Store Regulations for volant24.com

§1 General Provisions

1. These Regulations apply to contracts concluded via the online store volantl24.com, available at the Internet address volant24.com.

2. The Regulations, in particular, specify the rules for placing orders and delivering Products, as well as the Customer’s rights related to the purchased Product (including the right to withdraw from the sales contract) and complaints under statutory warranty for defects. The rules regarding complaints under the manufacturer’s guarantee are set out in the General Warranty Terms and Conditions, constituting Appendix No. 3 to the Regulations. These Regulations form an integral part of the sales contract concluded via the Online Store.

3. The online store volant.pl is operated by VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA, with its registered office at 08-110 Siedlce, Żelków Kolonia, Stalowa 16, VAT No. PL 8212467043, REGON No.: 140 758 518, entered in the National Court Register, with share capital of PLN 100,000.00.

4. These Regulations are addressed to both Consumers and entrepreneurs using the Store and set out the rules for using the online Store and the principles and procedure for concluding Distance Sales Contracts with the Customer via the Store.

§2 Definitions
The terms used in these Regulations mean:

1. Seller – VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA, 08-110 Siedlce, Żelków Kolonia, Stalowa 16, VAT No. PL 8212467043, REGON No.: 140 758 518, entered in the National Court Register, with share capital of PLN 100,000.00.

2. Customer – any entity performing legal acts with the Seller via the Store.

3. Consumer – a Customer who is a natural person concluding with the Seller a contract within the Store, the subject of which is not directly related to their business or professional activity.

4. Entrepreneur – a Customer who is a natural person, a legal person, or an organizational unit without legal personality to which a separate act grants legal capacity, carrying out business activity in their own name, who performs via the Store a legal act related to that activity.

5. Store – the online store operated by the Seller at the Internet address volant.pl.

6. Distance Contract – a contract concluded with the Customer within an organized distance-contracting system (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

7. Provision of services by electronic means – the provision of a service without the simultaneous presence of the parties (at a distance) through data transmission at the individual request of the Customer, sent and received using devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received, or conveyed via a telecommunications network within the meaning of the Telecommunications Law of 16 July 2004.

8. Regulations – these online Store regulations.

9. Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Contract for one or more Products with the Seller.

10. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Contract, including the method of delivery and payment.

11. Cart – a component of the Store’s software in which the Products selected by the Customer for purchase are visible and where it is possible to determine and modify Order data, in particular the quantity of products.

12. Product – a movable item available in the Store which is the subject of a Sales Contract between the Customer and the Seller.

13. Sales Contract – a contract for the sale of a Product concluded or concluded between the Customer and the Seller via the online Store.

14. Business Day – a calendar day excluding Saturdays, Sundays, and statutory public holidays.

15. General Warranty Terms and Conditions – an integral part of every sales contract concluded between the Seller and the Buyer concerning Products offered by the Seller in the Store, setting out the rules and procedure for granting a guarantee and handling complaints based on warranty claims.

§3 Contact with the Seller
Customers and any interested persons may contact the Seller using the following contact details:

1. Seller’s address: 08-110 Siedlce, Żelków Kolonia, Stalowa 16

2. Addresses of the Return/Complaint Product Collection Point: Żelków-Kolonia, ul. Stalowa 16, 08-110 Siedlce, Poland

3. Seller’s e-mail address: info@volant.pl

4. Seller’s phone number: +48 882 105 824

5. Seller’s bank account numbers:

   1. EUR account: 08 1140 1094 0000 2472 7000 1002, BIC (Swift) BREXPLPWXXX

   2. PLN account: 59 9194 0007 0025 5888 3000 0010, BIC (Swift) POLUPLPR

6. The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.

7. The Customer may communicate with the Seller by phone on Business Days from 8:00 to 16:00.

§4 Technical Requirements
To use the Store, including browsing the assortment and placing Orders for Products, the following are required:
a) an end device with Internet access and a web browser such as Google Chrome, Mozilla Firefox, Opera, Safari, Microsoft Edge;
b) an active e-mail account;
c) cookies enabled;
d) the FlashPlayer program installed.

§5 Use of the Store

1. To the broadest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.

2. The Customer is solely responsible for ensuring technical compatibility between their computer equipment or end device and tele-information or telecommunications system and the Store.

