Terms and conditions of use

Online Store Regulations

§ 1 Preliminary Provisions

1. The AslanDynamics online store (store name), available at aslandynamics.com, is operated by Tomasz Ostrowski conducting business under the company name Kubu, entered into the Central Register and Information on Economic Activity (CEIDG) conducted by the minister competent for economic affairs, NIP: 8512818995 REGON: 386248057.
2. These Regulations are directed at both Consumers and Entrepreneurs using the Store and define the rules for using the online Store and the rules and mode of concluding Distance Sales Agreements with the Customer via the Store.

§ 2 Definitions

1. Consumer - a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller - a natural person conducting business under the company name Kubu Tomasz Ostrowski, entered into the Central Register and Information on Economic Activity (CEIDG) conducted by the minister competent for economic affairs, NIP: 8512818995 REGON: 386248057.
3. Client - any entity making purchases through the Store.
4. Entrepreneur - a legal person or organizational unit without legal personality, which the law grants legal capacity, conducting business activity on its own behalf, using the Store.
5. Store - the online store operated by the Seller at aslandynamics.com.
6. Distance Agreement - an agreement concluded with the Customer within an organized system of distance contract conclusion (within the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the agreement.
7. Regulations - these Store regulations.
8. Order - Customer's declaration of intent made using the Order Form and intended directly for concluding a Product Sale Agreement or Product Agreements with the Seller.
9. Account - the customer's account in the Store, where the Customer's data and information about their Orders in the Store are collected.
10. Registration Form - a form available in the Store that allows creating an Account.
11. Order Form - an interactive form available in the Store that allows placing an Order, especially by adding Products to the Cart and defining the conditions of the Sales Agreement, including the delivery method and payment.
12. Cart - a part of the Store software in which the Products selected by the Customer for purchase are visible, and the possibility of setting and modifying Order details, especially the quantity of products, exists.
13. Product - a movable item/service available in the Store being the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a product sales agreement concluded or being concluded between the Customer and the Seller via the online Store. Depending on the characteristics of the Product, the Sales Agreement is also understood as a service provision agreement and a work contract.

§ 3 Contact with the Store

1. Seller's address: Spółdzielców 15/3, 72-006 Mierzyn, Poland
2. Seller's email address: kontakt@aslandynamics.com
3. Seller's phone number: +48 517 727 121
4. The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
5. The Customer may contact the Seller by phone from 9 a.m. to 6 p.m.

§ 4 Technical Requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

• End device with Internet access and a web browser such as Mozilla Firefox version 11.0 or higher, Internet Explorer version 9.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher.
• Active email account.
• Enabled cookies support.

§ 5 General Information

1. The Seller to the maximum extent permitted by law shall not be liable for disturbances including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require setting up an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after setting up an Account in accordance with the provisions of § 6 of the Regulations or by providing necessary personal and address data to enable the Order to be processed without setting up an Account.
3. Prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final (total) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery, and postal services), which the Customer is informed about on the Store's website during the submission of the Order, including at the moment of expressing the desire to be bound by the Sales Agreement.
5. In the case of an Agreement covering subscription or service provision for an indefinite period, the final (total) price is the total price covering all payments for the settlement period.
6. When the nature of the subject of the Agreement does not allow, reasonably assessing, prior calculation of the final (total) price, information on how the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided in the Store Product description.

§ 6 Setting Up an Account in the Store

1. To set up an Account in the Store, you must fill out the Registration Form. It is necessary to provide the following data: name, surname, email address, password, date of birth (optional).
2. Setting up an Account in the Store is free of charge.
3. Logging into the Account is done by providing the login and password set in the Registration Form.
4. The Customer has the opportunity at any time, without giving any reason and without incurring any charges to delete the Account by sending a relevant request to the Seller, especially via email or in writing to the addresses provided in § 3.

