suspended until the final outcome of the proceedings. Accordingly, shall also apply to mediation proceedings, whereby the time limit for the exercise of other rights under the warranty to which theConsumer is entitled starts running from the date of refusal by the court to approve the settlement reached before the mediator or ineffective termination of mediation.

  20. To the exercise of rights under the warranty forlegal defects of the thing sold §5 points 15-16 shall apply, except that the running of the period starts from the date on which theConsumer became aware of the existence of the defect, and ifthe Consumer learned of the existence of the defect only as a result of action by a third party - from the date on which the judgment issued in the dispute with the third party became final.

  21. If due to a defect in the item theConsumer made a statement on withdrawal from the contract or reduction in the price, he/she may demand compensation for damage suffered by him/her due to the fact that he/she concluded the contract not knowing about the defect, even if the damage was caused by circumstances for whichthe Sellerseller shall not be liable, and in particular may claim reimbursement of the costs of concluding the agreement, the costs of collection, transport, storage and insurance of the goods, reimbursement of outlays made, to the extent that he did not benefit from them and did not receive reimbursement from a third party, and reimbursement of the costs of court proceedings. This shall be without prejudice to the provisions on the obligation to compensate for damage under the general rules.

  22. The expiry of any time limit for determining the defect shall not exclude the exercise of rights under the warranty ifthe Seller deceitfully concealed the defect.

  23. Seller insofar as is obliged to provide performance or financial benefits to theConsumer shall perform them without undue delay, no later than the period provided for by law.

§6 Privacy policy and personal data security

  1. The administrator of the database of personal data submitted byshoppers is theSeller.

  2. Seller undertakes to protect personal data in accordance with the Act of August 29, 1997 on the protection of personal data and the Act of 18 July 2002 on electronic services.Buyer by submitting their personal data tothe Seller when placing an order agrees to process them bythe Seller in order to fulfill the order. Thebuyer has at any time the ability to inspect, correct, update and delete their personal data.

  3. Detailed rules of collecting, processing and storing personal data used by theshop for the purpose of fulfillingorders have been described in the Privacy Policy, which can be found under 'Privacy Policy'.

§7 Final provisions

  1. None of the provisions of these regulations is intended to violate theBuyer's rights. It cannot be also interpreted in this way, because in case of inconsistency of any part of the regulations with the law in force,the Seller declares his unconditional compliance and application of this law in place of the questioned provision of the regulations.

  2. RegisteredBuyers will be notified by e-mail (to the e-mail address provided during registration or ordering) about changes to the Regulations and their scope. The notice will be sent at least 30 days before the new regulations come into force. Changes will be made in order to adapt the regulations to the current legal status.

  3. The current version of the regulations is always available to theBuyer in the bookmark regulations. During the execution of an order and throughout the period of after-sales care, theBuyer is bound by the regulations accepted by him when placing the order. Except for a situation, whenthe Consumer finds it less beneficial than the current one and informsthe Seller about choosing the current one as binding.

  4. In matters not covered by these terms and conditions, the relevant applicable laws shall apply. Any disputable issues, if theConsumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of pre-court or out-of-court dispute resolution indicated by theConsumer. As a last resort, the case is resolved by a court of local and material competence.