3. The Seller is not responsible for the consequences of the Customer’s use of the Store in a manner contrary to applicable law, the Regulations, or accepted principles of community life or customs.

4. The Seller reserves the right to suspend or terminate the provision of certain Store functionalities due to the need to maintain, inspect, or expand the technical base, provided that this does not infringe the Customer’s rights.

5. Browsing the Store’s assortment as well as placing Orders does not require creating an account. The Customer may place Orders for Products available in the Store by providing the personal and address data necessary to fulfill the Order, without creating an account.

6. To place an Order, the Customer should follow the prompts displayed on the Store’s website while placing the Order.

7. Information about Products is available on the Store’s website and constitutes an invitation to conclude a Sales Contract within the meaning of Article 71 of the Civil Code.

8. Prices shown in the Store are given in Polish zloty or in Euro and are gross prices (including VAT). The prices of Products indicated on the Store’s pages do not include delivery costs.

9. The final amount payable by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal services), of which the Customer is informed on the Store’s pages during the Order placement, including at the time of expressing the will to be bound by the Sales Contract.

§6 Rules for Placing Orders

1. To place an Order, the Customer selects a given Product or a larger number of Products using the “add to cart” option. Within the Store, the Seller conducts only retail sales of the offered Products; therefore, it is not permissible to purchase via the Store more than 2 pieces per day of a given Product.

2. The Customer should then proceed in accordance with the instructions on the Store’s Order page.

3. To complete the Order process in the Store, it will be necessary to:
   3.1 accept these Online Store Regulations;
   3.2 confirm having read the Information Clause on personal data processing;
   3.3 confirm having read the General Warranty Terms and Conditions.

4. After making the confirmations and acceptances above, the Customer completes the Order Form, where it will be necessary to:
   4.1 indicate Customer data such as name and surname or company name and address of residence or registered office;
   4.2 indicate recipient data and the place of delivery of the purchased Products;
   4.3 indicate a phone number;
   4.4 indicate an e-mail address;
   4.5 make payment in accordance with the procedure applied on the Store’s Order page;
   4.6 if the Customer purchasing within their business or professional activity wishes to receive a VAT invoice, it will also be necessary to indicate full company details such as name, registered office address, and VAT (NIP) number;
   4.7 if the Customer uses installment payments or leasing, to assess the application for a loan or leasing agreement, it may be necessary to provide additional data beyond those specified above. The system of the financing institution, to which the Customer will be redirected automatically after placing the Order if intending to use one of these options, determines which data are necessary to consider the loan or leasing application.

5. The Order placed by the Customer will be confirmed by the Seller by sending an e-mail message to the e-mail address indicated by the Customer during the Order placement.

6. If the Customer fails to pay within 72 hours from sending the order confirmation to the Customer’s e-mail address, the Order is considered canceled and will not be processed. If the Customer intends to use installment payment or leasing and the financing institution refuses to conclude the relevant contract with the Customer, sentence 1 of this section applies accordingly.

7. Confirmation of acceptance of the Order for processing will be sent by the Seller immediately after the Seller receives payment for the Ordered Products. Upon the Customer’s receipt of the message about acceptance of the order for processing, a Distance Contract – a Sales Contract – is concluded between the Seller and the Customer.

8. If the Customer uses installment payments or leasing, confirmation of acceptance of the Order for processing occurs immediately after the Seller receives confirmation of the Customer’s conclusion of the relevant agreement with the financing institution.

9. The Seller is entitled to refuse to accept the Customer’s Order for justified reasons, in particular where:
   9.1 the Customer has previously placed at least twice an Order which was then not collected by the Customer without giving reasons and without informing the Seller of withdrawal from the contract;
   9.2 circumstances related to the Order indicate a possibility of fraud;
   9.3 the Customer placing the Order violates the provisions of these Regulations.

10. The Seller shall promptly inform the Customer by e-mail in the event of refusal to accept the Order for the reasons indicated in sec. 9 above.

§7 Delivery Conditions and Payment

1. Delivery of Products takes place, subject to secs. 2 and 3, within up to 14 Business Days from:
   1.1 the date of placing and paying for the Order (where the Customer uses one of the payment methods indicated in secs. 10.1 – 10.3 below);
   1.2 the date on which the Seller receives confirmation of the conclusion of an agreement between the Customer and the relevant financing institution (where the Customer uses the options indicated in secs. 11 or 12 below).

