TERMS & CONDITIONS

§1 GENERAL PROVISIONS.

  1. These terms and conditions define the rules for making purchases in the Impact Skateboard online store – www.impactskateboard.com from Jakub Pacut, Hallera 121, 43-400 Cieszyn, NIP:548-270-59-82.
  2. Terms used in the regulations mean:
    1. Customer – a natural person (with full legal capacity) or legal entity who has made or intends to make a purchase in the Impact Skateboard online store. The customer can be both a consumer and an entrepreneur,
    2. Seller – Jakub Pacut, Hallera 121, 43-400 Cieszyn, NIP: 548-270-59-82,
    3. Store – an online store maintained by the Seller at the domain www.impactskateboard.com,
    4. Consumer – in accordance with the Act of April 23, 1964 of the Civil Code – a User who, as a natural person, makes a legal transaction not directly related to his/her business or professional activity. Consumers, within the meaning of these Regulations, are also entrepreneurs running a one-person business, entering into contracts not of a professional nature arising from the subject of their activities,
    5. User Account – an account in the Store, assigned to a given Customer, containing the data provided during registration,
    6. Regulations – this document and all its appendices.
  3. The store offers for retail sale via the Internet Sports Equipment: – Skateboards; Skateboard parts; Skateboard accessories; Apparel. The above products are available through the Store in the form of finished products.
  4. Detailed product information can be found at www.impactskateboard.com, as well as are made available by e-mail at the Seller’s e-mail address.
  5. The customer may contact the Seller by mail at the address indicated in item 2b and by email to: contact@impactskateboard.com or by phone: +48 726-344-809.

§2 TERMS OF SERVICE.

  1. To be able to place an order through the Store, the customer must meet the following technical requirements:
    1. Have a computer, laptop or other device with Internet access,
    2. Have access to e-mail,
    3. use a web browser (it is recommended to use the latest version),
    4. Use a minimum screen resolution of 1024×768,
    5. enable cookies in your browser.
  2. The online store provides electronic services in the form of:
    1. Account registration and maintenance of the User’s Account
    2. order form,
    3. newsletter,
    4. chat,
    5. contact form,
    6. product & service review invitations on customers request.
  3. The Store does not charge any fees for providing the aforementioned services.
  4. The above services are provided for an indefinite period of time. The Client may withdraw from a given service at any time, without giving any reason, by sending an appropriate e-mail message to the e-mail address of the Seller. The Client may withdraw without giving any reason from the contract for the provision of any of the services within 14 days from the date of placing the order in the manner specified above.

§3 CONTRACTING.

  1. The contract is concluded between the Seller and the Customer.
  2. All prices listed on the Store’s website are gross prices (including VAT) specified in the currency chosen by the customer (applicable to EU customers). Product prices do not include shipping costs.
  3. If applicable to a product, the Seller shall exercise due diligence to ensure that the photos of the products reflect their color, character, texture and condition. The colors of the products in the photos, in view of, among other things, different resolution, calibration and brightness of the Buyer’s computer screen on which the photos are displayed or the use of flash, may differ slightly from reality. For this purpose, the store includes a description of the product and its color in addition to the photo. If in doubt, please contact the Seller in advance.
  4. Orders can be placed via the Store’s website using the Order Form.
  5. To make a purchase, the Customer selects the products of interest in the Store by clicking the appropriate button. After completing the selection of products, the Customer goes to the tab where he/she determines the method of delivery of the products and payment for them.
  6. The Customer then clicks the “Buy and Pay” button, which redirects the Customer to a page containing information about the order being made. This information includes, but is not limited to: specifying the main features of the ordered goods, indicating the total price including taxes and delivery charges, presenting the Customer’s data provided in the order form.
  7. In order to complete the order, the customer is required to confirm the order by clicking on the “Buy and Pay” button located under the order summary.
  8. Clicking the “Buy and Pay” button is tantamount to a statement of the Customer’s knowledge that an order entailing an obligation to pay has been placed.
  9. The conclusion of the contract of sale occurs at the moment the customer confirms the order, i.e. at the moment the customer clicks the “Buy and Pay” button.
  10. Once the Customer has placed an order, the Seller sends an e-mail confirming the order for processing along with the order details, which include, among others: specifying the main features of the ordered goods, the order completion date, indicating the total price including taxes and delivery charges, presenting the Customer’s personal data provided in the order form.
  11. Fixing, securing and making available the content of the concluded agreement is done by:
    1. making these regulations available on the Store’s website,
    2. Recording the content of the contract in the computer system of the Store.
  12. The seller reserves the right to refuse an order under the contract Sales, in case the Customer’s contact information is not true.
  13. In the case of a custom-made or personalized product, the customer purchases the product through the Store and then provides the Seller with the order instructions in the form of an order note.