§ 7 Order Placement Rules

To place an Order, you must:

1. Log in to the Store (optional);
2. Select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent);
3. Log in or use the option of placing an Order without registration;
4. If the option to place an Order without registration was chosen - fill out the Order Form by entering the recipient's data for the Order and address to which the Product delivery is to take place, select the type of shipment (method of Product delivery), enter invoice data if different from the recipient’s data,
5. Click the "Order and pay" button;
6. Select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

§ 8 Available Delivery and Payment Methods

1. The Seller offers the following methods of Product delivery: Pocztex, Polish Post, DHL, DPD, FedEx, InPost, UPS. Delivery costs are indicated during the Order placement process. They depend on the chosen delivery and payment method by the Service Recipient.
2. The Customer can use the following payment methods:
   • Cash on delivery
   • Bank transfer to the Seller's account
   • Electronic payments
   • Credit card payment
   • BLIK
3. Detailed information on delivery methods and acceptable payment methods are available on the Store's website.

§ 9 Execution of Sales Agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending a relevant email by the Seller to the Customer's email address provided during the Order placement, which contains at least the Seller's statements of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of this email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. In the case of the Customer’s choice of:
   • Payment by bank transfer, electronic payment, or credit card payment, the Customer is obliged to make the payment within 5 calendar days from the Sales Agreement conclusion; otherwise, the order will be canceled.
   • Cash on delivery, the Customer is obliged to make the payment upon receipt of the shipment.
4. If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the period specified in the description, in the manner chosen by the Customer when placing the Order.
5. A. In the case of an order for Products with different delivery dates, the delivery date shall be the longest provided date. B. In the case of an order for Products with different delivery dates, the Customer can request delivery in parts or delivery of all Products once the entire order is complete.
6. The start date for the delivery of the Product to the Customer is counted as follows:
   • In the case of payment by bank transfer, electronic payment, or credit card - from the date of crediting the Seller's bank account.
   • In the case of cash on delivery - from the date of the Sales Agreement conclusion.
7. In a store version delivering orders entirely after completing all order parts:
8. In the case of an order for Products with different readiness dates, the Customer can select partial product collection (according to their readiness) or collect all Products once the entire order is complete.
9. The start date for the Product's readiness for pickup by the Customer is counted as follows:
   • In the case of payment by bank transfer, electronic payment, or credit card - from the date of crediting the Seller's bank account.
10. Product delivery takes place within the European Union, Europe, the United States, and some countries above the listed ones.
11. Product delivery to the Customer is against payment unless the Sales Agreement states otherwise. The delivery costs of the Product (including transportation, delivery, and postal service fees) are indicated to the Customer on the online Store's website in the "Delivery Costs" section and during the Order process, including at the moment the Customer expresses the intention to be bound by the Sales Agreement.
12. Personal product pickup by the Customer is free of charge.

§ 10 Right of Withdrawal from the Agreement

1. The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
2. The period indicated in section 1 begins with the delivery of the Product to the Consumer or a person indicated by them other than the carrier.
3. In the case of an Agreement that encompasses multiple Products delivered separately, in parts, or in sections, the period indicated in section 1 runs from the delivery of the last item, lot, or part.
4. In the case of an Agreement involving the regular delivery of Products for a specified period (subscription), the period indicated in section 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient to send the statement before its expiration.
6. The statement can be sent by traditional mail, fax, or electronic means by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details are provided in § 3. The statement can also be submitted on the form, a template of which constitutes Annex No. 1 to these Regulations and the Annex to the Act of May 30, 2014, on consumer rights, but this is not obligatory.
7. In the case of sending a statement by the Consumer via electronic means, the Seller will immediately send confirmation of receiving the statement of withdrawal from the Agreement to the Consumer's email address provided by the Consumer.
8. Effects of withdrawal from the Agreement:
   • In the event of withdrawal from an Agreement concluded remotely, the Agreement is deemed null and void.
   • In the event of withdrawal from the Agreement, the Seller will return to the Consumer all payments made by them, including delivery costs, no later than 14 days from the day of receipt of the Consumer's statement of withdrawal, except for additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by the Seller.
   • The Seller will make the reimbursement using the same payment methods used by the Consumer in the original transaction unless the Consumer expressly agrees to a different solution that does not incur any costs for them.
   • The Seller may withhold the refund until they receive the Product back or until the Consumer provides proof of its return, depending on which event occurs first.
   • The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the 14-day period expires.
   • The Consumer bears the direct cost of returning the Product, including the cost of returning the Product, if due to its nature, it could not be returned by regular mail.
   • The Consumer is only liable for any diminished value of the Product resulting from its use in a manner other than necessary to establish the nature, characteristics, and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned in a regular postal manner, information about this, as well as the cost of returning the Product, will be provided in the Product description in the Store.
10. The right to withdraw from the agreement concluded at a distance does not apply to the Consumer in respect to the Agreement:
    • where the subject of the service is a non-prefabricated item manufactured according to the Consumer's specifications or serving to meet their individualized needs,
    • where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health or hygiene reasons, if the package was opened after delivery,
    • where the service provided consists of items subject to rapid deterioration or having a short expiration period,
    • for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the performance, that after the performance by the Seller, they will lose the right to withdraw from the Agreement,
    • where the price or remuneration depends on fluctuations in the financial market, which the Seller does not control and which may occur before the withdrawal period expires,
    • where the service consists of items that, after delivery, are inseparably combined with other items due to their nature,
    • where the service consists of alcoholic beverages, the price of which was agreed upon when concluding the sales agreement, and their delivery can only occur after 30 days, and their value depends on market fluctuations that the Seller does not control,
    • where the service consists of sound or visual recordings, or computer software delivered in a sealed package if the package has been opened after delivery,
    • for delivery of newspapers, periodicals, or magazines, except for a subscription agreement,
    • for providing digital content not recorded on a tangible medium, if the performance commenced with the Consumer's express consent before the withdrawal period expired, and after informing them by the Seller about the loss of the right to withdraw from the Agreement,