2. The delivery time indicated in sec. 1 does not apply to Products made to the Customer’s individual order, for which the lead time is 30 Business Days.

3. When placing the Order, the Customer may choose a different – later – completion date than results from the above provisions of the Regulations.

4. The Seller will inform the Customer, via the e-mail address indicated during the Order placement, about subsequent stages of Order fulfillment.

5. Delivery of Products is carried out only within the territory of the European Union.

6. Products are delivered to the Customer by the Seller’s own transport or by a courier company providing transport services to the Seller.

7. Delivery costs depend on the method of delivery, the weight and dimensions of the purchased Products, and the country in which the delivery is to be made. Delivery costs are provided on the Store’s website during Order placement, including directly before placing the Order.

8. Delivery of the ordered Products does not include carrying them inside. Shipments under the Order are delivered to the entrance of the building indicated as the delivery address in the Order or to the unloading yard located on the property indicated as the delivery address.

9. The Customer may use the following payment methods:
   9.1 bank transfer to the Seller’s account;
   9.2 electronic payments via payment systems:
   9.2.1 “Traditional bank transfer”;
   9.2.2 “PayPal”.

10. The Customer may also make payment in installments under the rules set out in the Installment Sales Regulations via the VOLANT online Store, constituting Appendix No. 2 to the Regulations.

11. For some Products offered for sale, leasing is possible under the terms and conditions set out in a separate leasing agreement. Information on Products available with the leasing option is provided on the Store’s website.

12. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.

§8 Right of Withdrawal from the Contract

1. Pursuant to Article 27 of the Consumer Rights Act, a Customer who is a Consumer has the right to withdraw from a contract concluded via the Store without giving reasons and without incurring costs, except for the costs referred to below, within 14 days from the date of receipt of the Products (by the Consumer or a person indicated by the Consumer), and in the case of a contract which:
   1.1 covers multiple items delivered separately, in batches, or in parts – from taking possession of the last item, batch, or part;
   1.2 involves regular delivery of items for a fixed period – from taking possession of the first item.

2. The Consumer may withdraw from the Contract by submitting to the Seller a declaration of withdrawal. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the expiry of the period indicated in sec. 1 above. The Consumer’s declaration may be made in writing and sent in writing to the Seller’s address indicated in §3 sec. 1 or delivered in person to the Seller’s address.

3. The Consumer may, but is not required to, use the model withdrawal form constituting Appendix No. 1 to these Regulations and sent to the Consumer along with the order processing confirmation.

4. In the event of effective exercise of the right of withdrawal, the Contract is deemed not concluded, and all performances of the parties and remuneration received as a result of the Contract shall be refunded (subject to secs. 8, 9, 10, and 11 below). If the Consumer submitted a declaration of withdrawal before the Seller accepted their offer, the offer ceases to be binding.

5. The Consumer is obliged to return the Products within 14 days from the day on which they withdrew from the contract.

6. The Consumer is obliged to bear the direct costs of returning the Products.

7. The return of Products should be made by:
   7.1 delivering them by the Customer to the Return/Complaint Product Collection Point indicated in §3 sec. 2;
   7.2 handing over the Products to a person authorized by the Seller to collect them, if the Seller agrees with the Consumer that the Seller will collect the Product.

8. The refund of all payments made by the Customer in connection with the contract from which the Consumer withdrew, including the cost of delivering the Product (except for additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary method of delivery offered by the Seller in the Store), shall be made within 14 days from the date of receipt of the Consumer’s declaration of withdrawal, using the same method of payment as used by the Consumer.

9. If the Consumer withdraws from the sales contract only with respect to some of the Products covered by a single order:
   9.1 the Seller will refund the part of the delivery costs related to the returned Products (i.e., the refund of delivery costs will be made in the proportion in which including the returned Products in the entire order causes an increase in its delivery costs);
   9.2 those delivery costs which the Consumer is obliged to incur in connection with the delivery of the part of the Products for which the Consumer has not withdrawn from the contract are not refundable.

10. The Seller may withhold the refund of payments received from the Consumer until the Product is received back or the Consumer provides proof of its dispatch, whichever occurs first.