§4 PAYMENT TERMS AND METHODS.

  1. The website provides the following forms of payment for the order:
    1. By bank transfer to the Seller’s bank account (prepayment),
    2. via third party payment provider (prepayment)
    3. cash to the deliverer of the shipment with the ordered products upon receipt of the products (cash on delivery)
    4. payment upon personal collection.
  2. The customer is obliged to make payment within 3 working days from the date of purchase.
  3. If there is a need for a refund for a transaction made by the customer, the Seller shall make the refund to the same payment instrument with which the customer made the payment.

§5 DELIVERY METHODS AND COSTS.

  1. The customer bears the cost of delivery of the ordered products to the destination.
  2. Products are delivered to the specified address worldwide. Product delivery charges are indicated in the panel and in the order confirmation email.
  3. The seller provides the following methods of delivery of products:
    1. by courier services,
    2. via the Polish Post,
    3. personal pickup.
  4. Order processing time is up to 3 working days after the payment for the ordered item is posted goods in the Seller’s account (or, in the case of payment card payments, from the moment of positive authorization of payment).

§6 RIGHT OF WITHDRAWAL.

  1. The provisions contained in this paragraph are rights granted only to the Customer who is a Consumer.
  2. The consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of receipt of the shipment or personal collection of the goods, without giving any reason.
  3. The Customer may submit a statement of withdrawal from the contract using the withdrawal form at the end of the terms and conditions, either by mail to the address: Hallera 121, 43-400 Cieszyn, as well as to the contact e-mail address: contact@impactskateboard.com
  4. Submission of a statement of withdrawal without using the form does not affect the effectiveness of the withdrawal. For the withdrawal statement to be effective, it is sufficient to send the statement before the deadline.
  5. The seller shall immediately confirm by e-mail (to the address provided when placing the order) the acceptance of the statement of withdrawal.
  6. The consumer should return the purchased products within 14 days from the date of sending the statement of withdrawal to the address of the Seller.
  7. If you send a statement of withdrawal, the contract is considered not concluded.
  8. The consumer bears the direct costs of returning the purchased products.
  9. The consumer is liable for damages for the diminution in value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature, characteristics and functioning of the goods, such as the cost of cleaning, repairing parts, tearing off tags. In order to ascertain the nature, characteristics and functioning of the goods, the consumer should handle and inspect the goods only in the same way as he could in a stationary store.
  10. The Seller is obliged to return to the Consumer immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s statement of withdrawal from the contract, all payments made by the Consumer, including the costs of delivery of the product (excluding additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method made available by the Store). The Seller shall refund the payment using the same method of payment used by the Consumer, unless The consumer has expressly agreed to another way of returning the payment.
  11. The Seller may withhold reimbursement of payments received from the Consumer until the Product is received back or the Consumer provides proof of return.
  12. The right of withdrawal does not apply to contracts:
    1. in which the object of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs,
    2. in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery,
    3. in which the object of performance is goods that, after delivery, by their nature, become inseparable from other things.

§7 LIABILITY FOR PERFORMANCE IN ACCORDANCE WITH CONTRACT (CLAIM).