§ 11 Complaints and Warranty

1. The Sales Agreement covers new Products.
2. The Seller is obliged to deliver a defect-free item to the Customer.
3. In the event of a defect in the purchased items, the Customer has the right to make a complaint based on warranty provisions in the civil code.
4. A complaint should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store’s subpages.
5. It is recommended that the complaint includes a concise description of the defect, circumstances (including the date) of its occurrence, Customer data submitting the complaint, and Customer's demand in connection with the defect of the item.
6. The Seller will respond to the complaint demand immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer's request was justified.
7. Goods sent back under the complaint procedure must be sent to the address given in § 3 of these Regulations.
8. If a warranty was provided on the Product, information about it, including its content, will be included in the Product description in the Store.

§ 12 Extrajudicial Means of Dealing with Complaints and Asserting Claims

1. Detailed information on the possibilities for the Consumer to use extrajudicial means of dealing with complaints and asserting claims, as well as the rules of access to these procedures, are available at the locations and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:
   • http://www.uokik.gov.pl/spory_konsumenckie.php
   • http://www.uokik.gov.pl/sprawy_indywidualne.php
   • http://www.uokik.gov.pl/wazne_adresy.php
2. The Consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and asserting claims:
   • The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws from 2014, item 148 as amended), with a request for resolving a dispute arising from the Agreement concluded with the Seller.
   • The Consumer is entitled to apply to the provincial inspector of Trade Inspection in accordance with Art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws from 2014, item 148 as amended), with a request to initiate mediation proceedings concerning an amicable termination of the dispute between the Consumer and the Seller.
   • The Consumer may obtain free assistance in resolving a dispute between them and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization, to whose statutory tasks belong consumer protection (e.g. Consumer Federation, Polish Consumer Association).

§ 12 Personal Data in the Online Store

1. The administrator of Customers' personal data collected through the online Store is the Seller.
2. Customers' personal data collected by the administrator via the online Store are collected for the purpose of executing the Sales Agreement, and if the Customer consents, also for marketing purposes.
3. The recipients of the online Store Customers' personal data may be:
   • In the case of a Customer who uses the Store for delivery by postal or courier service, the Administrator will provide the collected personal data to the selected carrier or intermediary performing shipments on behalf of the Administrator.
   • In the case of a Customer who uses the Store for electronic payment or credit card payments, the Administrator will provide the collected personal data to the selected entity handling the above payments in the online Store.
4. The Customer has the right to access their data and correct it.
5. Providing personal data is voluntary, although the lack of providing the data indicated in the Regulations, necessary to conclude the Sales Agreement, results in the inability to conclude that Agreement.

§ 13 Final Provisions

1. Agreements concluded through the online Store are concluded in Polish or English.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes to the law, changes to payment or delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights, and the Act on personal data protection.
4. The Customer has the right to use extrajudicial means of handling complaints and asserting claims. To this end, they may file a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.