11. The Consumer is liable for any diminished value of the item resulting from using it in a way other than necessary to establish the nature, characteristics, and functioning of the item.

12. The right of withdrawal from a contract concluded via the Store does not apply to the Consumer with regard to contracts:
    12.1 for the provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, after being informed before the service began that after the performance by the Seller they would lose the right of withdrawal;
    12.2 where the subject of performance is a non-prefabricated Product, manufactured according to the Consumer’s specification or serving to satisfy their individualized needs;
    12.3 where the subject of performance are items which, after delivery, due to their nature, become inseparably connected with other items;
    12.4 where the Consumer expressly requested that a representative of the Seller come to them to carry out urgent repair or maintenance; if the Seller provides, in addition, services other than those requested by the Consumer, or delivers items other than spare parts necessary for repair or maintenance, the right of withdrawal applies to those additional services or Products.

§9 Complaints and Warranty

1. The Sales Contract covers new Products.

2. The Seller is obliged to deliver Products free from physical and legal defects.

3. In the event of a defect in a Product purchased from the Seller, the Consumer has the right to file a complaint based on the statutory warranty under the Civil Code (Art. 556 et seq.). If the Customer is an Entrepreneur, the parties exclude the Seller’s liability under statutory warranty. In such a case, the Entrepreneur may use the manufacturer’s guarantee under the rules set out in the General Warranty Terms and Conditions. The following rules apply only to complaints resulting from the Consumer Customer exercising rights under the statutory warranty for defects. The rules regarding the Customer’s complaint claims pursued under the guarantee of the sold Products are set out in the General Warranty Terms and Conditions. If complaint claims are made by a Consumer and there is no indication of the legal basis, in case of doubt it is assumed that the complaint is made under the guarantee.

4. The Seller is liable under statutory warranty for physical defects that existed at the moment of transfer of risk to the Consumer or resulted from causes inherent in the Product at the same time. The warranty period is two years and begins on the day the Product is delivered to the Customer.

5. If the Product has a defect, the Consumer may make a statement to reduce the price or withdraw from the sales contract unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defect.

6. The Consumer may, instead of defect removal proposed by the Seller, demand replacement of the Product with a defect-free one or, instead of replacement, demand removal of the defect unless bringing the Product into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller.

7. The Customer may not withdraw from the contract if the defect is insignificant.

8. A complaint should be submitted in writing or electronically to the Seller’s address or e-mail address indicated in these Regulations. The Customer may use the ready Complaint Form (Appendix No. 4 to the Regulations). The Complaint Form may also be used by a Customer who is an Entrepreneur pursuing complaint claims under the guarantee granted by the Seller, following the instructions in the form.

9. A Customer exercising rights under the statutory warranty is obliged, at the Seller’s cost, to deliver the defective Product to the Return/Complaint Product Collection Point indicated in §3 sec. 2. If, due to the type of Product or the way it was mounted, the Customer’s delivery of the Product would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located. The provisions of this section apply to the return of the Product in the event of withdrawal from the contract and replacement of the Product with a defect-free one.

10. The complaint should include, in particular: a concise description of the defect, the circumstances (including the date) of its detection, photos of the Product under complaint, data of the Customer submitting the complaint (name and surname, address and e-mail address), the name of the Product and its catalogue number, the date of purchase of the Product, and the Customer’s request related to the complaint. Together with the complaint, no later than within 3 days from its submission, the Customer should deliver the Product subject to complaint or, within this period, provide proof of dispatch of the Product. The Seller reserves the right to request the Customer to supplement the information contained in the complaint if the provided data are incomplete and prevent the complaint from being considered. Failure to complete the submission means the complaint procedure cannot be initiated.

11. The basis for considering complaint claims is the proof of purchase presented by the Customer. The proof of purchase or its copy should be delivered together with the complaint.

12. The Seller will respond to the complaint request immediately, no later than within 14 days from the date of receipt of a complete request for replacement or removal of the defect or from the Consumer’s submission of a statement to reduce the price specifying the amount by which the price is to be reduced; if the Seller does not do so within that period, it is deemed that the Customer’s request is justified.

13. The Seller will notify the Customer of the manner of handling the complaint by sending a message to the e-mail address or, if this address is not available, to the Customer’s postal address.