  1. The seller is obliged to provide services and goods in accordance with the contract. The seller has a legal obligation to provide goods without defects.
  2. The rules on the Seller’s liability to the Consumer under contracts that require the transfer of ownership of the goods to the Consumer are governed by Chapter 5a of the Law of May 30, 2014 on Consumer Rights.
  3. In terms of complaints, the Consumer may exercise the rights granted to him by the provisions of the Law of May 30, 2014 on Consumer Rights, among other things, for non-compliance of the goods with the sales contract.
  4. The Seller shall be liable to the Consumer for non-compliance of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the term of usefulness of the goods, indicated by the Seller, is longer. Before the expiration of the above period, the Consumer may notify the Seller of the discovery of non-conformity by sending an appropriate message using one of the means of contact with the Seller referred to in §1 paragraph 5.
  5. The Seller confirms the receipt of the complaint and calls on the Consumer to immediately deliver the non-conforming goods to the Seller, in order to respond to the complaint.
  6. If the complaint is not accepted, the goods will be sent back with an opinion as to whether the complaint is unfounded.
  7. If the Seller does not respond to the consumer’s complaint within 14 calendar days from the date of delivery of the complaint, it is assumed that he has recognized the consumer’s complaint and his demand.
  8. A Customer who is not a Consumer may exercise his or her rights from the Seller under the warranty for defects, under the terms of Article 556 et seq. Civil Code. The Seller is responsible to the Customer who is not a Consumer if the sold product has a physical or legal defect (warranty).
  9. The seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the goods to the non-consumer customer.
  10. A Customer who is not a Consumer loses warranty rights if he did not examine the item in the time and manner usual for items of this type and did not immediately notify the Seller of the defect, and if the defect came to light only later – if he did not notify the Seller immediately after its discovery.

§8 CONTRACTS ENTERED INTO WITH TRADERS MAKING AN ORDER FOR PROFESSIONAL PURPOSES.

  1. The provisions of this paragraph apply only to contracts concluded with customers who are entrepreneurs making orders for professional purposes.
  2. Placing an order on behalf of a legal person or organizational unit without legal personality is tantamount to making a statement that the person placing the order is authorized to represent the entity on behalf of which the order was placed. Placing an order without proper authorization will result in the liability of the person placing the order for any damages resulting from this fact.
  3. The entrepreneur is obliged to examine the shipment delivered to him through the carrier in a customary manner, and in the event of the discovery of a defect or damage to the product, he is obliged to do everything possible to determine the responsibility of the carrier.
  4. The seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the date of its conclusion without giving reasons.
  5. Any disputes arising from the implementation of the contract concluded between the Seller and the Entrepreneur will be settled by the Court having jurisdiction over the seat of the Seller. The applicable law is Polish law.

§9 OUT-OF-COURT DISPUTE RESOLUTION.

  1. In order to resolve a dispute arising in connection with purchases in the Store, the consumer has the opportunity to use the following institutions before bringing a case in a court of law:
    1. use of the permanent amicable consumer court referred to in the Act of December 15, 2000 on Trade Inspection by submitting a request for settlement of a dispute arising from a sales contract,
    2. to apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable resolution of the dispute,
    3. to seek assistance from a district or municipal consumer ombudsman or a social organization whose purpose is to protect consumer rights.
  2. Detailed information about the possibilities for consumers to use out-of-court dispute resolution and the availability of the procedures is available at the offices and websites of institutions such as the Commercial Inspection, district (city) consumer ombudsmen, social organizations for the protection of consumer rights, as well as the Office of Competition and Consumer Protection.
  3. A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court dispute resolution of contractual obligations arising from an online sales or service contract.

§10 FINAL PROVISIONS.

  1. The Seller reserves the right to change these Terms and Conditions due to changes in applicable laws or changes in the way contracts are concluded and executed. These changes will not affect orders and contracts placed, executed or fulfilled.
  2. In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Act of April 23, 1964 Civil Code, and the Act of May 30, 2014 on consumer rights. The law applicable to the contract of sale is Polish law, unless the law applicable to the place of residence of the consumer regulates his rights in a manner more favorable to the consumer.
  3. The regulations are effective as of 17-09-2023.

WITHDRAWAL FORM.

AddresseePostal                                                                  Address

I / We (*) hereby inform / inform (*) about my / our (*) withdrawal from the contract of sale of the following items:
Product name                                                                    Price

Total
Date of contract
Date of receipt of products
Name and Surname
Address of consumer(s)
Date and signature