14. If, under the statutory warranty provisions, the Seller delivers a defect-free product, the Seller may simultaneously demand the return of the defective Product.

15. After the complaint procedure is completed, a Customer who is a Consumer may use out-of-court complaint handling and redress procedures. In particular, the Consumer may use the mediation procedures provided by Voivodeship Inspectorates of Trade Inspection or permanent consumer arbitration courts operating at the Voivodeship Inspectorates of Trade Inspection. Detailed information on out-of-court complaint handling and redress procedures, as well as rules for access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Voivodeship Inspectorates of Trade Inspection. Important information in this regard can also be found on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. In the event of a dispute involving a Consumer, the online ODR platform available at http://ec.europa.eu/consumers/odr/ may also be used. Using out-of-court complaint handling and redress procedures is voluntary and may take place only if both parties to the dispute agree. The above provision is for information purposes only and does not constitute the Seller’s consent to participate in out-of-court dispute resolution.

§10 Personal Data in the Online Store

1. The controller of Customers’ personal data collected via the online Store is the Seller: VOLANT GRABOWSCY SPÓŁKA KOMANDYTOWO-AKCYJNA, with its registered office at 08-110 Siedlce, Żelków Kolonia, Stalowa 16, VAT No. PL 8212467043, REGON No.: 140 758 518, entered in the National Court Register, with share capital of PLN 100,000.00 – hereinafter in this paragraph referred to as the Controller.

2. The Controller indicates the contact details of the Data Protection Officer appointed at the Controller, who can be contacted in all matters related to personal data protection: info@volant.pl

3. Personal data provided by Customers in connection with placing an order are processed to provide the service by electronic means – in particular, to the extent necessary to fulfill the Order placed in the Store (under the rules set out in the Regulations). The legal basis for such processing is Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation”). In addition, these data will be processed by the Seller for the marketing of its own services when the Customer consents thereto, based on Article 6(1)(a) GDPR.

4. The Customer’s personal data will be stored by the Seller for the duration of the contract for the provision of electronic services concluded within the Store and after its termination, to enable the Seller to exercise rights and obligations under applicable law, in particular tax obligations.

5. The Customer has the right to access their personal data, rectify, delete, or restrict processing, the right to object to further processing (where the legal basis is the controller’s legitimate interest), the right to data portability, and the right to lodge a complaint with a supervisory authority for personal data protection.

6. Providing personal data is voluntary, but completing the fields marked as “mandatory fields” is necessary to fulfill an order in the Store and to issue an invoice (if the Customer requests it).

7. The Seller exercises the highest diligence in protecting personal data and the right to privacy. All information security measures used by the Seller meet the protection standards referred to in the GDPR and other generally applicable legal provisions. Personal data transmitted electronically are secured with cryptographic personal data protection measures (https protocol).

8. In written agreements compliant with the GDPR, the Seller may entrust the processing of Customers’ personal data to:
   8.1 a carrier providing transport services to the Seller, to the extent necessary to deliver the ordered Products;
   8.2 if the Customer uses electronic or card payments in the Store – the Controller provides the Customer’s personal data to the selected entity handling these payments in the Store, to the extent necessary to make payment via the electronic payment system or by payment card;
   8.3 if the Customer uses installment payments or leasing – the Seller provides the Customer’s personal data to the financing institution that finances the loan or leasing, for the purposes necessary to submit a loan or financing application.

§11 Final Provisions

1. The Regulations enter into force on 01/09/2020.

2. Contracts concluded via the online Store are concluded in Polish.

3. The Seller reserves the right to amend the Regulations for important reasons, i.e., changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The amended Regulations will apply to orders placed from the effective date of the changes, provided that the amended Regulations are made available on the Store’s website in a manner enabling the amended Regulations to be read as easily as the current Regulations, and provided that the Customer confirms having read and accepted the amended Regulations before placing an order to which the amended Regulations apply. The amendment of the Regulations has no effect on orders placed before the effective date of the amended Regulations and contracts concluded on the basis of such orders.

4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means; the Consumer Rights Act; and the Personal Data Protection Act.

Appendix No. 1 – Model statement of withdrawal from an off-premises contract
Appendix No. 3 – General Warranty Terms and Conditions
Appendix No. 4 – Model complaint form